81_FR_21741 81 FR 21671 - Air Plan Approval; Minnesota and Michigan; Revision to 2013 Taconite Federal Implementation Plan Establishing BART for Taconite Plants

81 FR 21671 - Air Plan Approval; Minnesota and Michigan; Revision to 2013 Taconite Federal Implementation Plan Establishing BART for Taconite Plants

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 70 (April 12, 2016)

Page Range21671-21697
FR Document2016-07818

The Environmental Protection Agency (EPA) is finalizing a revision to the 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 revising 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). Cliffs owns and operates Tilden Mining and United Taconite. Hibbing is owned by Cliffs, ArcelorMittal and U.S. Steel and operated by Cliffs. ArcelorMittal is owner and operator of Minorca Mine. We are also revising the sulfur dioxide (SO<INF>2</INF>) requirements at two of Cliffs' facilities. We are making 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 81 Issue 70 (Tuesday, April 12, 2016)
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21671-21697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07818]



[[Page 21671]]

Vol. 81

Tuesday,

No. 70

April 12, 2016

Part II





Environmental Protection Agency





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40 CFR Part 52





Air Plan Approval; Minnesota and Michigan; Revision to 2013 Taconite 
Federal Implementation Plan Establishing BART for Taconite Plants; 
Final Rule

Federal Register / Vol. 81 , No. 70 / Tuesday, April 12, 2016 / Rules 
and Regulations

[[Page 21672]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0196; FRL-9944-22-Region 5]


Air Plan Approval; Minnesota and Michigan; Revision to 2013 
Taconite Federal Implementation Plan Establishing BART for Taconite 
Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
revision to the 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 revising the nitrogen oxides (NOX) 
limits for taconite furnaces at facilities owned and operated by Cliffs 
Natural Resources (Cliffs) and ArcelorMittal USA LLC (ArcelorMittal). 
Cliffs owns and operates Tilden Mining and United Taconite. Hibbing is 
owned by Cliffs, ArcelorMittal and U.S. Steel and operated by Cliffs. 
ArcelorMittal is owner and operator of Minorca Mine. We are also 
revising the sulfur dioxide (SO2) requirements at two of 
Cliffs' facilities. We are making these changes because new information 
has come to light that was not available when we originally promulgated 
the FIP on February 6, 2013.

DATES: This final rule is effective on May 12, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2015-0196. 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 in 
www.regulations.gov or 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 section is arranged as 
follows:

I. Definitions
II. Background Information
III. Comments and Responses
IV. Revision to Equation for Normally Distributed but not 
Statistically Independent Data
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
     The initials BACT mean or refer to Best Available Control 
Technology.
     The initials BART mean or refer to Best Available Retrofit 
Technology.
     The initials CAA mean or refer to the Clean Air Act.
     The initials CBI mean or refer to Confidential Business 
Information.
     The initials CEMS means or refers to continuous emission 
monitoring system.
     The initials CFD mean or refer to computational fluid 
dynamic.
     The words EPA, we, us, or our mean or refer to the United 
States Environmental Protection Agency.
     The initials FIP mean or refer to Federal Implementation 
Plan.
     The initials LNB mean or refer to low-NOX 
burners.
     The initials MACT mean or refer to Maximum Achievable 
Control Technology.
     The initials MCEA means or refers to the Minnesota Center 
for Environmental Advocacy.
     The initials MMBtu mean or refer to million British 
thermal units.
     The initials MW mean or refer to megawatts.
     The initials NAAQS mean or refer to National Ambient Air 
Quality Standards.
     The initials NESHAP mean or refer to National Emission 
Standards for Hazardous Air Pollutants.
     The initials NSPS mean or refer to Standards of 
Performance for New Stationary Sources.
     The initials NOX mean or refer to nitrogen 
oxides.
     The initials NPCA means or refers to the National Parks 
Conservation Association.
     The initials NTAA means or refers to the National Tribal 
Air Association.
     The initials PRB mean or refer to the Powder River Basin.
     The initials RHR mean or refer to the EPA's Regional Haze 
Rule.
     The initials RMB mean or refer to RMB Consulting and 
Research.
     The initials SCR mean or refer to Selective Catalytic 
Reduction.
     The initials SIP mean or refer to State Implementation 
Plan.
     The initials SO2 mean or refer to sulfur 
dioxide.
     The initials UPL mean or refer to Upper Prediction Limit.

II. Background Information

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

    In section 169A of the 1977 Amendments to the 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 RHR 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

[[Page 21673]]

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 BART as determined by EPA. Under the RHR, 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 includes 
identifying those sources that meet the definition of ``BART-eligible 
source'' set forth in 40 CFR 51.301,\3\ determining 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, for each source subject to BART, identifying 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.
    A 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 RHR, 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 Taconite FIP on July 2, 2015, based on new 
information raised in Cliffs', ArcelorMittal's, 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.

III. Comments on Proposed Action and Responses

    On October 22, 2015, EPA published a Federal Register action 
entitled ``Air Plan Approval; Minnesota and Michigan; Revision to 
Taconite Federal Implementation Plan; Proposed Rule'' (80 FR 64160), 
which proposed 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.
    EPA proposed to revise the NOX limits and compliance 
schedules for all four facilities and to revise the SO2 
requirements for Tilden Mining and United Taconite in response to new 
information that became available after the close of the public comment 
period of the 2013 FIP. Specifically, Cliffs and ArcelorMittal 
submitted information to EPA that suggested high-stoichiometric LNBs, 
which formed the basis of the original NOX limits, posed 
serious technical hurdles. Consequently, EPA proposed to determine that 
BART for taconite facilities was low-stoichiometric LNBs (for grate 
kilns) and a combination of water and steam injection and pre-
combustion technologies (for straight-grate kilns) and proposed revised 
NOX limits based upon these technologies. Cliffs also 
submitted information showing that United Taconite could not burn very 
low-sulfur coal without challenges and that Tilden intended to burn 
mixed low-sulfur fuels instead of 100% natural gas. As a result, EPA 
proposed to revise the SO2 limits for these facilities.
    The public comment period on the proposal ended on December 23, 
2015. EPA received comments from the National Park Service of the 
United

[[Page 21674]]

States Department of Interior, the National Parks Conservation 
Association (NPCA), the Minnesota Center for Environmental Advocacy 
(MCEA), United States Steel Corporation, ArcelorMittal USA LLC, the 
Forest Service of the United States Department of Agriculture (USDA), 
Cliffs Natural Resources, and the Fond du Lac Band of Lake Superior 
Chippewa. The National Tribal Air Association (NTAA) requested an 
extension of the public comment period of 120 days. A 30-day extension 
of the public comment period was provided, but NTAA did not 
subsequently submit comments. EPA fully considered all of the comments 
and responds to each comment below. Based on our consideration of the 
comments, we are finalizing the NOX and SO2 
emission limits and compliance schedules as proposed, with two minor 
exceptions explained in Section V.

A. Comments by the Forest Service

    Comment: The Forest Service disagreed with EPA's determination that 
LNBs should be eliminated as a potential BART option for straight-grate 
kilns. The Forest Service stated that LNBs are included in the permits 
for straight-grate furnaces for Essar Steel (Essar) in Minnesota and 
Magnetation in Indiana, which (unlike Essar) has commenced operation. 
The permit limits for each of the two LNB-equipped straight-grate kilns 
are 0.25 lbs NOX/MMBTU, which is lower than the limits 
proposed by EPA.
    Response: EPA disagrees that the situations at Essar and 
Magnetation provide sufficient evidence that LNBs would be technically 
feasible at the Minorca Mine and Hibbing facilities. Essar and 
Magnetation were subject to the BACT requirement that applies to new 
and modified sources. Consequently, these facilities were able to 
integrate LNBs into the design and construction of their furnaces. In 
contrast, the furnaces at Minorca Mine and Hibbing were not designed to 
accommodate LNBs. As discussed in the proposal, EPA eliminated LNBs 
from consideration due to the technical challenges associated with a 
retrofit application on the unique straight-grate kilns at Minorca Mine 
and Hibbing. We also note that the Essar straight-grate furnace is 
still not operational, and Magnetation is not an iron ore processing 
facility and therefore is not classified as a taconite facility as 
defined by the taconite MACT (40 CFR part 63 subpart RRRRR). While 
Magnetation's permit limit is 0.25 lbs NOX/MMBTU, the 
results from an August-September 2015 test indicate emissions ranging 
from 0.773 lbs NOX/MMBTU to 1.304 lbs NOX/MMBTU 
at that facility. Finally, we note that we are finalizing an initial 
emission limit of 1.2 lbs NOX/MMBTU (subject to upward 
revision only in unlikely scenarios) for the Minorca Mine and Hibbing 
furnaces, which is consistent with the limit in our 2013 FIP, but based 
on the installation of different technologies.
    Comment: The Forest Service stated that EPA seems to assume that 
the only way to meet the existing 0.6 percent sulfur limit is to use 
western sub-bituminous coal, which will not work in the furnace due to 
its lower heating value. The Forest Service did a quick search of U.S. 
coal data (US DOE, NETL, Detailed Coal Specifications, Quality 
Guidelines for Energy System Studies, Final Report, DOE/NETL-401/
012111, January 2012, page 31) and could find no eastern bituminous 
coal at 0.6 percent sulfur, but was able to find a low-volatile, 
eastern bituminous coal with very high heating value at 0.66 percent 
sulfur, which is far below the new limit proposed by EPA for United 
Taconite of 1.5 percent sulfur. The Forest Service stated that if an 
adjustment is warranted to the existing limit, it should be based on 
low-sulfur content eastern bituminous coal, such as the one at 0.66 
percent sulfur.
    Response: EPA disagrees with this comment. The primary 
SO2 emission limit for BART at United Taconite is the 529 
lbs SO2/hr aggregate limit on lines 1 and 2. This BART 
limit, which is based upon the use of low-sulfur fuels (a combination 
of natural gas and coal), will result in 1900 tons per year of 
SO2 reductions. In contrast, the 1.5 percent sulfur limit is 
an operational limit that EPA imposed after Cliffs requested an 
adjustment to its baseline emission rate to be used in evaluating 
potential BART controls. Under the BART guidelines, the baseline 
emission rate ordinarily should represent a realistic depiction of 
anticipated annual emissions for the source based upon actual emissions 
from a baseline period. See 40 CFR part 51, appendix Y. However, when 
future operating parameters, such as type of fuel, will differ from 
past practice, and if this projection has a deciding effect in the BART 
determination, then the operating parameter must be made into an 
enforceable limitation. Id. EPA imposed the original 0.60 percent 
sulfur limit on the coal burned at United Taconite to comply with this 
provision. However, Cliffs indicated in its petition for 
reconsideration that 0.60 percent sulfur coal posed several issues for 
its furnaces. As a result, the EPA proposed to increase the operational 
limit to 1.5 percent sulfur, but this change will not have an effect on 
emissions at United Taconite due to the 529 lbs SO2/hr 
limit. In essence, United Taconite will now be required to burn more 
natural gas and less coal (or all gas) to meet its BART limit than the 
facility would have under a 0.60 percent sulfur limit.
    Comment: The Forest Service asked for an explanation as to why 
Minorca Mine and Tilden have the longest deadlines for compliance when 
they each have only one furnace at their facility.
    Response: To establish an overall compliance schedule that is as 
expeditious as practicable, we grouped the furnaces according to 
whether they are straight-grate kilns or grate kilns, not according to 
which facility they belong. By grouping furnaces according to design 
and function rather than facility, Cliffs and ArcelorMittal will be 
able to take advantage of the experience gained from the first 
installation of NOX reduction technologies at a straight-
grate kiln and grate kiln at the other furnaces. For example, Tilden 
will be able to take advantage of the experience of the earlier 
installation of a low-stoichiometric LNB on a grate kiln at United 
Taconite, while ArcelorMittal will be able to take advantage of the 
earlier installation of NOX reduction technologies on a 
straight-grate kiln at Hibbing. We believe that this staggered schedule 
is necessary because, although the selected NOX controls 
have been subject to extensive engineering studies, they have not been 
used on taconite furnaces in the United States to date. Such experience 
is necessary to ensure proper operation of these furnaces. Improper 
burner operation could adversely affect heat distribution throughout 
the furnace as well as pellet quality.
    Comment: The Forest Service stated that it would like the 
opportunity to review and comment on the final emission limits.
    Response: EPA has provided an extremely detailed and objective 
step-by-step procedure that will be used for determining the final 
emission limits. The notice of proposed rulemaking provided adequate 
information about the basis and timing of the final limits such that no 
further proposals will be necessary. The equations and an explicit 
explanation of how the final limits will be established are contained 
in the proposal, so the Forest Service could have raised any concerns 
during the public comment period. 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,

[[Page 21675]]

to obtain data needed for determining control effectiveness, and to 
minimize the time then needed to establish final enforceable limits. 
EPA has carefully considered the Forest Service's comments, but does 
not believe that a second comment period is necessary.
    Comment: The Forest Service requested a description of how plant 
shutdowns will be handled.
    Response: EPA is unsure what the commenter means by ``plant 
shutdowns,'' but presumes that the Forest Service may be concerned that 
the emission limits could be relaxed during a shutdown. No special 
consideration has been given to plant shutdowns in this respect. The 
NOX limits are based on the production level and the 
quantity of fuel burned.
    Comment: The Forest Service asked EPA to describe what will be done 
if adequate data are not collected within the timeframe envisioned in 
the schedule to establish a final emission limit.
    Response: The eight-month testing period, during which controls 
will be in place and CEMS will be operational, should provide ample 
time for collecting data adequate to establish a final limit.
    Comment: The Forest Service asked EPA to specify what design 
parameters will be monitored for the different control technologies.
    Response: The design parameters will be established in the 
engineering reports that are required by the settlement agreement and 
this action. We anticipate that the percent stoichiometric primary 
combustion air and gas/coal ratio when co-firing will be important 
variables.

B. Comments by the National Park Service

    Comment: The National Park Service, as well as NPCA and MCEA, 
commented on the technical feasibility of controlling NOX 
using SCR and encouraged EPA to further evaluate various configurations 
of SCR, including tail-end SCR with gas stream reheat (hereinafter 
referred to as ``SCR with reheat'').
    Response: There are several air pollution control technology 
analyses involving the potential use of SCR and SCR with reheat on 
indurating furnace hood exhaust. In these analyses (Magnetation BACT, 
Essar BACT, and Tilden BART), SCR with reheat was rejected for not 
being cost-effective, while upstream SCR was rejected as technically 
infeasible due to the likelihood that the exhaust stream would foul the 
catalyst.
    In a study conducted by Hatch for U.S. Steel, SCR with reheat was 
considered as a potential control option, but further discussion with 
potential vendors resulted in the determination that SCR with reheat is 
not a technically feasible control option for taconite indurating 
furnaces. One potential vendor, Mitsubishi Power Systems, cited 
temperature and layout as factors rendering SCR with reheat less than 
optimal for NOX control from U.S. Steel's Minntac taconite 
indurating furnaces. LKAB, a taconite facility in Sweden, has an SCR 
with reheat on its KK4 taconite pelletizing line. Alstom, the SCR 
vendor for LKAB, declined twice to bid on an SCR with reheat at 
Minntac, citing technical difficulties with the SCR with reheat at 
LKAB. These difficulties included operating within the narrow 
temperature range required by SCR with reheat. Further, LKAB is looking 
into process optimization and better burners to reduce NOX 
as opposed to installing another SCR with reheat in the future. It is 
important to note that SCR with reheat, even if it were technically 
feasible, would result in additional energy and environmental costs in 
the form of increased usage of natural gas and greenhouse gas 
emissions, respectively. While increased energy and environmental 
penalties are not preclusive, they further weigh against any additional 
analysis of SCR with reheat as a viable option for indurating furnaces 
at this time. We expect Minnesota and Michigan to reevaluate SCR with 
reheat as a potential option for making reasonable progress in future 
planning periods, but reject the technology as BART for the Minnesota 
and Michigan taconite facilities at this time.
    Comment: The National Park Service concurred with the maximum 3.0 
lbs NOX/MMBTU limit when burning natural gas only at grate 
kilns. However, the National Park Service did not believe that allowing 
NOX emissions to increase by 87 percent above expected 
levels when burning a gas/coal mix at grate kilns is justified.
    Response: Low-stoichiometric LNBs, as designed by FCT Combustion 
(FCT), are designed to reduce NOX while maintaining pellet 
quality and production and optimizing fuel efficiency. As a result, 
this LNB was selected to establish BART limits for Cliffs' grate-kiln 
furnaces. FCT's computational fluid dynamic (CFD) modeling for co-
firing at 30 percent gas and 70 percent coal indicated a reduction from 
a base case of 1.6-5.4 lbs NOX/MMBTU with a typical baseline 
value of 2.5 lbs NOX/MMBTU, to 2.04 lbs NOX/
MMBTU. Therefore, an increase from 2.04 to 2.5 lbs NOX/MMBTU 
is a 23 percent increase above expected levels, which is more 
meaningful than the 67 percent increase (not 87 percent) above the low 
end of the range of the final emission limits. It should be noted that, 
in addition to the uncertainty resulting from the lack of experience in 
the use of low-stoichiometric LNBs, there is additional uncertainty 
because the CFD modeling was only performed for co-firing at 30 percent 
gas and 70 percent coal. Furthermore, a rigorous demonstration would 
have to be made that 1.5 lbs NOX/MMBTU cannot be met before 
the limit is adjusted and an alternative final limit is set.
    Comment: The National Park Service was concerned that, although the 
proposed FIP requires the NOX reduction technologies for the 
straight-grate furnaces at Minorca Mine and Hibbing be designed to meet 
a limit of 1.2 lbs NOX/MMBTU, EPA is proposing to increase 
the final limit up to 1.8 lbs NOX/MMBTU if a rigorous 
demonstration is made that the 1.2 lbs NOX/MMBTU limit 
cannot be met. This represents a 50 percent increase above the expected 
emission rate and no justification is provided for such a large 
``safety margin.''
    Response: As discussed in the proposed rulemaking, EPA is confident 
that Minorca Mine and Hibbing can meet a limit of 1.2 lbs 
NOX/MMBTU based upon the engineering report prepared for 
ArcelorMittal that assesses the use of water and steam injection and 
pre-combustion technologies. However, because this suite of 
technologies has not previously been used on straight-grate kilns, some 
uncertainty remains regarding the potential effect on pellet quality. 
As a result, EPA has provided a procedure by which the final limits for 
Minorca Mine and Hibbing could be revised upwards to as much as 1.8 lbs 
NOX/MMBTU. It is important to note, however, that EPA has 
included rigorous requirements that must be met before any relaxing of 
the initial 1.2 lbs NOX/MMBTU limit would be allowed.
    Comment: The National Park Service stated that EPA has the 
authority to limit the sulfur content of the fuels already fired at 
United Taconite. The National Park Service understood that United 
Taconite has identified problems with the characteristics of the 0.6 
percent sulfur coal originally proposed by EPA and the compatibility of 
that coal with the United Taconite furnace. The National Park Service 
cited EPA's statement that it ``is also establishing a limitation on 
the coal to be used by requiring the coal have a sulfur content

[[Page 21676]]

no greater than 1.5 percent sulfur by weight based on a monthly block 
average.'' However, the National Park Service stated that it is aware 
of eastern bituminous coals that have much lower sulfur contents and 
requested that EPA evaluate the potential for combustion of such coals 
at United Taconite.
    Response: EPA disagrees with this comment. The primary 
SO2 emission limit for BART at United Taconite is the 529 
lbs SO2/hr aggregate limit on lines 1 and 2. This BART 
limit, which is based upon the use of low-sulfur fuels (a combination 
of natural gas and coal), will result in 1900 tons per year of 
SO2 reductions. In contrast, the 1.5 percent sulfur limit is 
an operational limit that EPA imposed after Cliffs requested an 
adjustment to its baseline emission rate to be used in evaluating 
potential BART controls. Under the BART guidelines, the baseline 
emission rate ordinarily should represent a realistic depiction of 
anticipated annual emissions for the source based upon actual emissions 
from a baseline period. See 40 CFR part 51, appendix Y. However, when 
future operating parameters, such as type of fuel, will differ from 
past practice, and if this projection has a deciding effect in the BART 
determination, then the operating parameter must be made into an 
enforceable limitation. Id. EPA imposed the original 0.60 percent 
sulfur limit on the coal burned at United Taconite to comply with this 
provision. However, Cliffs indicated in its petition for 
reconsideration that 0.60 percent sulfur coal posed several issues for 
its furnaces. As a result, the EPA proposed to increase the operational 
limit to 1.5 percent sulfur, but this change will not have an effect on 
emissions at United Taconite due to the 529 lbs SO2/hr 
limit. In essence, United Taconite will now be required to burn more 
natural gas and less coal (or all gas) to meet its BART limit than the 
facility would have under a 0.60 percent sulfur limit.
    Comment: The National Park Service stated that EPA was apparently 
proposing to use hourly emission rates measured by a CEMS to derive the 
UPL. The National Park Service questioned the appropriateness of basing 
the UPL on hourly values if EPA is setting a 30-day (or 720-hour) 
rolling average limit. The National Park Service was concerned that the 
use of hourly values would introduce excess variability into the 
calculation and could lead to a higher UPL.
    Response: When the UPL equation for normally distributed and 
statistically independent data is used, the average , standard 
deviation (s), and number of values (n) are based on the hourly data. 
The term number of values used to calculate the test average) is based 
on the compliance period, i.e., 720 for a 720-hour average and not 1. 
This results in a lower and more stringent UPL than if 1. However, when 
setting a 720-hour average emission limit using the nonparametric 
equation, the data set used would be the 720-hour averages rather than 
the raw hourly data.

C. Comments by the National Parks Conservation Association (NPCA)

1. NPCA Incorporated the Comments Submitted by the National Park 
Service
    Comment: NPCA restated the National Park Service comments as 
follows:

--SCR remains a feasible technical option for limiting NOX 
from taconite facilities. While two SCR vendors declined to bid on the 
NOX reduction testing at Minntac, this is an insufficient 
basis to reject SCR across the taconite industry. EPA should revisit 
this decision and evaluate various configurations of SCR that would 
serve to further reduce NOX emissions beyond the limits in 
the proposed settlement.
--EPA's proposed NOX limits for the gas/coal scenario at 
United Taconite and Tilden are improper because they are up to 87 
percent higher than the limits in the 2013 FIP.
--EPA's proposed NOX limits for Hibbing and Minorca Mine are 
improper because they are up to 50 percent higher than the limits in 
the 2013 FIP.
--EPA should require the use of an alternative low-sulfur coal at 
United Taconite.

    Response: EPA has responded in detail to these comments in 
responses to the comments by the National Park Service (see above).
    Comment: NPCA stated that the proposal specifies that increased 
limits are permissible where the industry makes a rigorous 
demonstration that lower limits cannot be met. NPCA requested that any 
such demonstration be made available to the public for review and 
comment.
    Response: EPA has provided an extremely detailed and objective 
step-by-step procedure for determining the final emission limits. The 
notice of proposed rulemaking provided 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 needed for determining 
control effectiveness, and to minimize the time then needed to 
establish final enforceable limits. The proposal encouraged commenters 
to comment on any issues that might be anticipated to arise at any 
point in the process described in the proposal, and NPCA has not 
identified any such issues.
2. NPCA Incorporated Its March 2, 2015 Comments Regarding the 
Settlement Agreement
    Comment: NPCA stated that the changes in emission limits between 
the 2013 FIP and the settlement agreement appear to significantly 
weaken the terms of the 2013 FIP because the emission limits are far 
less stringent. Although NPCA did not have the necessary level of 
detailed information to perform a precise comparison, NPCA's rough 
calculations indicated that the limitations in attachment A of the 
settlement agreement would allow for pollution at or above the actual 
baseline emissions from the taconite facilities, that is, they 
represent no reduction (or at a minimum, no significant reduction) in 
pollution.
    Response: As discussed in the five-step BART determinations in the 
proposal, there are significant emission reductions from the revised 
limits. There will be an estimated total of 3,000 tons per year of 
NOX reductions from Tilden and United Taconite, a total of 
7,400 tons per year of NOX reductions from Minorca Mine and 
Hibbing, 1,900 tons per year of SO2 reductions from United 
Taconite, and 300 tons of SO2 reductions from Tilden. The 
only NOX emission limits that are definitely less stringent 
than those in the 2013 FIP are the NOX emission limits for 
Tilden and United Taconite when burning solely natural gas. The final 
NOX emission limits for Hibbing and Minorca Mine, as well as 
Tilden and United Taconite when co-firing coal and natural gas, are 
expected to be the same as, or close to, the 2013 FIP limits. There may 
also be an increase in SO2 emissions from Tilden, but this 
should be a fairly small increase as Tilden will be solely burning 
natural gas and very low (0.6 percent) sulfur coal.
    Comment: NPCA argued that the timeframes for compliance are 
significantly longer than in the 2013 FIP.
    Response: The compliance schedule is generally similar to the FIP 
except that implementation has been delayed because of the court-
imposed stay. The main differences between the two schedules are that 
Tilden must install controls within 50 months (compared with 26 months 
in the 2013 FIP) and Minorca Mine must install controls

[[Page 21677]]

within 44 months (compared with 26 months in the 2013 FIP). The 
staggered compliance schedule, which includes additional time for 
Tilden and ArcelorMittal, is necessary because the NOX 
controls selected as BART have not been used on taconite furnaces in 
the United States. Such experience is necessary to ensure proper 
operation of these furnaces. The planned controls could adversely 
affect heat distribution throughout the furnace as well as pellet 
quality.
    Comment: NPCA stated that, in proposing the settlement, EPA offered 
no support to suggest why such a significant weakening of much needed 
and statutorily required limits was appropriate. NPCA was thus at a 
loss to comment on the rationale behind the changes.
    Response: As discussed in a prior response, EPA does not agree that 
there has been a significant weakening of the requirements for taconite 
facilities. EPA's basis for all changes was contained in the proposed 
FIP revision and its associated docket.
    Comment: NPCA stated that EPA must provide documentation of the 
reasons for the proposed changes in the form of publicly available 
information. EPA cannot rely strictly on confidential information, 
which does not allow the public to review and consider the changes 
proposed.
    Response: Publicly available information in support of the FIP is 
contained in the docket.
    Comment: NPCA stated that the settlement referenced ``equitable 
treatment of facilities not included in this settlement.'' This would 
appear to refer to the taconite facilities covered by the 2013 FIP but 
not included in the settlement. To the extent that this statement 
refers to the potential weakening of limits imposed at other facilities 
in the taconite FIP, the increase in pollution that appears in the 
settlement is all the more concerning.
    Response: EPA has not proposed to change the emission limits for 
other facilities covered by the 2013 FIP at this time.
    Comment: NPCA stated that the timeframe for compliance detailed in 
the settlement agreement was inappropriate. The CAA requires that 
controls required under BART be implemented within five years of the 
final rule. In this case, the rule was finalized in January 2013, so 
compliance with emission limits must be by January 2018.
    Response: We disagree with this comment. Section 169A(g)(4) of the 
CAA requires compliance with BART emission limits no later than five 
years after ``the date of promulgation of a . . . [FIP] revision.'' In 
this final rule, we are promulgating a revision to the 2013 FIP that 
includes new BART determinations based on new technologies. These BART 
determinations fully supersede the determinations that were made in the 
2013 FIP. The taconite facilities must comply with the new BART 
emission limits in a staggered schedule that we have determined is as 
expeditious as practicable. Full compliance at all facilities will be 
achieved no later than five years from the date of the promulgation of 
this FIP revision.

D. Comments by Cliffs Natural Resources

    Comment: Cliffs supported the proposed FIP, including the initial 
limits, the staggered compliance schedule, and the formula for setting 
final limits if the initial limits cannot be achieved without adverse 
impacts on pellet quality. However, Cliffs objected to EPA's statement 
in the proposed FIP preamble that ``there are no significant costs or 
environmental impacts'' associated with the selected BART technologies. 
Cliffs will be required to expend millions of dollars to design and 
implement changes to its furnaces. There are also costs associated with 
lost production during downtime and shakedown, as well as the potential 
for additional fuel consumption when the BART technologies are 
operational.
    Response: EPA acknowledges that there will be costs associated with 
the BART control technologies employed by Cliffs. EPA's full statement 
in the preamble was that ``there are no significant costs or 
environmental impacts associated with this technology that would 
necessitate its elimination from consideration as BART.'' EPA continues 
to believe that the costs, energy, and non-air quality impacts 
associated with the selected BART controls are reasonable.
    Comment: Cliffs stated that EPA's proposal included a new 
requirement to report CEMS and pellet quality data at the end of a 
period that did not fall within the preceding calendar quarter within 7 
days of the close of the period. Reporting this information within 7 
days is impracticable, as it does not provide the facility sufficient 
time to complete the appropriate laboratory analysis and quality 
assurance expected for the data. Cliffs acknowledged EPA's need to 
include a provision to address the timely reporting of data, but 
requested that the reporting obligation be changed from 7 days to 30 
days to allow for quality assurance checks.
    Response: Using United Taconite Line 2 as an example, the 
settlement agreement states that, 44 months from the effective date of 
the rule, Cliffs must provide results from pellet quality analyses no 
later than 30 days from the end of each calendar quarter until 52 
months from the effective date of the rule. No later than 55 months 
after the effective date of the rule, EPA will take final agency action 
by publishing the NOX limits in the Federal Register. 
Assuming that the effective date of the rule is June 15, 2016, then 52 
months from the effective date is October 15, 2020, and 55 months is 
January 15, 2021. The end of the quarter would be December 31, 2020, so 
under the settlement language, the pellet quality data from October 1 
through October 15, 2020, would not be due until January 30, 2021, 
which is too late to be considered in establishing the final emission 
limit. According to the language in the proposal, the pellet quality 
analyses would need to be submitted to EPA by October 22, 2020. 
Accepting Cliffs' suggested revision from 7 to 30 days would require 
the pellet quality analysis to be submitted to EPA by November 14, 
2020. EPA accepts Cliffs' basis for increasing the reporting 
requirement from 7 to 30 days and will make this revision in the final 
FIP because it will not significantly interfere with expeditiously 
setting the final limits.
    Comment: Cliffs stated that United Taconite's pellet quality 
reporting obligations in the proposed FIP mistakenly refer to 
``Tilden's ISO 9001 quality management system'' but should refer to 
``United Taconite's ISO 9001 quality management system.''
    Response: EPA acknowledges the error and has made the correction in 
the final FIP.

E. Comments by the Fond du Lac Band of Lake Superior Chippewa

    Comment: The Band urged a fair, scientifically sound, and feasible 
process for all stakeholders, including affected and surrounding 
communities. The taconite industry should not be allowed to dictate its 
own compliance schedule or prolong compliance with Federal laws and 
regulations.
    Response: EPA agrees with this comment and has implemented a 
process to establish final BART limits based upon the most current, 
relevant, and scientifically sound information available. The taconite 
plant owners were in a unique position to acquire and provide the 
needed scientific information and understandably had motivation to do 
so. However, they are not dictating their own compliance schedule.

[[Page 21678]]

    Comment: The Band argued that the emission limits in the 2013 FIP 
are more reasonable in terms of protecting visibility than the limits 
proposed in the revised FIP.
    Response: While we acknowledge that a few of the emission limits in 
the 2013 FIP were more stringent than the limits in our proposed FIP 
revision, and were thus more protective of visibility, we disagree that 
the original limits were more reasonable. For the reasons explained in 
our proposal, new information provided by the taconite companies shows 
that the technology on which the 2013 FIP limits were based, high-
stoichiometric LNBs, would adversely affect pellet quality. As a 
result, we proposed new BART determinations based on new technologies. 
These technologies will still result in significant emission 
reductions, improving visibility in the Class I areas in Minnesota and 
Michigan.
    Comment: The Band stated that the compliance schedule in the 2013 
FIP was more reasonable from a health protection standpoint. The Band 
stated that it preferred the 2013 FIP schedule over the longer 
compliance schedule in the proposed FIP revision. Alternatively, a 
compromise schedule between the original schedule and the proposed 
schedule would be acceptable.
    Response: Please see our response to a similar comment from NPCA.
    Comment: The Band stated that Eastern bituminous coals are 
available that could meet both the requirements for a low-sulfur coal 
(0.66%) and a very high heating value (US DOE, NETL, Detailed Coal 
Specifications, Quality Guidelines for Energy System Studies, Final 
Report, DOE/NETL-401/012111, January 2012, page 31).
    Response: Please see our response to a similar comment from the 
Forest Service.
    Comment: The Band stated that SCR is considered the best available 
retrofit technology that has been used at other coal facilities and 
could feasibly reduce NOX emissions for taconite furnaces. 
The Band agreed with the National Park Service that the use of tail-end 
SCR with steam reheat should be evaluated for BART.
    Response: Please see our response to a similar comment from the 
National Park Service.
    Comment: The Band noted that EPA proposed to set limits for United 
Taconite and Tilden of 3.0 lbs NOX/MMBTU when burning 
natural gas and 2.5 lbs NOX/MMBTU when burning a gas/coal 
mix if the presumptive limits of 2.8 lbs NOX/MMBTU and 1.5 
lbs NOX/MMBTU, respectively, cannot be met. The Band noted 
that a limit of 2.5 lbs NOX/MMBTU (gas coal mix) is 67 
percent higher than the predicted emission rate of 1.5 lbs 
NOX/MMBTU. The Band acknowledged that some uncertainty is 
involved in developing the use of a new control technology, but argued 
that this range of emission limits is too large.
    Response: Please see our response to a similar comment from the 
National Park Service.
    Comment: The Band stated that EPA recently implemented a national 
policy on Environmental Justice for Working with Federally Recognized 
Tribes and Indigenous Peoples. EPA must uphold its duties to protect 
the interests of tribes and their treaty rights and explain how the 
proposed FIP complies with EPA's existing guidance and policies with 
Federally Recognized Tribes and Indigenous Peoples.
    Response: The U.S. Constitution defines treaties as part of the 
supreme law of the land with the same legal force as Federal statutes. 
Treaties are to be interpreted in accordance with the Federal Indian 
canons of construction, a set of long-standing principles developed by 
courts to guide the interpretation of treaties between the U.S. 
government and Indian tribes. As the Supreme Court has explained, 
treaties should be construed liberally in favor of tribes, giving 
effect to the treaty terms as tribes would have understood them, with 
ambiguous provisions interpreted for their benefit. Only Congress may 
abrogate Indian treaty rights, and courts will not find that abrogation 
has occurred absent clear evidence of congressional intent.
    EPA has committed to consider all relevant information obtained 
during tribal consultation to help ensure that EPA's actions do not 
conflict with treaty rights, to help ensure that EPA is fully informed 
when it seeks to implement its programs, and to further protect treaty 
rights and resources when it has discretion to do so. We have done so 
in this action. EPA consulted and coordinated with tribal officials and 
provided information on both the 2012 FIP proposal and the current 
taconite FIP proposal early in the process of developing this 
regulation in order to allow tribal governments to have meaningful and 
timely input. EPA provided information to tribes on the rationale for 
proposing this regulation in the absence of the states submitting 
plans, the potential health and environmental impacts associated with 
these facilities, and the emissions reductions to be gained from 
implementing this regulation. EPA also took into consideration the 
concerns and needs identified by tribal governments during this 
process. These consultation and education and outreach efforts began in 
August 2012 and continue through the present utilizing forums such as 
monthly tribe-EPA conference calls, presentations during annual 
meetings and conferences, and one-to-one discussions with EPA subject 
matter experts as requested.
    EPA's revision of the FIP is expected to have significant 
environmental benefits relative to the SIPs submitted by Michigan and 
Minnesota. On-and off-reservation trust resources held by Minnesota 
tribes (and other tribes), as recognized in treaties and in Minnesota 
v. Mille Lacs Band, 526 U.S. 172 (1999), among other authorities, will 
be protected to a greater extent by the controls required in the 
amended FIP.

F. Comments by ArcelorMittal

    Comment: ArcelorMittal cited to the preamble to the proposed FIP 
revision, which states that ``there are no significant costs or 
environmental impacts'' associated with the BART determinations for 
Hibbing and Minorca. However, in actuality, the changes necessary to 
meet the proposed emission limits will not be without costs and 
environmental impacts. ArcelorMittal will be required to expend 
millions of dollars to design and implement changes to its straight-
grate furnaces. It will also incur substantial costs associated with 
lost production during downtime and shakedown when these technologies 
are installed. Once operational, fuel penalties are expected which will 
result in increased cost.
    Response: EPA acknowledges that there will be costs associated with 
the BART control technologies employed by ArcelorMittal. EPA's full 
statement in the preamble was that ``there are no significant costs or 
environmental impacts associated with this technology that would 
necessitate its elimination from consideration as BART.'' EPA continues 
to believe that the costs, energy, and non-air quality impacts 
associated with the selected BART controls are reasonable.

G. Comments by United States Steel

    U.S. Steel submitted the following comments to ensure that EPA's 
approach to amending the original FIP is applied evenly and fairly and 
results in a consistent approach to BART for the taconite industry.
    Comment: U.S. Steel agreed with EPA's decision to develop a case-
by-case approach to BART for indurating furnaces and the Agency's 
proposed approach to determining BART for each

[[Page 21679]]

individual affected unit, based upon that unit's design and unit-
specific characteristics.
    Response: EPA appreciates U.S. Steel's support.
    Comment: U.S. Steel stated that a similar approach will be 
necessary for U.S. Steel's Minntac and Keetac furnaces.
    Response: This comment is outside the scope of this rulemaking.
    Comment: U.S. Steel stated that EPA should consider delaying 
finalization of the proposed FIP revision until EPA is prepared to 
promulgate similar amendments for all furnaces in the taconite 
industry.
    Response: EPA is bound by a settlement agreement to finalize the 
proposed FIP revision by March 18, 2016. Furthermore, there have 
already considerable delays in the implementation of BART for taconite 
indurating furnaces.
    Comment: U.S. Steel stated that if EPA does not delay finalization 
of the proposed FIP revision, EPA should continue the stay of effective 
dates in the original 2013 FIP pending completion of a similar FIP 
amendment for U.S. Steel's Minntac and Keetac facilities.
    Response: This comment is outside the scope of this rulemaking.
    Comment: U.S. Steel stated that EPA should clarify that U.S. Steel 
is part owner of Hibbing taconite.
    Response: EPA acknowledges that U.S. Steel is a part owner of the 
Hibbing facility.
    Comment: U.S. Steel identified four points made by EPA with which 
U.S. Steel disagrees and could not find substantiating information in 
the docket. These points are: (1) The smaller preheat burners at 
Minntac achieve very low NOX emissions rates (0.1-0.3 lbs 
NOX/MMBTU) due to a more favorable NOX reduction 
combustion environment in the preheat zone as compared to the firing 
end of the kiln; (2) ported kilns significantly change the heat balance 
of the furnace; (3) differences in the magnetite content of the ore 
body used by Minntac and United Taconite are significant; and 4) high-
stoichiometric LNBs will require more fuel and result in higher 
NOX emissions.
    Response: The basis for the above points questioned by U.S. Steel 
is presented in the proposed FIP at 80 FR 64163, which is in turn based 
upon the November 26, 2013 declaration by Eric Wagner, the Manager of 
Process Engineering for Metso Minerals Pyro Division, a ``global expert 
in the design of iron ore pelletizing furnaces.'' This declaration is 
attached to Cliffs' November 26, 2013 Petition for Administrative 
Reconsideration of the Partial Disapproval of Air Quality 
Implementation Plans for Regional Haze for the States of Michigan and 
Minnesota. Although a hard copy of this document was included in EPA's 
Regional docket, and available for inspection at EPA's Region 5 office, 
EPA mistakenly did not include this Petition for Reconsideration in the 
electronic docket for this rule until after the comment period had 
closed. U.S. Steel's comment questions the basis for several of Eric 
Wagner's statements regarding factors affecting indurating furnace 
operation and NOX emissions. We do not believe this omission 
was material, however, because U.S. Steel is seeking information, not 
challenging or suggesting revisions to the proposal.
    Comment: U.S. Steel stated that EPA should reconsider the partial 
disapproval of Minnesota's SIP.
    Response: This comment is outside the scope of this rulemaking.
    Comment: U.S. Steel stated that, for each of the affected 
facilities, there is a schedule prescribed for installation of the 
technology and period to collect data to confirm or adjust the limit 
based upon the data. The period allows for eight months of data 
collection. If an affected facility elects to install the technology 
earlier than prescribed by rule, the facility should have the ability 
to utilize a more robust data set greater than the eight months 
specified. Due to seasonal variations, a facility should have the 
ability to use at a minimum 12 months of data if the installation of 
technology occurs prior to the compliance date.
    Response: This notice is intended to capture the details agreed 
upon by EPA, Cliffs and ArcelorMittal in a settlement agreement. This 
comment comes from a commenter who was not party to the settlement 
agreement. The detailed compliance schedules contained in the proposed 
FIP are based upon the settlement terms agreed to by Cliffs and 
ArcelorMittal, who operate all of the taconite furnaces subject to this 
FIP. The eight month testing period that was originally proposed was 
considered by them to be of sufficient duration to evaluate the 
performance of their control systems and their effect on pellet 
quality. There is therefore no benefit to extending the testing period 
when such an extension is not necessary. The requirements of BART, and 
not the compliance schedule in this rule, establish the most 
appropriate compliance schedule to be followed by any other taconite 
facility.
    Comment: U.S. Steel supported the provision allowing Tilden to 
exclude emissions data during a natural gas curtailment that is beyond 
a facility's control. These events are typically infrequent, unplanned, 
and may cause the facility to operate in a manner that is not typical.
    Response: EPA appreciates U.S. Steel's support for the provision 
stating that the SO2 limit for Tilden's grate kiln does not 
apply during a natural gas curtailment.

IV. Revision to Equation for Normally Distributed but Not Statistically 
Independent Data

    The proposal describes the process for establishing final emission 
limits to which the identified facilities shall become subject. As 
discussed in the proposal, the final limit must be based on the 95 
percent upper predictive limit (UPL) using CEMS data compiled over an 
eight-month testing period. 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. In this case, the UPL will be the emission rate that the 
taconite facilities are predicted to be below during 95 out of 100 720-
hour averaging periods. The UPL will be based on data obtained during 
an eight-month testing period during which Cliffs and ArcelorMittal are 
primarily focused on operating the controls in a manner that does not 
adversely affect pellet quality, with a wide variability in emissions 
expected. The UPL must be calculated using an equation based on the 
average and variance of a data set, the distribution of the data, the 
quantity of data points, and the compliance period (e.g., a 720-hour 
compliance period).
    The settlement agreement and proposed FIP specified three equations 
for determining the UPL depending upon whether the data are normally 
distributed and, if so, whether the data are statistically independent 
or not statistically independent. In the proposal (the equation numbers 
have been changed in the final), Equation 1 applied to normally 
distributed, statistically independent data sets; Equation 3 applied to 
normally distributed, but not statistically independent data sets; and 
Equation 4, the non-parametric UPL equation, applied to data sets that 
do not conform to a specific distribution. EPA's statistical guidance 
for environmental applications, the ProUCL User Guide,

[[Page 21680]]

includes UPL equations for different types of distributions, as well as 
a non-parametric equation for data sets that do not conform to a 
specific distribution. The guidance does not, however, include an 
equation for normally distributed, but not statistically independent 
(that is, highly correlated) data. Because Cliffs and ArcelorMittal 
were concerned about this latter category of data, we proposed what was 
purported to be an appropriate equation for normally distributed, but 
not statistically independent data (Equation 3). We subsequently found 
that Equation 3 is not valid for large data sets, which is what will 
result from eight months of hourly data. When we applied Equation 3 to 
a large data set, the resulting UPL was higher than the highest 720-
hour average, a nonsensical and mathematically unreasonable result. We 
are therefore eliminating Equation 3 from the final FIP. Instead, we 
are requiring use of the fall back non-parametric equation (Equation 4) 
for data that are normally distributed, but not statistically 
independent.
    We are finalizing the non-parametric equation contained in the 
proposal with a clarification regarding the appropriate data set to be 
used. As stated above, the UPL equations are used to determine emission 
limits. To correctly calculate the UPL using the non-parametric 
equation, the data that is ranked from smallest to highest must be in 
the same form as the emission limit. The final emission limits are 
expressed in terms of 720-hour averages, so the ranked data set used in 
the non-parametric equation must be a set of 720-hour averages as well. 
Using data sets based upon an averaging time inconsistent with the form 
of the emission limit would be an improper use of the equation. For 
instance, calculating the 95 percent non-parametric limit using a data 
set of ranked one-hour values would establish the emission rate (based 
upon a one-hour average) that the source would be predicted to be below 
during 95 out of 100 one-hour averaging periods, i.e., an emission 
limit based on hourly compliance. The resulting emission limit would be 
improper if compliance is to be based upon a 720-hour average. Based 
upon our evaluation of existing data sets, using the 95th percentile of 
the one-hour values to establish a 720-hour average emission limit 
would result in a limit that is higher than the highest 720-hour 
average in the data sets, which is clearly inconsistent with the 
purpose of a 95 percent UPL.
    To reiterate, the purpose of a 95 percent UPL is to establish an 
emission rate that a source is predicted to be below during 95 out of 
100 averaging periods. Importantly, however, this does not mean that 
the source would be expected to exceed its emission limit five percent 
of the time once the limit is in place. During the eight-month testing 
period, Cliffs and ArcelorMittal will operate their furnaces and the 
new control technologies in a manner that will not interfere with 
pellet quality. The furnace operators will be adjusting numerous 
variables to optimize control technology performance, which will result 
in higher emissions at times. These periods of higher emissions will 
factor into the UPL calculation. Once the eight-month testing period is 
over, however, the operators will have gained sufficient experience to 
run the furnaces and control technologies with fewer adjustments, 
meaning less emission variations and lower emissions overall. Using the 
95 percent UPL ensures that the final emission limits will be 
consistent with the actual emission reduction capabilities of the BART 
controls, as required by 40 CFR 51.301, which defines BART as ``the 
degree of reduction achievable.'' We also note that the 720-hour 
averaging period for the final emission limits will provide 
considerable flexibility for the sources. The operators will be able to 
continually review CEMS data on an hourly basis and make any necessary 
adjustments over the remaining 719 hours to ensure compliance.

V. What action is EPA taking?

    For the reasons stated in the proposed FIP revision and the 
response to comments, EPA is finalizing the new BART emission limits 
and related requirements for taconite furnaces as proposed, with two 
exceptions. First, EPA is revising the requirement to report CEMS and 
pellet quality data at the end of a period that did not fall within the 
preceding calendar quarter from within 7 days of the close of the 
period to within 30 days of the close of the period. This revision will 
allow the facilities sufficient time to complete the appropriate 
laboratory analyses and quality assurance for the data and will not 
significantly interfere with expeditiously setting the final limits. 
Second, EPA is replacing the incorrect equation for normally 
distributed but not statistically independent data with the non-
parametric UPL equation, which is consistent with EPA guidance. A 
summary of our final decision is included in the table below.

                            Summary of Final Emission Limits and Compliance Schedules
----------------------------------------------------------------------------------------------------------------
                                          Compliance     NOX limit for   NOX limit for
                Source                     schedule      gas/coal mix   gas only (lbs/       SO[ihel2] limit
                                           (months)       (lbs/MMBtu)       MMBtu)
----------------------------------------------------------------------------------------------------------------
Tilden................................              60         1.5-2.5         2.8-3.0  500 lbs/hr and 0.6%S.
Hibbing 1.............................              37  ..............         1.2-1.8  ........................
Hibbing 2.............................              55  ..............         1.2-1.8  ........................
Hibbing 3.............................              60  ..............         1.2-1.8  ........................
UTAC 1................................              37         1.5-2.5         2.8-3.0  529 lbs/hr (combined
                                                                                         L1&2) and 1.5%S.
UTAC 2................................              55         1.5-2.5         2.8-3.0  529 lbs/hr (combined
                                                                                         L1&2) and 1.5%S.
Minorca Mine..........................              55  ..............         1.2-1.8  ........................
----------------------------------------------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it is a rule of particular applicability and only 
affects four facilities.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. Because the FIP applies to just four facilities, the Paperwork 
Reduction Act does not apply. See 5 CFR 1320.3(c).

[[Page 21681]]

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. EPA's rule adds additional controls to 
certain sources. The Regional Haze FIP revisions that EPA is 
promulgating here would impose 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 requiring emission controls 
on the indurating furnaces at four taconite furnaces and none of these 
sources are owned by small entities, and therefore are not small 
entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

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

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

    This action does not have tribal implications as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments. Thus, Executive Order 13175 does not apply to this 
rule. However, EPA did discuss this action on a number of occasions, 
including a June 28, 2015, conference call with the Michigan and 
Minnesota tribes.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because EPA does not believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children. 
However, to the extent this rule will limit emissions of NOX 
and SO2, 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, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    EPA believes the human health or environmental risk addressed by 
this action will not have potential disproportionately high and adverse 
human health or environmental effects on minority, low-income or 
indigenous populations. We have determined that this rule 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.

K. Congressional Review Act (CRA)

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

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 13, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

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, 
Regional haze, Volatile organic compounds.

    Dated: March 18, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, 40 CFR chapter I is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. Section 52.1183 is amended by revising paragraphs (k), (l), (m), and 
(n) and adding paragraph (p) 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 May 12, 2016 and only after EPA's 
confirmation or modification of the emission limit in accordance with 
the procedures set forth in paragraphs (k)(1)(ii) through (viii) of 
this section.
    (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 May 12, 2016 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 May 12, 2016, that does not 
fall within a calendar quarter, must be submitted to EPA no later than 
30 days from the end of the 57th month. Although CEMS data must 
continue to be collected, it does

[[Page 21682]]

not need to be submitted to EPA starting 57 months after May 12, 2016.
    (iii) No later than 48 months from May 12, 2016, 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 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 May 12, 2016.
    (v) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology or 50 months from 
May 12, 2016, 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 May 12, 2016. 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 30 
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 May 12, 2016, 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 
(p) 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 (p) 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 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 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 May 12, 2016. 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 May 12, 2016.
    (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 May 12, 2016. 
Compliance with these emission limits 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 May 12, 2016 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 six months after May 12, 2016, 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 12 
continuous months of CEMS emissions data and submit such limit, 
calculations, and CEMS data to EPA no later than 36 months after May 
12, 2016. If the submitted CEMS SO2 hourly data are normally 
distributed, the SO2 lbs/hr emission rate shall be

[[Page 21683]]

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 are not normally 
distributed, the SO2 lbs/hr emission rate shall be based on 
the non-parametric equation provided in paragraph (p) of this section. 
Compliance with 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 May 12, 2016. EPA may adjust the 500 lbs SO2/hr limit 
downward to reflect the calculated SO2 emission rate; 
however, EPA will not increase the SO2 limit above 500 lbs 
SO2/hr.
    (4) Starting 26 months from May 12, 2016, 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 May 12, 2016, 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 section 
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 May 12, 2016. All CEMS 
associated with monitoring SO2 must be installed and 
operational no later than six months after May 12, 2016. 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 15-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

[[Page 21684]]

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 
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 
five years following the date of creation.
    (iii) Records must be kept on site for at least two years following 
the date of creation and may be kept offsite, but readily accessible, 
for the remaining three 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 paragraphs (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.

[[Page 21685]]

    (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 
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, and 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 (n)(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 3-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) 
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.

[[Page 21686]]

    (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 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 paragraph (n)(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 in paragraph (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 
paragraphs (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) 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

[[Page 21687]]

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 are 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 show 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.
    (p) Equations for establishing the upper predictive limit--(1) 
Equation for normal distribution and statistically independent data.
[GRAPHIC] [TIFF OMITTED] TR12AP16.000


Where:

x = average or mean of hourly 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 hourly data set;
n = number of values (e.g. 5,760 if 8 months of valid lbs 
NOX/MMBTU hourly values)
m = number of values used to calculate the test average (m = 720 as 
per averaging time)

    (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] TR12AP16.001


[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)

    (iii) The Anderson-Darling normality test is used to establish 
whether the data are normally distributed. That is, a distribution is 
considered to be normally distributed when p > 0.05.
    (2) Non-parametric equation for data not normally distributed and 
normally distributed but not statistically independent.

m = (n + 1) * [alpha]

m = the rank of the ordered data point, when data are sorted 
smallest to largest. The data points are 720-hour averages for 
establishing NOX limits.
n = number of data points (e.g., 5040 720-hourly averages for eight 
months of valid NOX lbs/MMBTU values)
[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 m\th\ data point in terms of lbs SO2/hr 
or lbs NOX/MMBTU, when the data are 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[middot]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 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.

* * * * *
    (b)
    (1) * * *
    (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 May 12, 2016 and 
only after EPA's confirmation or modification of the emission limit in 
accordance with the procedures set forth in paragraphs (b)(1)(ii)(A)(2) 
through (7) of this section.
    (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 May 
12, 2016. 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 May 12, 2016, that does not fall 
within a calendar quarter, must be submitted to EPA no later than 30 
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 May 12, 2016.
    (3) No later than 24 months after May 12, 2016 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 May 
12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology; or 26 months from 
May 12, 2016, 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 May 12, 2016. Any 
remaining results through the end of the 34th month from May 12, 2016, 
that do not fall within a calendar quarter, must be submitted to EPA no 
later than 30 days from the end of the 34th month. The

[[Page 21688]]

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 May 12, 2016, 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 May 12, 2016. 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 May 12, 2016 and only after EPA's 
confirmation or modification of the emission limit in accordance with 
the procedures set forth in paragraphs (b)(1)(ii)(B)(2) through (7) of 
this section.
    (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 May 
12, 2016. 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 May 12, 2016, that does not fall 
within a calendar quarter, must be submitted to EPA no later than 30 
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 May 12, 2016.
    (3) No later than 42 months after May 12, 2016 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.
    (4) The NOX reduction control technology shall be 
installed on Hibbing Line 2 furnace no later than 44 months after May 
12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology; or 44 months from 
May 12, 2016, 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 May 12, 2016. Any 
remaining results through the end of the 52nd month from May 12, 2016, 
that do not fall within a calendar quarter, must be submitted to EPA no 
later than 30 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 May 12, 2016, 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

[[Page 21689]]

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 May 12, 2016. 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 May 12, 2016 and only after EPA's 
confirmation or modification of the emission limit in accordance with 
the procedures set forth in paragraphs (b)(1)(ii)(C)(2) through (7) of 
this section.
    (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 May 
12, 2016. 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 May 12, 2016, that does not fall 
within a calendar quarter, must be submitted to EPA no later than 30 
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 May 12, 2016.
    (3) No later than 48 months after May 12, 2016 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 May 
12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology; or 50 months from 
May 12, 2016, 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 May 12, 2016. Any 
remaining results through the end of the 57th month from May 12, 2016, 
that do not fall within a calendar quarter, must be submitted to EPA no 
later than 30 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 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 May 12, 2016, 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

[[Page 21690]]

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 May 12, 2016. 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 May 
12, 2016 and only after EPA's confirmation or modification of the 
emission limit in accordance with the procedures set forth in 
paragraphs (b)(1)(iv)(A)(2) through (8) of this section.
    (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 on May 12, 2016 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 May 12, 2016, that does not 
fall within a calendar quarter, must be submitted to EPA no later than 
30 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 May 12, 2016.
    (3) No later than 24 months from May 12, 2016, 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 May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology or 26 months from 
May 12, 2016, 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 May 12, 2016. 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 30 
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 United Taconite'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 May 12, 2016, 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 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 
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 May 12, 2016. 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

[[Page 21691]]

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 May 12, 2016.
    (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 May 12, 2016 and only 
after EPA's confirmation or modification of the emission limit in 
accordance with the procedures set forth in paragraphs (b)(1)(iv)(B)(2) 
through (8) of this section.
    (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 on May 12, 2016 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 May 12, 2016, that does not 
fall within a calendar quarter, must be submitted to EPA no later than 
30 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 May 12, 2016.
    (3) No later than 42 months from May 12, 2016, 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 May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology or 44 months from 
May 12, 2016, 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 May 12, 2016. 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 30 
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 United Taconite'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 May 12, 2016, 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 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 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 
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 May 12, 2016. 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 May 12, 2016.
    (v) ArcelorMittal USA--(A) ArcelorMittal Minorca Mine. (1) 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

[[Page 21692]]

May 12, 2016 and only after EPA's confirmation or modification of the 
emission limit in accordance with the procedures set forth in 
paragraphs (b)(1)(v)(A)(2) through (7) of this section.
    (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 the ArcelorMittal Minorca Mine 
indurating furnace must install a CEMS for NOX and 
SO2 within six months from May 12, 2016. 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 May 12, 2016, that does not fall within a calendar quarter, 
must be submitted to EPA no later than 30 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 May 12, 2016.
    (3) No later than 42 months after May 12, 2016 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.
    (4) The NOX reduction control technology shall be 
installed on the ArcelorMittal Minorca Mine indurating furnace no later 
than 44 months after May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology; or 44 months from 
May 12, 2016, 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 May 12, 2016. Any 
remaining results through the end of the 52nd month from May 12, 2016, 
that do not fall within a calendar quarter, must be submitted to EPA no 
later than 30 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.
    (6) No later than 52 months after May 12, 2016, 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/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)(A)(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.
    (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 May 12, 2016. 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.
    (B) [Reserved]
* * * * *
    (2) * * *
    (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 May 12, 2016. 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 May 12, 2016 and submit the data to EPA no 
later than 30 days from the end of each calendar quarter. Beginning six 
months after May 12, 2016, 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

[[Page 21693]]

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) 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) 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 May 12, 2016.
    (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 May 12, 2016.
    (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 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 15-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) 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.

[[Page 21694]]

    (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 
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 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) through (C).
    (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 
five years following the date of creation.
    (iii) Records must be kept on site for at least two years following 
the date of creation and may be kept offsite, but readily accessible, 
for the remaining three years.
    (2) The owner or operator of the BART affected units must maintain 
the records at paragraphs (d)(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 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, 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) 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 installation of burners required by this

[[Page 21695]]

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) 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 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 
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.

[[Page 21696]]

    (x) A table summarizing the total duration of excess emissions, as 
defined at paragraphs (e)(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 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 rule, if a facility calculates a 30-day 
rolling average emission rate in accordance with this rule which 
exceeds the applicable emission standards of this rule, 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 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 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 rule 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 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

[[Page 21697]]

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 are 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 show 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] TR12AP16.002


Where:

x = average or mean of hourly 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 hourly data set;
n = number of values (e.g. 5,760 if 8 months of valid lbs 
NOX/MMBTU hourly values)
m = number of values used to calculate the test average (m = 720 as 
per averaging time)

    (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] TR12AP16.003


[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)

    (iii) The Anderson-Darling normality test is used to establish 
whether the data are normally distributed. That is, a distribution is 
considered to be normally distributed when p > 0.05.
    (2) Non-parametric equation for data not normally distributed and 
normally distributed but not statistically independent.

m = (n + 1) * [alpha]

m = the rank of the ordered data point, when data are sorted 
smallest to largest. The data points are 720-hour averages for 
establishing NOX limits.
n = number of data points (e.g., 5040 720-hourly averages for eight 
months of valid NOX lbs/MMBTU values)
[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 are 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[middot]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

[FR Doc. 2016-07818 Filed 4-11-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                                        Vol. 81                           Tuesday,
                                                                                                        No. 70                            April 12, 2016




                                                                                                        Part II


                                                                                                        Environmental Protection Agency
                                                                                                        40 CFR Part 52
                                                                                                        Air Plan Approval; Minnesota and Michigan; Revision to 2013 Taconite
                                                                                                        Federal Implementation Plan Establishing BART for Taconite Plants; Final
                                                                                                        Rule
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                                             VerDate Sep<11>2014   17:44 Apr 11, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4717   Sfmt 4717   E:\FR\FM\12APR2.SGM   12APR2


                                                  21672               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                  ENVIRONMENTAL PROTECTION                                Engineer, Attainment Planning &                         • The initials PRB mean or refer to
                                                  AGENCY                                                  Maintenance Section, Air Programs                     the Powder River Basin.
                                                                                                          Branch (AR–18J), U.S. Environmental                     • The initials RHR mean or refer to
                                                  40 CFR Part 52                                          Protection Agency, Region 5, 77 West                  the EPA’s Regional Haze Rule.
                                                                                                          Jackson Boulevard, Chicago, Illinois                    • The initials RMB mean or refer to
                                                  [EPA–R05–OAR–2015–0196; FRL–9944–22–
                                                                                                          60604, (312) 886–6052,                                RMB Consulting and Research.
                                                  Region 5]
                                                                                                          rosenthal.steven@epa.gov.                               • The initials SCR mean or refer to
                                                  Air Plan Approval; Minnesota and                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                                Selective Catalytic Reduction.
                                                  Michigan; Revision to 2013 Taconite                                                                             • The initials SIP mean or refer to
                                                                                                          Throughout this document whenever
                                                  Federal Implementation Plan                                                                                   State Implementation Plan.
                                                                                                          ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             • The initials SO2 mean or refer to
                                                  Establishing BART for Taconite Plants                   EPA. This section is arranged as follows:             sulfur dioxide.
                                                  AGENCY:  Environmental Protection                       I. Definitions                                          • The initials UPL mean or refer to
                                                  Agency (EPA).                                           II. Background Information                            Upper Prediction Limit.
                                                                                                          III. Comments and Responses
                                                  ACTION: Final rule.                                     IV. Revision to Equation for Normally                 II. Background Information
                                                                                                                Distributed but not Statistically               A. Requirements of the Clean Air Act
                                                  SUMMARY:    The Environmental Protection                      Independent Data
                                                  Agency (EPA) is finalizing a revision to                V. What action is EPA taking?
                                                                                                                                                                and EPA’s Regional Haze Rule
                                                  the Federal implementation plan (FIP)                   VI. Statutory and Executive Order Reviews                In section 169A of the 1977
                                                  addressing the requirement for best                                                                           Amendments to the CAA, Congress
                                                  available retrofit technology (BART) for                I. Definitions
                                                                                                                                                                created a program for protecting
                                                  taconite plants in Minnesota and                           For the purpose of this document, we               visibility in the nation’s national parks
                                                  Michigan. In response to petitions for                  are giving meaning to certain words or                and wilderness areas. This section of the
                                                  reconsideration, we are revising the                    initials as follows:                                  CAA establishes as a national goal the
                                                  nitrogen oxides (NOX) limits for taconite                  • The initials BACT mean or refer to               ‘‘prevention of any future, and the
                                                  furnaces at facilities owned and                        Best Available Control Technology.                    remedying of any existing, impairment
                                                  operated by Cliffs Natural Resources                       • The initials BART mean or refer to               of visibility in mandatory Class I
                                                  (Cliffs) and ArcelorMittal USA LLC                      Best Available Retrofit Technology.                   Federal areas 1 which impairment
                                                  (ArcelorMittal). Cliffs owns and                           • The initials CAA mean or refer to                results from manmade air pollution.’’
                                                  operates Tilden Mining and United                       the Clean Air Act.                                    Congress added section 169B to the
                                                  Taconite. Hibbing is owned by Cliffs,                      • The initials CBI mean or refer to                CAA in 1990 to address regional haze
                                                  ArcelorMittal and U.S. Steel and                        Confidential Business Information.                    issues. EPA promulgated a rule to
                                                  operated by Cliffs. ArcelorMittal is                       • The initials CEMS means or refers
                                                                                                                                                                address regional haze on July 1, 1999.
                                                  owner and operator of Minorca Mine.                     to continuous emission monitoring
                                                                                                                                                                64 FR 35714 (July 1, 1999), codified at
                                                  We are also revising the sulfur dioxide                 system.
                                                                                                                                                                40 CFR part 51, subpart P (herein after
                                                                                                             • The initials CFD mean or refer to
                                                  (SO2) requirements at two of Cliffs’                                                                          referred to as the ‘‘Regional Haze Rule’’).
                                                                                                          computational fluid dynamic.
                                                  facilities. We are making these changes                    • The words EPA, we, us, or our                    The RHR revised the existing visibility
                                                  because new information has come to                     mean or refer to the United States                    regulations to add provisions addressing
                                                  light that was not available when we                    Environmental Protection Agency.                      regional haze impairment and
                                                  originally promulgated the FIP on                          • The initials FIP mean or refer to                established a comprehensive visibility
                                                  February 6, 2013.                                       Federal Implementation Plan.                          protection program for Class I areas. The
                                                  DATES: This final rule is effective on                     • The initials LNB mean or refer to                requirements for regional haze, found at
                                                  May 12, 2016.                                           low-NOX burners.                                      40 CFR 51.308 and 51.309, are included
                                                  ADDRESSES: EPA has established a                           • The initials MACT mean or refer to               in EPA’s visibility protection
                                                  docket for this action under Docket ID                  Maximum Achievable Control                            regulations at 40 CFR 51.300–309.
                                                  No. EPA–R05–OAR–2015–0196. All                          Technology.                                           B. Best Available Retrofit Technology
                                                  documents in the docket are listed in                      • The initials MCEA means or refers                (BART)
                                                  the www.regulations.gov index.                          to the Minnesota Center for
                                                                                                          Environmental Advocacy.                                 Section 169A of the CAA directs
                                                  Although listed in the index, some                                                                            states, or EPA if developing a FIP, to
                                                  information is not publicly available,                     • The initials MMBtu mean or refer to
                                                  e.g., CBI or other information whose                    million British thermal units.
                                                  disclosure is restricted by statute.                       • The initials MW mean or refer to                    1 Areas designated as mandatory Class I Federal

                                                                                                                                                                areas consist of national parks exceeding 6000
                                                  Certain other material, such as                         megawatts.                                            acres, wilderness areas and national memorial parks
                                                                                                             • The initials NAAQS mean or refer                 exceeding 5000 acres, and all international parks
                                                  copyrighted material, will be publicly
                                                                                                          to National Ambient Air Quality                       that were in existence on August 7, 1977. 42 U.S.C.
                                                  available only in hard copy. Publicly                                                                         7472(a). In accordance with section 169A of the
                                                                                                          Standards.
                                                  available docket materials are available
                                                                                                             • The initials NESHAP mean or refer                CAA, EPA, in consultation with the Department of
                                                  either in www.regulations.gov or at the                                                                       Interior, promulgated a list of 156 areas where
                                                                                                          to National Emission Standards for                    visibility is identified as an important value. 44 FR
                                                  Environmental Protection Agency,
                                                                                                          Hazardous Air Pollutants.                             69122 (November 30, 1979). The extent of a
                                                  Region 5, Air and Radiation Division, 77                   • The initials NSPS mean or refer to               mandatory Class I area includes subsequent changes
                                                  West Jackson Boulevard, Chicago,                        Standards of Performance for New                      in boundaries, such as park expansions. 42 U.S.C.
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                                                  Illinois 60604. This facility is open from              Stationary Sources.                                   7472(a). Although states and tribes may designate
                                                  8:30 a.m. to 4:30 p.m., Monday through                                                                        as Class I additional areas which they consider to
                                                                                                             • The initials NOX mean or refer to                have visibility as an important value, the
                                                  Friday, excluding Federal holidays. We                  nitrogen oxides.                                      requirements of the visibility program set forth in
                                                  recommend that you telephone Steven                        • The initials NPCA means or refers                section 169A of the CAA apply only to ‘‘mandatory
                                                  Rosenthal at (312) 886–6052 before                      to the National Parks Conservation                    Class I Federal areas.’’ Each mandatory Class I
                                                  visiting the Region 5 office.                                                                                 Federal area is the responsibility of a ‘‘Federal Land
                                                                                                          Association.                                          Manager.’’ 42 U.S.C. 7602(i). When we use the term
                                                  FOR FURTHER INFORMATION CONTACT:                           • The initials NTAA means or refers                ‘‘Class I area’’ in this action, we mean a ‘‘mandatory
                                                  Steven Rosenthal, Environmental                         to the National Tribal Air Association.               Class I Federal area.’’



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                                                                       Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                       21673

                                                  evaluate the use of retrofit controls at                   expeditiously as practicable, but no later          the settlement agreement was fully
                                                  certain larger, often uncontrolled, older                  than five years after the date of the final         executed on April 9, 2015. Pursuant to
                                                  stationary sources in order to address                     SIP or FIP. See CAA section 169A(g)(4)              the settlement agreement, EPA granted
                                                  visibility impacts from these sources.                     and 40 CFR 51.308(e)(1)(iv). In addition            partial reconsideration of the 2013
                                                  Specifically, section 169A(b)(2)(A) of                     to what is required by the RHR, general             Taconite FIP on July 2, 2015, based on
                                                  the CAA requires EPA to develop a FIP                      SIP requirements mandate that the SIP               new information raised in Cliffs’,
                                                  that contains such measures as may be                      or FIP include all regulatory                       ArcelorMittal’s, and Michigan’s
                                                  necessary to make reasonable progress                      requirements related to monitoring,                 petitions for reconsideration. EPA did
                                                  toward the natural visibility goal,                        recordkeeping, and reporting for the                not grant reconsideration of the 2013
                                                  including a requirement that certain                       BART controls on the source. See CAA                SIP disapprovals because EPA continues
                                                  categories of existing major stationary                    section 110(a).                                     to believe that BART for taconite plants
                                                  sources 2 built between 1962 and 1977                                                                          involves significant reductions of NOX
                                                                                                             C. Regulatory and Legal History of the
                                                  procure, install, and operate the BART                                                                         and SO2 emissions that were not
                                                                                                             2013 Taconite FIP
                                                  as determined by EPA. Under the RHR,                                                                           required in the Michigan and Minnesota
                                                  states (or in the case of a FIP, EPA) are                     On February 6, 2013, EPA                         SIPs.
                                                  directed to conduct BART                                   promulgated a FIP (78 FR 8706) that
                                                                                                             included BART limits for taconite                   III. Comments on Proposed Action and
                                                  determinations for such ‘‘BART-                                                                                Responses
                                                  eligible’’ sources that may reasonably be                  furnaces subject to BART in Minnesota
                                                  anticipated to cause or contribute to any                  and Michigan. EPA took this action                     On October 22, 2015, EPA published
                                                  visibility impairment in a Class I area.                   because Minnesota and Michigan had                  a Federal Register action entitled ‘‘Air
                                                     On July 6, 2005, EPA published the                      failed to meet a statutory deadline to              Plan Approval; Minnesota and
                                                  Guidelines for BART Determinations                         submit their Regional Haze SIPs and                 Michigan; Revision to Taconite Federal
                                                  Under the Regional Haze Rule at                            subsequently failed to require BART at              Implementation Plan; Proposed Rule’’
                                                  appendix Y to 40 CFR part 51                               the taconite facilities. Cliffs,                    (80 FR 64160), which proposed to revise
                                                  (hereinafter referred to as the ‘‘BART                     ArcelorMittal, and the State of Michigan            the 2013 Taconite FIP with respect to
                                                  Guidelines’’) to assist states and EPA in                  petitioned the Eighth Circuit Court of              the BART emission limitations and
                                                  determining which sources should be                        Appeals for review of the FIP, and, on              compliance schedules for the following
                                                  subject to the BART requirements and                       May 17, 2013, Cliffs and ArcelorMittal              taconite plants: United Taconite,
                                                  in determining appropriate emission                        filed a joint motion for stay of the final          Hibbing Taconite, Tilden Mining, and
                                                                                                             rule, which was granted by the Eighth               ArcelorMittal Minorca Mine. Cliffs is
                                                  limits for each applicable source. 70 FR
                                                                                                             Circuit on June 14, 2013, and is still in           the owner and operator of the United
                                                  39104.
                                                                                                             effect.                                             Taconite and Tilden Mining facilities
                                                     The process of establishing BART                           EPA received petitions for                       and part owner and operator of Hibbing
                                                  emission limitations includes                              reconsideration of the 2013 Taconite FIP            Taconite. ArcelorMittal is the owner
                                                  identifying those sources that meet the                    from the National Mining Association                and operator of the Minorca Mine
                                                  definition of ‘‘BART-eligible source’’ set                 on March 8, 2013, ArcelorMittal on                  facility and a part owner of the Hibbing
                                                  forth in 40 CFR 51.301,3 determining                       March 22, 2013, the State of Michigan               Taconite facility.
                                                  which of these sources ‘‘emits any air                     on April 1, 2013, Cliffs on April 3, 2013,             EPA proposed to revise the NOX
                                                  pollutant which may reasonably be                          Congressman Richard M. Nolan on                     limits and compliance schedules for all
                                                  anticipated to cause or contribute to any                  April 8, 2013, the State of Minnesota on            four facilities and to revise the SO2
                                                  impairment of visibility in any such                       April 8, 2013, and United States Steel              requirements for Tilden Mining and
                                                  area’’ (a source which fits this                           Corporation (U.S. Steel) on November                United Taconite in response to new
                                                  description is ‘‘subject to BART’’), and,                  26, 2013.                                           information that became available after
                                                  for each source subject to BART,                              In a related action, EPA published a             the close of the public comment period
                                                  identifying the best available type and                    final partial disapproval of the Michigan           of the 2013 FIP. Specifically, Cliffs and
                                                  level of control for reducing emissions.                   and Minnesota Regional Haze SIPs on                 ArcelorMittal submitted information to
                                                     States, or EPA if developing a FIP,                     September 30, 2013 (78 FR 59825), for               EPA that suggested high-stoichiometric
                                                  must address all visibility-impairing                      failure to require BART for SO2 and                 LNBs, which formed the basis of the
                                                  pollutants emitted by a source in the                      NOX emissions from taconite furnaces                original NOX limits, posed serious
                                                  BART determination process. The most                       subject to BART. By petitions dated                 technical hurdles. Consequently, EPA
                                                  significant visibility impairing                           November 26, 2013, Cliffs and U.S. Steel            proposed to determine that BART for
                                                  pollutants are SO2, NOX, and particulate                   petitioned EPA pursuant to section                  taconite facilities was low-
                                                  matter.                                                    307(d)(7)(B) of the CAA for                         stoichiometric LNBs (for grate kilns) and
                                                     A SIP or FIP addressing regional haze                   reconsideration of EPA’s partial                    a combination of water and steam
                                                  must include source-specific BART                          disapproval of the Michigan and                     injection and pre-combustion
                                                  emission limits and compliance                             Minnesota Regional Haze SIPs. Further,              technologies (for straight-grate kilns)
                                                  schedules for each source subject to                       Cliffs, ArcelorMittal, Michigan, and U.S.           and proposed revised NOX limits based
                                                  BART. Once a state or EPA has made a                       Steel petitioned the Eight Circuit Court            upon these technologies. Cliffs also
                                                  BART determination, the BART controls                      of Appeals for review of the final rule             submitted information showing that
                                                  must be installed and operated as                          partially disapproving the Michigan and             United Taconite could not burn very
                                                                                                             Minnesota Regional Haze SIPs.                       low-sulfur coal without challenges and
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                                                     2 The set of ‘‘major stationary sources’’ potentially
                                                                                                                EPA subsequently reached a                       that Tilden intended to burn mixed low-
                                                  subject to BART is listed in CAA section 169A(g)(7),
                                                  and includes ‘‘taconite ore processing facilities.’’       settlement agreement with Cliffs,                   sulfur fuels instead of 100% natural gas.
                                                     3 BART-eligible sources are those sources that          ArcelorMittal, and Michigan regarding               As a result, EPA proposed to revise the
                                                  have the potential to emit 250 tons or more of a           issues raised by these parties in their             SO2 limits for these facilities.
                                                  visibility-impairing air pollutant, were not in            petitions for review and                               The public comment period on the
                                                  operation prior to August 7, 1962, but were in
                                                  existence on August 7, 1977, and whose operations
                                                                                                             reconsideration. Notice of the settlement           proposal ended on December 23, 2015.
                                                  fall within one or more of 26 specifically listed          was published in the Federal Register               EPA received comments from the
                                                  source categories. 40 CFR 51.301.                          on January 30, 2015 (80 FR 5111), and               National Park Service of the United


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                                                  21674               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                  States Department of Interior, the                      emissions ranging from 0.773 lbs NOX/                 have an effect on emissions at United
                                                  National Parks Conservation                             MMBTU to 1.304 lbs NOX/MMBTU at                       Taconite due to the 529 lbs SO2/hr limit.
                                                  Association (NPCA), the Minnesota                       that facility. Finally, we note that we are           In essence, United Taconite will now be
                                                  Center for Environmental Advocacy                       finalizing an initial emission limit of 1.2           required to burn more natural gas and
                                                  (MCEA), United States Steel                             lbs NOX/MMBTU (subject to upward                      less coal (or all gas) to meet its BART
                                                  Corporation, ArcelorMittal USA LLC,                     revision only in unlikely scenarios) for              limit than the facility would have under
                                                  the Forest Service of the United States                 the Minorca Mine and Hibbing furnaces,                a 0.60 percent sulfur limit.
                                                  Department of Agriculture (USDA),                       which is consistent with the limit in our                Comment: The Forest Service asked
                                                  Cliffs Natural Resources, and the Fond                  2013 FIP, but based on the installation               for an explanation as to why Minorca
                                                  du Lac Band of Lake Superior                            of different technologies.                            Mine and Tilden have the longest
                                                  Chippewa. The National Tribal Air                          Comment: The Forest Service stated                 deadlines for compliance when they
                                                  Association (NTAA) requested an                         that EPA seems to assume that the only                each have only one furnace at their
                                                  extension of the public comment period                  way to meet the existing 0.6 percent                  facility.
                                                  of 120 days. A 30-day extension of the                  sulfur limit is to use western sub-                      Response: To establish an overall
                                                  public comment period was provided,                     bituminous coal, which will not work in               compliance schedule that is as
                                                  but NTAA did not subsequently submit                    the furnace due to its lower heating                  expeditious as practicable, we grouped
                                                  comments. EPA fully considered all of                   value. The Forest Service did a quick                 the furnaces according to whether they
                                                  the comments and responds to each                       search of U.S. coal data (US DOE, NETL,               are straight-grate kilns or grate kilns, not
                                                  comment below. Based on our                             Detailed Coal Specifications, Quality                 according to which facility they belong.
                                                  consideration of the comments, we are                   Guidelines for Energy System Studies,                 By grouping furnaces according to
                                                  finalizing the NOX and SO2 emission                     Final Report, DOE/NETL–401/012111,                    design and function rather than facility,
                                                  limits and compliance schedules as                      January 2012, page 31) and could find                 Cliffs and ArcelorMittal will be able to
                                                  proposed, with two minor exceptions                     no eastern bituminous coal at 0.6                     take advantage of the experience gained
                                                  explained in Section V.                                 percent sulfur, but was able to find a                from the first installation of NOX
                                                                                                          low-volatile, eastern bituminous coal                 reduction technologies at a straight-grate
                                                  A. Comments by the Forest Service                       with very high heating value at 0.66                  kiln and grate kiln at the other furnaces.
                                                     Comment: The Forest Service                          percent sulfur, which is far below the                For example, Tilden will be able to take
                                                  disagreed with EPA’s determination that                 new limit proposed by EPA for United                  advantage of the experience of the
                                                  LNBs should be eliminated as a                          Taconite of 1.5 percent sulfur. The                   earlier installation of a low-
                                                  potential BART option for straight-grate                Forest Service stated that if an                      stoichiometric LNB on a grate kiln at
                                                  kilns. The Forest Service stated that                   adjustment is warranted to the existing               United Taconite, while ArcelorMittal
                                                  LNBs are included in the permits for                    limit, it should be based on low-sulfur               will be able to take advantage of the
                                                  straight-grate furnaces for Essar Steel                 content eastern bituminous coal, such as              earlier installation of NOX reduction
                                                  (Essar) in Minnesota and Magnetation in                 the one at 0.66 percent sulfur.                       technologies on a straight-grate kiln at
                                                  Indiana, which (unlike Essar) has                          Response: EPA disagrees with this                  Hibbing. We believe that this staggered
                                                  commenced operation. The permit                         comment. The primary SO2 emission                     schedule is necessary because, although
                                                  limits for each of the two LNB-equipped                 limit for BART at United Taconite is the              the selected NOX controls have been
                                                  straight-grate kilns are 0.25 lbs NOX/                  529 lbs SO2/hr aggregate limit on lines               subject to extensive engineering studies,
                                                  MMBTU, which is lower than the limits                   1 and 2. This BART limit, which is                    they have not been used on taconite
                                                  proposed by EPA.                                        based upon the use of low-sulfur fuels                furnaces in the United States to date.
                                                     Response: EPA disagrees that the                     (a combination of natural gas and coal),              Such experience is necessary to ensure
                                                  situations at Essar and Magnetation                     will result in 1900 tons per year of SO2              proper operation of these furnaces.
                                                  provide sufficient evidence that LNBs                   reductions. In contrast, the 1.5 percent              Improper burner operation could
                                                  would be technically feasible at the                    sulfur limit is an operational limit that             adversely affect heat distribution
                                                  Minorca Mine and Hibbing facilities.                    EPA imposed after Cliffs requested an                 throughout the furnace as well as pellet
                                                  Essar and Magnetation were subject to                   adjustment to its baseline emission rate              quality.
                                                  the BACT requirement that applies to                    to be used in evaluating potential BART                  Comment: The Forest Service stated
                                                  new and modified sources.                               controls. Under the BART guidelines,                  that it would like the opportunity to
                                                  Consequently, these facilities were able                the baseline emission rate ordinarily                 review and comment on the final
                                                  to integrate LNBs into the design and                   should represent a realistic depiction of             emission limits.
                                                  construction of their furnaces. In                      anticipated annual emissions for the                     Response: EPA has provided an
                                                  contrast, the furnaces at Minorca Mine                  source based upon actual emissions                    extremely detailed and objective step-
                                                  and Hibbing were not designed to                        from a baseline period. See 40 CFR part               by-step procedure that will be used for
                                                  accommodate LNBs. As discussed in the                   51, appendix Y. However, when future                  determining the final emission limits.
                                                  proposal, EPA eliminated LNBs from                      operating parameters, such as type of                 The notice of proposed rulemaking
                                                  consideration due to the technical                      fuel, will differ from past practice, and             provided adequate information about
                                                  challenges associated with a retrofit                   if this projection has a deciding effect in           the basis and timing of the final limits
                                                  application on the unique straight-grate                the BART determination, then the                      such that no further proposals will be
                                                  kilns at Minorca Mine and Hibbing. We                   operating parameter must be made into                 necessary. The equations and an explicit
                                                  also note that the Essar straight-grate                 an enforceable limitation. Id. EPA                    explanation of how the final limits will
                                                  furnace is still not operational, and                   imposed the original 0.60 percent sulfur              be established are contained in the
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                                                  Magnetation is not an iron ore                          limit on the coal burned at United                    proposal, so the Forest Service could
                                                  processing facility and therefore is not                Taconite to comply with this provision.               have raised any concerns during the
                                                  classified as a taconite facility as                    However, Cliffs indicated in its petition             public comment period. EPA is taking
                                                  defined by the taconite MACT (40 CFR                    for reconsideration that 0.60 percent                 this approach in order to expedite the
                                                  part 63 subpart RRRRR). While                           sulfur coal posed several issues for its              establishment of final enforceable limits
                                                  Magnetation’s permit limit is 0.25 lbs                  furnaces. As a result, the EPA proposed               for these facilities within the context of
                                                  NOX/MMBTU, the results from an                          to increase the operational limit to 1.5              a process that provides reasonable time
                                                  August-September 2015 test indicate                     percent sulfur, but this change will not              to design and install emission controls,


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                        21675

                                                  to obtain data needed for determining                      In a study conducted by Hatch for                  lbs NOX/MMBTU. Therefore, an
                                                  control effectiveness, and to minimize                  U.S. Steel, SCR with reheat was                       increase from 2.04 to 2.5 lbs NOX/
                                                  the time then needed to establish final                 considered as a potential control option,             MMBTU is a 23 percent increase above
                                                  enforceable limits. EPA has carefully                   but further discussion with potential                 expected levels, which is more
                                                  considered the Forest Service’s                         vendors resulted in the determination                 meaningful than the 67 percent increase
                                                  comments, but does not believe that a                   that SCR with reheat is not a technically             (not 87 percent) above the low end of
                                                  second comment period is necessary.                     feasible control option for taconite                  the range of the final emission limits. It
                                                     Comment: The Forest Service                          indurating furnaces. One potential                    should be noted that, in addition to the
                                                  requested a description of how plant                    vendor, Mitsubishi Power Systems,                     uncertainty resulting from the lack of
                                                  shutdowns will be handled.                              cited temperature and layout as factors               experience in the use of low-
                                                     Response: EPA is unsure what the                     rendering SCR with reheat less than                   stoichiometric LNBs, there is additional
                                                  commenter means by ‘‘plant                              optimal for NOX control from U.S.                     uncertainty because the CFD modeling
                                                  shutdowns,’’ but presumes that the                      Steel’s Minntac taconite indurating                   was only performed for co-firing at 30
                                                  Forest Service may be concerned that                    furnaces. LKAB, a taconite facility in                percent gas and 70 percent coal.
                                                  the emission limits could be relaxed                    Sweden, has an SCR with reheat on its                 Furthermore, a rigorous demonstration
                                                  during a shutdown. No special                           KK4 taconite pelletizing line. Alstom,                would have to be made that 1.5 lbs
                                                  consideration has been given to plant                   the SCR vendor for LKAB, declined                     NOX/MMBTU cannot be met before the
                                                  shutdowns in this respect. The NOX                      twice to bid on an SCR with reheat at                 limit is adjusted and an alternative final
                                                  limits are based on the production level                Minntac, citing technical difficulties                limit is set.
                                                  and the quantity of fuel burned.                        with the SCR with reheat at LKAB.                        Comment: The National Park Service
                                                     Comment: The Forest Service asked                    These difficulties included operating                 was concerned that, although the
                                                  EPA to describe what will be done if                    within the narrow temperature range                   proposed FIP requires the NOX
                                                  adequate data are not collected within                  required by SCR with reheat. Further,                 reduction technologies for the straight-
                                                  the timeframe envisioned in the                         LKAB is looking into process                          grate furnaces at Minorca Mine and
                                                  schedule to establish a final emission                  optimization and better burners to                    Hibbing be designed to meet a limit of
                                                  limit.                                                  reduce NOX as opposed to installing                   1.2 lbs NOX/MMBTU, EPA is proposing
                                                                                                          another SCR with reheat in the future.                to increase the final limit up to 1.8 lbs
                                                     Response: The eight-month testing
                                                                                                          It is important to note that SCR with                 NOX/MMBTU if a rigorous
                                                  period, during which controls will be in
                                                                                                          reheat, even if it were technically                   demonstration is made that the 1.2 lbs
                                                  place and CEMS will be operational,
                                                                                                          feasible, would result in additional                  NOX/MMBTU limit cannot be met. This
                                                  should provide ample time for
                                                                                                          energy and environmental costs in the                 represents a 50 percent increase above
                                                  collecting data adequate to establish a
                                                                                                          form of increased usage of natural gas                the expected emission rate and no
                                                  final limit.
                                                                                                          and greenhouse gas emissions,                         justification is provided for such a large
                                                     Comment: The Forest Service asked                                                                          ‘‘safety margin.’’
                                                                                                          respectively. While increased energy
                                                  EPA to specify what design parameters                                                                            Response: As discussed in the
                                                                                                          and environmental penalties are not
                                                  will be monitored for the different                                                                           proposed rulemaking, EPA is confident
                                                                                                          preclusive, they further weigh against
                                                  control technologies.                                   any additional analysis of SCR with                   that Minorca Mine and Hibbing can
                                                     Response: The design parameters will                 reheat as a viable option for indurating              meet a limit of 1.2 lbs NOX/MMBTU
                                                  be established in the engineering reports               furnaces at this time. We expect                      based upon the engineering report
                                                  that are required by the settlement                     Minnesota and Michigan to reevaluate                  prepared for ArcelorMittal that assesses
                                                  agreement and this action. We                           SCR with reheat as a potential option for             the use of water and steam injection and
                                                  anticipate that the percent                             making reasonable progress in future                  pre-combustion technologies. However,
                                                  stoichiometric primary combustion air                   planning periods, but reject the                      because this suite of technologies has
                                                  and gas/coal ratio when co-firing will be               technology as BART for the Minnesota                  not previously been used on straight-
                                                  important variables.                                    and Michigan taconite facilities at this              grate kilns, some uncertainty remains
                                                  B. Comments by the National Park                        time.                                                 regarding the potential effect on pellet
                                                  Service                                                    Comment: The National Park Service                 quality. As a result, EPA has provided
                                                                                                          concurred with the maximum 3.0 lbs                    a procedure by which the final limits for
                                                     Comment: The National Park Service,                  NOX/MMBTU limit when burning                          Minorca Mine and Hibbing could be
                                                  as well as NPCA and MCEA,                               natural gas only at grate kilns. However,             revised upwards to as much as 1.8 lbs
                                                  commented on the technical feasibility                  the National Park Service did not                     NOX/MMBTU. It is important to note,
                                                  of controlling NOX using SCR and                        believe that allowing NOX emissions to                however, that EPA has included
                                                  encouraged EPA to further evaluate                      increase by 87 percent above expected                 rigorous requirements that must be met
                                                  various configurations of SCR, including                levels when burning a gas/coal mix at                 before any relaxing of the initial 1.2 lbs
                                                  tail-end SCR with gas stream reheat                     grate kilns is justified.                             NOX/MMBTU limit would be allowed.
                                                  (hereinafter referred to as ‘‘SCR with                     Response: Low-stoichiometric LNBs,                    Comment: The National Park Service
                                                  reheat’’).                                              as designed by FCT Combustion (FCT),                  stated that EPA has the authority to
                                                     Response: There are several air                      are designed to reduce NOX while                      limit the sulfur content of the fuels
                                                  pollution control technology analyses                   maintaining pellet quality and                        already fired at United Taconite. The
                                                  involving the potential use of SCR and                  production and optimizing fuel                        National Park Service understood that
                                                  SCR with reheat on indurating furnace                   efficiency. As a result, this LNB was                 United Taconite has identified problems
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                                                  hood exhaust. In these analyses                         selected to establish BART limits for                 with the characteristics of the 0.6
                                                  (Magnetation BACT, Essar BACT, and                      Cliffs’ grate-kiln furnaces. FCT’s                    percent sulfur coal originally proposed
                                                  Tilden BART), SCR with reheat was                       computational fluid dynamic (CFD)                     by EPA and the compatibility of that
                                                  rejected for not being cost-effective,                  modeling for co-firing at 30 percent gas              coal with the United Taconite furnace.
                                                  while upstream SCR was rejected as                      and 70 percent coal indicated a                       The National Park Service cited EPA’s
                                                  technically infeasible due to the                       reduction from a base case of 1.6–5.4 lbs             statement that it ‘‘is also establishing a
                                                  likelihood that the exhaust stream                      NOX/MMBTU with a typical baseline                     limitation on the coal to be used by
                                                  would foul the catalyst.                                value of 2.5 lbs NOX/MMBTU, to 2.04                   requiring the coal have a sulfur content


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                                                  21676               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                  no greater than 1.5 percent sulfur by                   calculate the test average) is based on               effectiveness, and to minimize the time
                                                  weight based on a monthly block                         the compliance period, i.e., 720 for a                then needed to establish final
                                                  average.’’ However, the National Park                   720-hour average and not 1. This results              enforceable limits. The proposal
                                                  Service stated that it is aware of eastern              in a lower and more stringent UPL than                encouraged commenters to comment on
                                                  bituminous coals that have much lower                   if 1. However, when setting a 720-hour                any issues that might be anticipated to
                                                  sulfur contents and requested that EPA                  average emission limit using the                      arise at any point in the process
                                                  evaluate the potential for combustion of                nonparametric equation, the data set                  described in the proposal, and NPCA
                                                  such coals at United Taconite.                          used would be the 720-hour averages                   has not identified any such issues.
                                                     Response: EPA disagrees with this                    rather than the raw hourly data.
                                                  comment. The primary SO2 emission                                                                             2. NPCA Incorporated Its March 2, 2015
                                                  limit for BART at United Taconite is the                C. Comments by the National Parks                     Comments Regarding the Settlement
                                                  529 lbs SO2/hr aggregate limit on lines                 Conservation Association (NPCA)                       Agreement
                                                  1 and 2. This BART limit, which is                      1. NPCA Incorporated the Comments                        Comment: NPCA stated that the
                                                  based upon the use of low-sulfur fuels                  Submitted by the National Park Service                changes in emission limits between the
                                                  (a combination of natural gas and coal),                                                                      2013 FIP and the settlement agreement
                                                                                                             Comment: NPCA restated the National
                                                  will result in 1900 tons per year of SO2                                                                      appear to significantly weaken the terms
                                                                                                          Park Service comments as follows:
                                                  reductions. In contrast, the 1.5 percent                                                                      of the 2013 FIP because the emission
                                                                                                          —SCR remains a feasible technical                     limits are far less stringent. Although
                                                  sulfur limit is an operational limit that
                                                                                                             option for limiting NOX from taconite              NPCA did not have the necessary level
                                                  EPA imposed after Cliffs requested an
                                                                                                             facilities. While two SCR vendors                  of detailed information to perform a
                                                  adjustment to its baseline emission rate
                                                                                                             declined to bid on the NOX reduction               precise comparison, NPCA’s rough
                                                  to be used in evaluating potential BART
                                                  controls. Under the BART guidelines,                       testing at Minntac, this is an                     calculations indicated that the
                                                  the baseline emission rate ordinarily                      insufficient basis to reject SCR across            limitations in attachment A of the
                                                  should represent a realistic depiction of                  the taconite industry. EPA should                  settlement agreement would allow for
                                                  anticipated annual emissions for the                       revisit this decision and evaluate                 pollution at or above the actual baseline
                                                  source based upon actual emissions                         various configurations of SCR that                 emissions from the taconite facilities,
                                                  from a baseline period. See 40 CFR part                    would serve to further reduce NOX                  that is, they represent no reduction (or
                                                  51, appendix Y. However, when future                       emissions beyond the limits in the                 at a minimum, no significant reduction)
                                                  operating parameters, such as type of                      proposed settlement.                               in pollution.
                                                  fuel, will differ from past practice, and               —EPA’s proposed NOX limits for the                       Response: As discussed in the five-
                                                  if this projection has a deciding effect in                gas/coal scenario at United Taconite               step BART determinations in the
                                                  the BART determination, then the                           and Tilden are improper because they               proposal, there are significant emission
                                                  operating parameter must be made into                      are up to 87 percent higher than the               reductions from the revised limits.
                                                  an enforceable limitation. Id. EPA                         limits in the 2013 FIP.                            There will be an estimated total of 3,000
                                                                                                          —EPA’s proposed NOX limits for                        tons per year of NOX reductions from
                                                  imposed the original 0.60 percent sulfur
                                                                                                             Hibbing and Minorca Mine are                       Tilden and United Taconite, a total of
                                                  limit on the coal burned at United
                                                                                                             improper because they are up to 50                 7,400 tons per year of NOX reductions
                                                  Taconite to comply with this provision.
                                                  However, Cliffs indicated in its petition                  percent higher than the limits in the              from Minorca Mine and Hibbing, 1,900
                                                  for reconsideration that 0.60 percent                      2013 FIP.                                          tons per year of SO2 reductions from
                                                                                                          —EPA should require the use of an                     United Taconite, and 300 tons of SO2
                                                  sulfur coal posed several issues for its
                                                                                                             alternative low-sulfur coal at United              reductions from Tilden. The only NOX
                                                  furnaces. As a result, the EPA proposed
                                                                                                             Taconite.                                          emission limits that are definitely less
                                                  to increase the operational limit to 1.5
                                                  percent sulfur, but this change will not                   Response: EPA has responded in                     stringent than those in the 2013 FIP are
                                                  have an effect on emissions at United                   detail to these comments in responses to              the NOX emission limits for Tilden and
                                                  Taconite due to the 529 lbs SO2/hr limit.               the comments by the National Park                     United Taconite when burning solely
                                                  In essence, United Taconite will now be                 Service (see above).                                  natural gas. The final NOX emission
                                                  required to burn more natural gas and                      Comment: NPCA stated that the                      limits for Hibbing and Minorca Mine, as
                                                  less coal (or all gas) to meet its BART                 proposal specifies that increased limits              well as Tilden and United Taconite
                                                  limit than the facility would have under                are permissible where the industry                    when co-firing coal and natural gas, are
                                                  a 0.60 percent sulfur limit.                            makes a rigorous demonstration that                   expected to be the same as, or close to,
                                                     Comment: The National Park Service                   lower limits cannot be met. NPCA                      the 2013 FIP limits. There may also be
                                                  stated that EPA was apparently                          requested that any such demonstration                 an increase in SO2 emissions from
                                                  proposing to use hourly emission rates                  be made available to the public for                   Tilden, but this should be a fairly small
                                                  measured by a CEMS to derive the UPL.                   review and comment.                                   increase as Tilden will be solely burning
                                                  The National Park Service questioned                       Response: EPA has provided an                      natural gas and very low (0.6 percent)
                                                  the appropriateness of basing the UPL                   extremely detailed and objective step-                sulfur coal.
                                                  on hourly values if EPA is setting a 30-                by-step procedure for determining the                    Comment: NPCA argued that the
                                                  day (or 720-hour) rolling average limit.                final emission limits. The notice of                  timeframes for compliance are
                                                  The National Park Service was                           proposed rulemaking provided adequate                 significantly longer than in the 2013
                                                  concerned that the use of hourly values                 information about the basis and timing                FIP.
                                                  would introduce excess variability into                 of the final limits such that no further                 Response: The compliance schedule
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                                                  the calculation and could lead to a                     proposals will be necessary. EPA is                   is generally similar to the FIP except
                                                  higher UPL.                                             taking this approach in order to                      that implementation has been delayed
                                                     Response: When the UPL equation for                  expedite the establishment of final                   because of the court-imposed stay. The
                                                  normally distributed and statistically                  enforceable limits for these facilities               main differences between the two
                                                  independent data is used, the average ,                 within the context of a process that                  schedules are that Tilden must install
                                                  standard deviation (s), and number of                   provides reasonable time to design and                controls within 50 months (compared
                                                  values (n) are based on the hourly data.                install emission controls, to obtain data             with 26 months in the 2013 FIP) and
                                                  The term number of values used to                       needed for determining control                        Minorca Mine must install controls


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                         21677

                                                  within 44 months (compared with 26                      after ‘‘the date of promulgation of a . . .           agreement states that, 44 months from
                                                  months in the 2013 FIP). The staggered                  [FIP] revision.’’ In this final rule, we are          the effective date of the rule, Cliffs must
                                                  compliance schedule, which includes                     promulgating a revision to the 2013 FIP               provide results from pellet quality
                                                  additional time for Tilden and                          that includes new BART determinations                 analyses no later than 30 days from the
                                                  ArcelorMittal, is necessary because the                 based on new technologies. These BART                 end of each calendar quarter until 52
                                                  NOX controls selected as BART have not                  determinations fully supersede the                    months from the effective date of the
                                                  been used on taconite furnaces in the                   determinations that were made in the                  rule. No later than 55 months after the
                                                  United States. Such experience is                       2013 FIP. The taconite facilities must                effective date of the rule, EPA will take
                                                  necessary to ensure proper operation of                 comply with the new BART emission                     final agency action by publishing the
                                                  these furnaces. The planned controls                    limits in a staggered schedule that we                NOX limits in the Federal Register.
                                                  could adversely affect heat distribution                have determined is as expeditious as                  Assuming that the effective date of the
                                                  throughout the furnace as well as pellet                practicable. Full compliance at all                   rule is June 15, 2016, then 52 months
                                                  quality.                                                facilities will be achieved no later than             from the effective date is October 15,
                                                     Comment: NPCA stated that, in                        five years from the date of the                       2020, and 55 months is January 15,
                                                  proposing the settlement, EPA offered                   promulgation of this FIP revision.                    2021. The end of the quarter would be
                                                  no support to suggest why such a                                                                              December 31, 2020, so under the
                                                  significant weakening of much needed                    D. Comments by Cliffs Natural
                                                                                                          Resources                                             settlement language, the pellet quality
                                                  and statutorily required limits was                                                                           data from October 1 through October 15,
                                                  appropriate. NPCA was thus at a loss to                    Comment: Cliffs supported the                      2020, would not be due until January
                                                  comment on the rationale behind the                     proposed FIP, including the initial                   30, 2021, which is too late to be
                                                  changes.                                                limits, the staggered compliance                      considered in establishing the final
                                                     Response: As discussed in a prior                    schedule, and the formula for setting                 emission limit. According to the
                                                  response, EPA does not agree that there                 final limits if the initial limits cannot be          language in the proposal, the pellet
                                                  has been a significant weakening of the                 achieved without adverse impacts on                   quality analyses would need to be
                                                  requirements for taconite facilities.                   pellet quality. However, Cliffs objected              submitted to EPA by October 22, 2020.
                                                  EPA’s basis for all changes was                         to EPA’s statement in the proposed FIP                Accepting Cliffs’ suggested revision
                                                  contained in the proposed FIP revision                  preamble that ‘‘there are no significant              from 7 to 30 days would require the
                                                  and its associated docket.                              costs or environmental impacts’’                      pellet quality analysis to be submitted to
                                                     Comment: NPCA stated that EPA                        associated with the selected BART
                                                                                                                                                                EPA by November 14, 2020. EPA
                                                  must provide documentation of the                       technologies. Cliffs will be required to
                                                                                                                                                                accepts Cliffs’ basis for increasing the
                                                  reasons for the proposed changes in the                 expend millions of dollars to design and
                                                                                                                                                                reporting requirement from 7 to 30 days
                                                  form of publicly available information.                 implement changes to its furnaces.
                                                                                                                                                                and will make this revision in the final
                                                  EPA cannot rely strictly on confidential                There are also costs associated with lost
                                                                                                                                                                FIP because it will not significantly
                                                  information, which does not allow the                   production during downtime and
                                                                                                                                                                interfere with expeditiously setting the
                                                  public to review and consider the                       shakedown, as well as the potential for
                                                                                                                                                                final limits.
                                                  changes proposed.                                       additional fuel consumption when the
                                                     Response: Publicly available                         BART technologies are operational.                       Comment: Cliffs stated that United
                                                  information in support of the FIP is                       Response: EPA acknowledges that                    Taconite’s pellet quality reporting
                                                  contained in the docket.                                there will be costs associated with the               obligations in the proposed FIP
                                                     Comment: NPCA stated that the                        BART control technologies employed by                 mistakenly refer to ‘‘Tilden’s ISO 9001
                                                  settlement referenced ‘‘equitable                       Cliffs. EPA’s full statement in the                   quality management system’’ but should
                                                  treatment of facilities not included in                 preamble was that ‘‘there are no                      refer to ‘‘United Taconite’s ISO 9001
                                                  this settlement.’’ This would appear to                 significant costs or environmental                    quality management system.’’
                                                  refer to the taconite facilities covered by             impacts associated with this technology                  Response: EPA acknowledges the
                                                  the 2013 FIP but not included in the                    that would necessitate its elimination                error and has made the correction in the
                                                  settlement. To the extent that this                     from consideration as BART.’’ EPA                     final FIP.
                                                  statement refers to the potential                       continues to believe that the costs,                  E. Comments by the Fond du Lac Band
                                                  weakening of limits imposed at other                    energy, and non-air quality impacts                   of Lake Superior Chippewa
                                                  facilities in the taconite FIP, the                     associated with the selected BART
                                                  increase in pollution that appears in the               controls are reasonable.                                 Comment: The Band urged a fair,
                                                  settlement is all the more concerning.                     Comment: Cliffs stated that EPA’s                  scientifically sound, and feasible
                                                     Response: EPA has not proposed to                    proposal included a new requirement to                process for all stakeholders, including
                                                  change the emission limits for other                    report CEMS and pellet quality data at                affected and surrounding communities.
                                                  facilities covered by the 2013 FIP at this              the end of a period that did not fall                 The taconite industry should not be
                                                  time.                                                   within the preceding calendar quarter                 allowed to dictate its own compliance
                                                     Comment: NPCA stated that the                        within 7 days of the close of the period.             schedule or prolong compliance with
                                                  timeframe for compliance detailed in                    Reporting this information within 7                   Federal laws and regulations.
                                                  the settlement agreement was                            days is impracticable, as it does not                    Response: EPA agrees with this
                                                  inappropriate. The CAA requires that                    provide the facility sufficient time to               comment and has implemented a
                                                  controls required under BART be                         complete the appropriate laboratory                   process to establish final BART limits
                                                  implemented within five years of the                    analysis and quality assurance expected               based upon the most current, relevant,
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                                                  final rule. In this case, the rule was                  for the data. Cliffs acknowledged EPA’s               and scientifically sound information
                                                  finalized in January 2013, so                           need to include a provision to address                available. The taconite plant owners
                                                  compliance with emission limits must                    the timely reporting of data, but                     were in a unique position to acquire and
                                                  be by January 2018.                                     requested that the reporting obligation               provide the needed scientific
                                                     Response: We disagree with this                      be changed from 7 days to 30 days to                  information and understandably had
                                                  comment. Section 169A(g)(4) of the                      allow for quality assurance checks.                   motivation to do so. However, they are
                                                  CAA requires compliance with BART                          Response: Using United Taconite Line               not dictating their own compliance
                                                  emission limits no later than five years                2 as an example, the settlement                       schedule.


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                                                  21678               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                     Comment: The Band argued that the                    The Band noted that a limit of 2.5 lbs                and needs identified by tribal
                                                  emission limits in the 2013 FIP are more                NOX/MMBTU (gas coal mix) is 67                        governments during this process. These
                                                  reasonable in terms of protecting                       percent higher than the predicted                     consultation and education and
                                                  visibility than the limits proposed in the              emission rate of 1.5 lbs NOX/MMBTU.                   outreach efforts began in August 2012
                                                  revised FIP.                                            The Band acknowledged that some                       and continue through the present
                                                     Response: While we acknowledge that                  uncertainty is involved in developing                 utilizing forums such as monthly tribe-
                                                  a few of the emission limits in the 2013                the use of a new control technology, but              EPA conference calls, presentations
                                                  FIP were more stringent than the limits                 argued that this range of emission limits             during annual meetings and
                                                  in our proposed FIP revision, and were                  is too large.                                         conferences, and one-to-one discussions
                                                  thus more protective of visibility, we                     Response: Please see our response to               with EPA subject matter experts as
                                                  disagree that the original limits were                  a similar comment from the National                   requested.
                                                  more reasonable. For the reasons                        Park Service.                                            EPA’s revision of the FIP is expected
                                                  explained in our proposal, new                             Comment: The Band stated that EPA                  to have significant environmental
                                                  information provided by the taconite                    recently implemented a national policy                benefits relative to the SIPs submitted
                                                  companies shows that the technology on                  on Environmental Justice for Working                  by Michigan and Minnesota. On-and off-
                                                  which the 2013 FIP limits were based,                   with Federally Recognized Tribes and                  reservation trust resources held by
                                                  high-stoichiometric LNBs, would                         Indigenous Peoples. EPA must uphold                   Minnesota tribes (and other tribes), as
                                                  adversely affect pellet quality. As a                   its duties to protect the interests of                recognized in treaties and in Minnesota
                                                  result, we proposed new BART                            tribes and their treaty rights and explain            v. Mille Lacs Band, 526 U.S. 172 (1999),
                                                  determinations based on new                             how the proposed FIP complies with                    among other authorities, will be
                                                  technologies. These technologies will                   EPA’s existing guidance and policies                  protected to a greater extent by the
                                                  still result in significant emission                    with Federally Recognized Tribes and                  controls required in the amended FIP.
                                                  reductions, improving visibility in the                 Indigenous Peoples.
                                                                                                             Response: The U.S. Constitution                    F. Comments by ArcelorMittal
                                                  Class I areas in Minnesota and
                                                  Michigan.                                               defines treaties as part of the supreme                  Comment: ArcelorMittal cited to the
                                                     Comment: The Band stated that the                    law of the land with the same legal force             preamble to the proposed FIP revision,
                                                  compliance schedule in the 2013 FIP                     as Federal statutes. Treaties are to be               which states that ‘‘there are no
                                                  was more reasonable from a health                       interpreted in accordance with the                    significant costs or environmental
                                                  protection standpoint. The Band stated                  Federal Indian canons of construction, a              impacts’’ associated with the BART
                                                  that it preferred the 2013 FIP schedule                 set of long-standing principles                       determinations for Hibbing and
                                                  over the longer compliance schedule in                  developed by courts to guide the                      Minorca. However, in actuality, the
                                                  the proposed FIP revision.                              interpretation of treaties between the                changes necessary to meet the proposed
                                                  Alternatively, a compromise schedule                    U.S. government and Indian tribes. As                 emission limits will not be without
                                                  between the original schedule and the                   the Supreme Court has explained,                      costs and environmental impacts.
                                                  proposed schedule would be acceptable.                  treaties should be construed liberally in             ArcelorMittal will be required to expend
                                                     Response: Please see our response to                 favor of tribes, giving effect to the treaty          millions of dollars to design and
                                                  a similar comment from NPCA.                            terms as tribes would have understood                 implement changes to its straight-grate
                                                     Comment: The Band stated that                        them, with ambiguous provisions                       furnaces. It will also incur substantial
                                                  Eastern bituminous coals are available                  interpreted for their benefit. Only                   costs associated with lost production
                                                  that could meet both the requirements                   Congress may abrogate Indian treaty                   during downtime and shakedown when
                                                  for a low-sulfur coal (0.66%) and a very                rights, and courts will not find that                 these technologies are installed. Once
                                                  high heating value (US DOE, NETL,                       abrogation has occurred absent clear                  operational, fuel penalties are expected
                                                  Detailed Coal Specifications, Quality                   evidence of congressional intent.                     which will result in increased cost.
                                                  Guidelines for Energy System Studies,                      EPA has committed to consider all                     Response: EPA acknowledges that
                                                  Final Report, DOE/NETL–401/012111,                      relevant information obtained during                  there will be costs associated with the
                                                  January 2012, page 31).                                 tribal consultation to help ensure that               BART control technologies employed by
                                                     Response: Please see our response to                 EPA’s actions do not conflict with treaty             ArcelorMittal. EPA’s full statement in
                                                  a similar comment from the Forest                       rights, to help ensure that EPA is fully              the preamble was that ‘‘there are no
                                                  Service.                                                informed when it seeks to implement its               significant costs or environmental
                                                     Comment: The Band stated that SCR                    programs, and to further protect treaty               impacts associated with this technology
                                                  is considered the best available retrofit               rights and resources when it has                      that would necessitate its elimination
                                                  technology that has been used at other                  discretion to do so. We have done so in               from consideration as BART.’’ EPA
                                                  coal facilities and could feasibly reduce               this action. EPA consulted and                        continues to believe that the costs,
                                                  NOX emissions for taconite furnaces.                    coordinated with tribal officials and                 energy, and non-air quality impacts
                                                  The Band agreed with the National Park                  provided information on both the 2012                 associated with the selected BART
                                                  Service that the use of tail-end SCR with               FIP proposal and the current taconite                 controls are reasonable.
                                                  steam reheat should be evaluated for                    FIP proposal early in the process of
                                                  BART.                                                   developing this regulation in order to                G. Comments by United States Steel
                                                     Response: Please see our response to                 allow tribal governments to have                         U.S. Steel submitted the following
                                                  a similar comment from the National                     meaningful and timely input. EPA                      comments to ensure that EPA’s
                                                  Park Service.                                           provided information to tribes on the                 approach to amending the original FIP
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                                                     Comment: The Band noted that EPA                     rationale for proposing this regulation in            is applied evenly and fairly and results
                                                  proposed to set limits for United                       the absence of the states submitting                  in a consistent approach to BART for
                                                  Taconite and Tilden of 3.0 lbs NOX/                     plans, the potential health and                       the taconite industry.
                                                  MMBTU when burning natural gas and                      environmental impacts associated with                    Comment: U.S. Steel agreed with
                                                  2.5 lbs NOX/MMBTU when burning a                        these facilities, and the emissions                   EPA’s decision to develop a case-by-
                                                  gas/coal mix if the presumptive limits of               reductions to be gained from                          case approach to BART for indurating
                                                  2.8 lbs NOX/MMBTU and 1.5 lbs NOX/                      implementing this regulation. EPA also                furnaces and the Agency’s proposed
                                                  MMBTU, respectively, cannot be met.                     took into consideration the concerns                  approach to determining BART for each


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                         21679

                                                  individual affected unit, based upon                    Administrative Reconsideration of the                 curtailment that is beyond a facility’s
                                                  that unit’s design and unit-specific                    Partial Disapproval of Air Quality                    control. These events are typically
                                                  characteristics.                                        Implementation Plans for Regional Haze                infrequent, unplanned, and may cause
                                                     Response: EPA appreciates U.S.                       for the States of Michigan and                        the facility to operate in a manner that
                                                  Steel’s support.                                        Minnesota. Although a hard copy of this               is not typical.
                                                     Comment: U.S. Steel stated that a                    document was included in EPA’s                           Response: EPA appreciates U.S.
                                                  similar approach will be necessary for                  Regional docket, and available for                    Steel’s support for the provision stating
                                                  U.S. Steel’s Minntac and Keetac                         inspection at EPA’s Region 5 office, EPA              that the SO2 limit for Tilden’s grate kiln
                                                  furnaces.                                               mistakenly did not include this Petition              does not apply during a natural gas
                                                     Response: This comment is outside                    for Reconsideration in the electronic                 curtailment.
                                                  the scope of this rulemaking.                           docket for this rule until after the
                                                     Comment: U.S. Steel stated that EPA                                                                        IV. Revision to Equation for Normally
                                                                                                          comment period had closed. U.S. Steel’s               Distributed but Not Statistically
                                                  should consider delaying finalization of                comment questions the basis for several
                                                  the proposed FIP revision until EPA is                                                                        Independent Data
                                                                                                          of Eric Wagner’s statements regarding
                                                  prepared to promulgate similar                          factors affecting indurating furnace                     The proposal describes the process for
                                                  amendments for all furnaces in the                      operation and NOX emissions. We do                    establishing final emission limits to
                                                  taconite industry.                                      not believe this omission was material,               which the identified facilities shall
                                                     Response: EPA is bound by a                          however, because U.S. Steel is seeking                become subject. As discussed in the
                                                  settlement agreement to finalize the                    information, not challenging or                       proposal, the final limit must be based
                                                  proposed FIP revision by March 18,                      suggesting revisions to the proposal.                 on the 95 percent upper predictive limit
                                                  2016. Furthermore, there have already                      Comment: U.S. Steel stated that EPA                (UPL) using CEMS data compiled over
                                                  considerable delays in the                              should reconsider the partial                         an eight-month testing period. The UPL
                                                  implementation of BART for taconite                     disapproval of Minnesota’s SIP.                       is a statistical technique that examines
                                                  indurating furnaces.                                       Response: This comment is outside                  an existing set of data points and
                                                     Comment: U.S. Steel stated that if                   the scope of this rulemaking.                         predicts the chances (i.e., the
                                                  EPA does not delay finalization of the                     Comment: U.S. Steel stated that, for               probability) of future data points (in this
                                                  proposed FIP revision, EPA should                       each of the affected facilities, there is a           case, emission rates). In general terms,
                                                  continue the stay of effective dates in                 schedule prescribed for installation of               the UPL is a value that is calculated
                                                  the original 2013 FIP pending                           the technology and period to collect                  from a data set that identifies the
                                                  completion of a similar FIP amendment                   data to confirm or adjust the limit based             emission rate that a source is meeting
                                                  for U.S. Steel’s Minntac and Keetac                     upon the data. The period allows for                  and would be expected to meet a
                                                  facilities.                                             eight months of data collection. If an                specified percent of the time that the
                                                     Response: This comment is outside                    affected facility elects to install the               source is operating. In this case, the UPL
                                                  the scope of this rulemaking.                           technology earlier than prescribed by                 will be the emission rate that the
                                                     Comment: U.S. Steel stated that EPA                  rule, the facility should have the ability            taconite facilities are predicted to be
                                                  should clarify that U.S. Steel is part                  to utilize a more robust data set greater             below during 95 out of 100 720-hour
                                                  owner of Hibbing taconite.                              than the eight months specified. Due to               averaging periods. The UPL will be
                                                     Response: EPA acknowledges that                      seasonal variations, a facility should                based on data obtained during an eight-
                                                  U.S. Steel is a part owner of the Hibbing               have the ability to use at a minimum 12               month testing period during which
                                                  facility.                                               months of data if the installation of                 Cliffs and ArcelorMittal are primarily
                                                     Comment: U.S. Steel identified four                  technology occurs prior to the                        focused on operating the controls in a
                                                  points made by EPA with which U.S.                      compliance date.                                      manner that does not adversely affect
                                                  Steel disagrees and could not find                         Response: This notice is intended to               pellet quality, with a wide variability in
                                                  substantiating information in the                       capture the details agreed upon by EPA,               emissions expected. The UPL must be
                                                  docket. These points are: (1) The smaller               Cliffs and ArcelorMittal in a settlement              calculated using an equation based on
                                                  preheat burners at Minntac achieve very                 agreement. This comment comes from a                  the average and variance of a data set,
                                                  low NOX emissions rates (0.1–0.3 lbs                    commenter who was not party to the                    the distribution of the data, the quantity
                                                  NOX/MMBTU) due to a more favorable                      settlement agreement. The detailed                    of data points, and the compliance
                                                  NOX reduction combustion environment                    compliance schedules contained in the                 period (e.g., a 720-hour compliance
                                                  in the preheat zone as compared to the                  proposed FIP are based upon the                       period).
                                                  firing end of the kiln; (2) ported kilns                settlement terms agreed to by Cliffs and                 The settlement agreement and
                                                  significantly change the heat balance of                ArcelorMittal, who operate all of the                 proposed FIP specified three equations
                                                  the furnace; (3) differences in the                     taconite furnaces subject to this FIP. The            for determining the UPL depending
                                                  magnetite content of the ore body used                  eight month testing period that was                   upon whether the data are normally
                                                  by Minntac and United Taconite are                      originally proposed was considered by                 distributed and, if so, whether the data
                                                  significant; and 4) high-stoichiometric                 them to be of sufficient duration to                  are statistically independent or not
                                                  LNBs will require more fuel and result                  evaluate the performance of their                     statistically independent. In the
                                                  in higher NOX emissions.                                control systems and their effect on                   proposal (the equation numbers have
                                                     Response: The basis for the above                    pellet quality. There is therefore no                 been changed in the final), Equation 1
                                                  points questioned by U.S. Steel is                      benefit to extending the testing period               applied to normally distributed,
                                                  presented in the proposed FIP at 80 FR                  when such an extension is not                         statistically independent data sets;
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                                                  64163, which is in turn based upon the                  necessary. The requirements of BART,                  Equation 3 applied to normally
                                                  November 26, 2013 declaration by Eric                   and not the compliance schedule in this               distributed, but not statistically
                                                  Wagner, the Manager of Process                          rule, establish the most appropriate                  independent data sets; and Equation 4,
                                                  Engineering for Metso Minerals Pyro                     compliance schedule to be followed by                 the non-parametric UPL equation,
                                                  Division, a ‘‘global expert in the design               any other taconite facility.                          applied to data sets that do not conform
                                                  of iron ore pelletizing furnaces.’’ This                   Comment: U.S. Steel supported the                  to a specific distribution. EPA’s
                                                  declaration is attached to Cliffs’                      provision allowing Tilden to exclude                  statistical guidance for environmental
                                                  November 26, 2013 Petition for                          emissions data during a natural gas                   applications, the ProUCL User Guide,


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                                                  21680                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                  includes UPL equations for different                                    form of the emission limit would be an                      adjustments, meaning less emission
                                                  types of distributions, as well as a non-                               improper use of the equation. For                           variations and lower emissions overall.
                                                  parametric equation for data sets that do                               instance, calculating the 95 percent non-                   Using the 95 percent UPL ensures that
                                                  not conform to a specific distribution.                                 parametric limit using a data set of                        the final emission limits will be
                                                  The guidance does not, however,                                         ranked one-hour values would establish                      consistent with the actual emission
                                                  include an equation for normally                                        the emission rate (based upon a one-                        reduction capabilities of the BART
                                                  distributed, but not statistically                                      hour average) that the source would be                      controls, as required by 40 CFR 51.301,
                                                  independent (that is, highly correlated)                                predicted to be below during 95 out of                      which defines BART as ‘‘the degree of
                                                  data. Because Cliffs and ArcelorMittal                                  100 one-hour averaging periods, i.e., an                    reduction achievable.’’ We also note that
                                                  were concerned about this latter                                        emission limit based on hourly                              the 720-hour averaging period for the
                                                  category of data, we proposed what was                                  compliance. The resulting emission                          final emission limits will provide
                                                  purported to be an appropriate equation                                 limit would be improper if compliance                       considerable flexibility for the sources.
                                                  for normally distributed, but not                                       is to be based upon a 720-hour average.                     The operators will be able to continually
                                                  statistically independent data (Equation                                Based upon our evaluation of existing                       review CEMS data on an hourly basis
                                                  3). We subsequently found that                                          data sets, using the 95th percentile of                     and make any necessary adjustments
                                                  Equation 3 is not valid for large data                                  the one-hour values to establish a 720-                     over the remaining 719 hours to ensure
                                                  sets, which is what will result from                                    hour average emission limit would                           compliance.
                                                  eight months of hourly data. When we                                    result in a limit that is higher than the
                                                                                                                                                                                      V. What action is EPA taking?
                                                  applied Equation 3 to a large data set,                                 highest 720-hour average in the data
                                                  the resulting UPL was higher than the                                   sets, which is clearly inconsistent with                       For the reasons stated in the proposed
                                                  highest 720-hour average, a nonsensical                                 the purpose of a 95 percent UPL.                            FIP revision and the response to
                                                  and mathematically unreasonable result.                                    To reiterate, the purpose of a 95                        comments, EPA is finalizing the new
                                                  We are therefore eliminating Equation 3                                 percent UPL is to establish an emission                     BART emission limits and related
                                                  from the final FIP. Instead, we are                                     rate that a source is predicted to be                       requirements for taconite furnaces as
                                                  requiring use of the fall back non-                                     below during 95 out of 100 averaging                        proposed, with two exceptions. First,
                                                  parametric equation (Equation 4) for                                    periods. Importantly, however, this does                    EPA is revising the requirement to
                                                  data that are normally distributed, but                                 not mean that the source would be                           report CEMS and pellet quality data at
                                                  not statistically independent.                                          expected to exceed its emission limit                       the end of a period that did not fall
                                                     We are finalizing the non-parametric                                 five percent of the time once the limit                     within the preceding calendar quarter
                                                  equation contained in the proposal with                                 is in place. During the eight-month                         from within 7 days of the close of the
                                                  a clarification regarding the appropriate                               testing period, Cliffs and ArcelorMittal                    period to within 30 days of the close of
                                                  data set to be used. As stated above, the                               will operate their furnaces and the new                     the period. This revision will allow the
                                                  UPL equations are used to determine                                     control technologies in a manner that                       facilities sufficient time to complete the
                                                  emission limits. To correctly calculate                                 will not interfere with pellet quality.                     appropriate laboratory analyses and
                                                  the UPL using the non-parametric                                        The furnace operators will be adjusting                     quality assurance for the data and will
                                                  equation, the data that is ranked from                                  numerous variables to optimize control                      not significantly interfere with
                                                  smallest to highest must be in the same                                 technology performance, which will                          expeditiously setting the final limits.
                                                  form as the emission limit. The final                                   result in higher emissions at times.                        Second, EPA is replacing the incorrect
                                                  emission limits are expressed in terms                                  These periods of higher emissions will                      equation for normally distributed but
                                                  of 720-hour averages, so the ranked data                                factor into the UPL calculation. Once                       not statistically independent data with
                                                  set used in the non-parametric equation                                 the eight-month testing period is over,                     the non-parametric UPL equation,
                                                  must be a set of 720-hour averages as                                   however, the operators will have gained                     which is consistent with EPA guidance.
                                                  well. Using data sets based upon an                                     sufficient experience to run the furnaces                   A summary of our final decision is
                                                  averaging time inconsistent with the                                    and control technologies with fewer                         included in the table below.

                                                                                                  SUMMARY OF FINAL EMISSION LIMITS AND COMPLIANCE SCHEDULES
                                                                                                                          Compliance        NOX limit for             NOX limit for
                                                                               Source                                      schedule         gas/coal mix                gas only                        SO2 limit
                                                                                                                           (months)         (lbs/MMBtu)               (lbs/MMBtu)

                                                  Tilden ..............................................................              60                1.5–2.5              2.8–3.0    500 lbs/hr and 0.6%S.
                                                  Hibbing 1 .........................................................                37    ........................         1.2–1.8
                                                  Hibbing 2 .........................................................                55    ........................         1.2–1.8
                                                  Hibbing 3 .........................................................                60    ........................         1.2–1.8
                                                  UTAC 1 ...........................................................                 37                1.5–2.5              2.8–3.0    529 lbs/hr (combined L1&2) and 1.5%S.
                                                  UTAC 2 ...........................................................                 55                1.5–2.5              2.8–3.0    529 lbs/hr (combined L1&2) and 1.5%S.
                                                  Minorca Mine ..................................................                    55    ........................         1.2–1.8



                                                  VI. Statutory and Executive Order                                       A. Executive Order 12866: Regulatory                        B. Paperwork Reduction Act (PRA)
                                                  Reviews                                                                 Planning and Review and Executive
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                                                                                                                          Order 13563: Improving Regulation and                         This action does not impose an
                                                    Additional information about these                                    Regulatory Review                                           information collection burden under the
                                                  statutes and Executive Orders can be                                                                                                PRA. Because the FIP applies to just
                                                  found at http://www2.epa.gov/laws-                                        This action is exempt from review by                      four facilities, the Paperwork Reduction
                                                  regulations/laws-and-executive-orders.                                  the Office of Management and Budget                         Act does not apply. See 5 CFR 1320.3(c).
                                                                                                                          (OMB) because it is a rule of particular
                                                                                                                          applicability and only affects four
                                                                                                                          facilities.


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                              21681

                                                  C. Regulatory Flexibility Act (RFA)                     economically significant as defined in                enforce its requirements. (See section
                                                     I certify that this action will not have             Executive Order 12866, and because                    307(b)(2).)
                                                  a significant economic impact on a                      EPA does not believe the environmental
                                                                                                                                                                List of Subjects in 40 CFR Part 52
                                                  substantial number of small entities                    health or safety risks addressed by this
                                                  under the RFA. In making this                           action present a disproportionate risk to               Environmental protection, Air
                                                  determination, the impact of concern is                 children. However, to the extent this                 pollution control, Incorporation by
                                                  any significant adverse economic                        rule will limit emissions of NOX and                  reference, Intergovernmental relations,
                                                  impact on small entities. An agency may                 SO2, the rule will have a beneficial                  Nitrogen dioxide, Particulate matter,
                                                  certify that a rule will not have a                     effect on children’s health by reducing               Reporting and recordkeeping
                                                  significant economic impact on a                        air pollution.                                        requirements, Sulfur oxides, Regional
                                                  substantial number of small entities if                                                                       haze, Volatile organic compounds.
                                                                                                          H. Executive Order 13211: Actions
                                                  the rule relieves regulatory burden, has                Concerning Regulations That                             Dated: March 18, 2016.
                                                  no net burden or otherwise has a                        Significantly Affect Energy Supply,                   Gina McCarthy,
                                                  positive economic effect on the small                   Distribution or Use                                   Administrator.
                                                  entities subject to the rule. EPA’s rule                                                                        For the reasons stated in the
                                                  adds additional controls to certain                       This action is not subject to Executive             preamble, 40 CFR chapter I is amended
                                                  sources. The Regional Haze FIP                          Order 13211, because it is not a                      as follows:
                                                  revisions that EPA is promulgating here                 significant regulatory action under
                                                  would impose Federal control                            Executive Order 12866.                                PART 52—APPROVAL AND
                                                  requirements to meet the BART                           I. National Technology Transfer and                   PROMULGATION OF
                                                  requirement for NOX and SO2 emissions                   Advancement Act (NTTAA)                               IMPLEMENTATION PLANS
                                                  on specific units at three sources in
                                                  Minnesota and one in Michigan. The net                    This rulemaking does not involve                    ■ 1. The authority citation for part 52
                                                  result of the FIP action is that EPA is                 technical standards.                                  continues to read as follows:
                                                  requiring emission controls on the                                                                                Authority: 42 U.S.C. 7401 et seq.
                                                                                                          J. Executive Order 12898: Federal
                                                  indurating furnaces at four taconite                                                                          ■ 2. Section 52.1183 is amended by
                                                                                                          Actions To Address Environmental
                                                  furnaces and none of these sources are                                                                        revising paragraphs (k), (l), (m), and (n)
                                                                                                          Justice in Minority Populations and
                                                  owned by small entities, and therefore                                                                        and adding paragraph (p) to read as
                                                                                                          Low-Income Populations
                                                  are not small entities.                                                                                       follows:
                                                  D. Unfunded Mandates Reform Act                           EPA believes the human health or
                                                  (UMRA)                                                  environmental risk addressed by this                  § 52.1183    Visibility protection.
                                                                                                          action will not have potential                        *      *     *    *      *
                                                     This action does not contain any                     disproportionately high and adverse                     (k) Tilden Mining Company, or any
                                                  unfunded mandate as described in                        human health or environmental effects                 subsequent owner/operator of the
                                                  UMRA, 2 U.S.C. 1531–1538, and does                      on minority, low-income or indigenous                 Tilden Mining Company facility in
                                                  not significantly or uniquely affect small              populations. We have determined that                  Ishpeming, Michigan, shall meet the
                                                  governments. The action imposes no                      this rule will not have                               following requirements:
                                                  enforceable duty on any state, local or                 disproportionately high and adverse                     (1) NOX Emission Limits. (i) An
                                                  tribal governments or the private sector.               human health or environmental effects                 emission limit of 2.8 lbs NOX/MMBTU,
                                                  E. Executive Order 13132: Federalism                    on minority or low-income populations                 based on a 720-hour rolling average,
                                                                                                          because it increases the level of                     shall apply to Tilden Grate Kiln Line 1
                                                    This action does not have federalism
                                                                                                          environmental protection for all affected             when burning natural gas, and an
                                                  implications. It will not have substantial
                                                                                                          populations without having any                        emission limit of 1.5 lbs NOX/MMBTU,
                                                  direct effects on the states, on the
                                                                                                          disproportionately high and adverse                   based on a 720-hour rolling average,
                                                  relationship between the national
                                                                                                          human health or environmental effects                 shall apply to Tilden Grate Kiln Line 1
                                                  government and the states, or on the
                                                                                                          on any population, including any                      when burning coal or a mixture of coal
                                                  distribution of power and
                                                                                                          minority or low-income population.                    and natural gas. These emission limits
                                                  responsibilities among the various
                                                  levels of government.                                   K. Congressional Review Act (CRA)                     will become enforceable 60 months after
                                                                                                                                                                May 12, 2016 and only after EPA’s
                                                  F. Executive Order 13175: Consultation                    This rule is exempt from the CRA                    confirmation or modification of the
                                                  and Coordination With Indian Tribal                     because it is a rule of particular                    emission limit in accordance with the
                                                  Governments                                             applicability.                                        procedures set forth in paragraphs
                                                    This action does not have tribal                      L. Judicial Review                                    (k)(1)(ii) through (viii) of this section.
                                                  implications as specified in Executive                                                                          (ii) Compliance with these emission
                                                  Order 13175. It will not have substantial                  Under section 307(b)(1) of the CAA,                limits shall be demonstrated with data
                                                  direct effects on tribal governments.                   petitions for judicial review of this                 collected by a continuous emissions
                                                  Thus, Executive Order 13175 does not                    action must be filed in the United States             monitoring system (CEMS) for NOX. The
                                                  apply to this rule. However, EPA did                    Court of Appeals for the appropriate                  owner or operator must start collecting
                                                  discuss this action on a number of                      circuit by June 13, 2016. Filing a                    CEMS data for NOX upon May 12, 2016
                                                  occasions, including a June 28, 2015,                   petition for reconsideration by the                   and submit the data to EPA no later than
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                                                  conference call with the Michigan and                   Administrator of this final rule does not             30 days from the end of each calendar
                                                  Minnesota tribes.                                       affect the finality of this action for the            quarter. Any remaining data through the
                                                                                                          purposes of judicial review nor does it               end of the 57th month from May 12,
                                                  G. Executive Order 13045: Protection of                 extend the time within which a petition               2016, that does not fall within a
                                                  Children From Environmental Health                      for judicial review may be filed, and                 calendar quarter, must be submitted to
                                                  Risks and Safety Risks                                  shall not postpone the effectiveness of               EPA no later than 30 days from the end
                                                    This action is not subject to Executive               such rule or action. This action may not              of the 57th month. Although CEMS data
                                                  Order 13045 because it is not                           be challenged later in proceedings to                 must continue to be collected, it does


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                                                  21682               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                  not need to be submitted to EPA starting                provide an explanation of causes for                  hour rolling average, and may not
                                                  57 months after May 12, 2016.                           pellet samples that fail to meet the                  exceed 3.0 lbs NOX/MMBTU, based on
                                                     (iii) No later than 48 months from                   acceptable range for any pellet quality               a 720-hour rolling average. The
                                                  May 12, 2016, the owner or operator                     analysis factor. Pellet quality                       confirmed or modified NOX limit for
                                                  must submit to EPA a report, including                  information and data may be submitted                 Tilden Grate Kiln Line 1 when burning
                                                  any final report(s) completed by the                    to EPA as Confidential Business                       coal or a mixture of coal and natural gas
                                                  selected NOX reduction technology                       Information.                                          may be no lower than 1.5 lbs NOX/
                                                  supplier and furnace retrofit engineer,                   (vi) No later than 57 months after May              MMBTU, based on a 720-hour rolling
                                                  containing a detailed engineering                       12, 2016, the owner or operator may                   average, and may not exceed 2.5 lbs
                                                  analysis and modeling of the NOX                        submit to EPA a report to either confirm              NOX/MMBTU, based on a 720-hour
                                                  reduction control technology being                      or modify the NOX limits for Tilden                   rolling average.
                                                  installed on Tilden Grate Kiln Line 1.                  Grate Kiln Line 1 within the upper and                   (viii) If the owner or operator submits
                                                  This report must include a list of all                  lower bounds described below. EPA                     a report proposing a single NOX limit for
                                                  variables that can reasonably be                        will review the report and either                     all fuels, EPA may approve the
                                                  expected to have an impact on NOX                       confirm or modify the NOX limits. If the              proposed NOX limit for all fuels based
                                                  emission control technology                             CEMS data collected during operating                  on a 30-day rolling average. The
                                                  performance, as well as a description of                periods between months 50 and 57 that                 confirmed or modified limit will be
                                                  how these variables can be adjusted to                  both meet pellet quality specifications               established and enforceable within 60
                                                  reduce NOX emissions to meet the NOX                    and proper furnace/burner operation is                months from May 12, 2016.
                                                  design emission limit. This NOX                         normally distributed, the limit                          (2) SO2 Emission Limits. A fuel sulfur
                                                  reduction control technology must be                    adjustment determination shall be based               content limit of no greater than 1.20
                                                  designed to meet emission limits of 2.8                 on the appropriate (depending upon                    percent sulfur content by weight shall
                                                  lbs NOX/MMBTU when burning natural                      whether data are statistically                        apply to fuel combusted in Process
                                                  gas and 1.5 lbs NOX/MMBTU when                          independent or dependent) 95% upper                   Boiler #1 (EUBOILER1) and Process
                                                  burning coal or a mixture of coal and                   predictive limit (UPL) equations in                   Boiler #2 (EUBOILER2) beginning three
                                                  natural gas.                                            paragraph (p) of this section. If the                 months from March 8, 2013. A fuel
                                                     (iv) The NOX reduction control                       CEMS data collected during operating                  sulfur content limit of no greater than
                                                  technology shall be installed on Tilden                 periods between months 50 and 57 that                 1.50 percent sulfur content by weight
                                                  Grate Kiln Line 1 furnace no later than                 both meet pellet quality specifications               shall apply to fuel combusted in the
                                                  50 months from May 12, 2016.                            and proper furnace/burner operation are               Line 1 Dryer (EUDRYER1) beginning 3
                                                     (v) Commencing on the earlier of: Six                not normally distributed, the limit                   months from March 8, 2013. The
                                                  months from the installation of the NOX                 adjustment determination shall be based               sampling and calculation methodology
                                                  reduction control technology or 50                      on the non-parametric equation                        for determining the sulfur content of
                                                  months from May 12, 2016, the owner                     provided in paragraph (p) of this                     fuel must be described in the
                                                  or operator must provide to EPA the                     section. The data set for the                         monitoring plan required at paragraph
                                                  results from pellet quality analyses. The               determination shall exclude periods                   (n)(8)(x) of this section.
                                                  owner or operator shall provide the                     when pellet quality did not fall within                  (3) The owner or operator of the
                                                  results from pellet quality analyses no                 the defined acceptable ranges of the                  Tilden Grate Kiln Line 1 furnace shall
                                                  later than 30 days from the end of each                 pellet quality factors identified pursuant            meet an emission limit of 500 lbs SO2/
                                                  calendar quarter up until 57 months                     to paragraph (k)(1)(v) of this section and            hr based on a 30-day rolling average
                                                  after May 12, 2016. Any remaining                       for any subsequent period when                        beginning six months after May 12,
                                                  results through the end of the 57th                     production had been reduced in                        2016. Compliance with these emission
                                                  month that do not fall within a calendar                response to pellet quality concerns                   limits shall be demonstrated with data
                                                  quarter must be submitted to EPA no                     consistent with Tilden’s ISO 9001                     collected by a continuous emissions
                                                  later than 30 days from the end of the                  operating standards. Any excluded                     monitoring system (CEMS) for SO2. The
                                                  57th month. The pellet quality analyses                 period will commence at the time                      owner or operator must start collecting
                                                  shall include results for the following                 documented on the production log                      CEMS data for SO2 beginning six
                                                  factors: Compression, reducibility,                     demonstrating pellet quality did not fall             months after May 12, 2016 and submit
                                                  before tumble, after tumble, and low                    within the defined acceptable range and               the data to EPA no later than 30 days
                                                  temperature disintegration. For each of                 shall end when pellet quality within the              from the end of each calendar quarter.
                                                  the pellet quality analysis factors the                 defined acceptable range has been re-                 The Tilden Grate Kiln Line 1 furnace
                                                  owner or operator must explain the                      established at planned production                     shall not be limited to natural gas fuel.
                                                  pellet quality analysis factor as well as               levels, which will be presumed to be the              Beginning six months after May 12,
                                                  the defined acceptable range for each                   level that existed immediately prior to               2016, any coal burned on Tilden Grate
                                                  factor using the applicable product                     the reduction in production due to                    Kiln Line 1 shall have no more than
                                                  quality standards based upon                            pellet quality concerns. EPA may also                 0.60 percent sulfur by weight based on
                                                  customers’ pellet specifications that are               exclude data where operations are                     a monthly block average. The sampling
                                                  contained in Tilden’s ISO 9001 quality                  inconsistent with the reported design                 and calculation methodology for
                                                  management system. The owner or                         parameters of the NOX reduction control               determining the sulfur content of coal
                                                  operator shall provide pellet quality                   technology that were installed.                       must be described in the monitoring
                                                  analysis testing results that state the                   (vii) EPA will take final agency action             plan required for this furnace. The
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                                                  date and time of the analysis and, in                   by publishing its final confirmation or               owner or operator must calculate an SO2
                                                  order to define the time period when                    modification of the NOX limits in the                 limit based on 12 continuous months of
                                                  pellets were produced outside of the                    Federal Register no later than 60                     CEMS emissions data and submit such
                                                  defined acceptable range for the pellet                 months after May 12, 2016. The                        limit, calculations, and CEMS data to
                                                  quality factors listed, provide copies of               confirmed or modified NOX limit for                   EPA no later than 36 months after May
                                                  the production logs that document the                   Tilden Grate Kiln Line 1 when burning                 12, 2016. If the submitted CEMS SO2
                                                  starting and ending times for such                      only natural gas may be no lower than                 hourly data are normally distributed,
                                                  periods. The owner or operator shall                    2.8 lbs NOX/MMBTU, based on a 720-                    the SO2 lbs/hr emission rate shall be


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                        21683

                                                  based on the appropriate (depending                     needed for the owner or operator to                   requirements at paragraphs (l)(4)(viii)(A)
                                                  upon whether data are statistically                     demonstrate compliance with                           through (C) of this section.
                                                  independent or dependent) 99% upper                     applicable emission limits in units of                   (A) Complete a minimum of one cycle
                                                  predictive limit (UPL) equation. If the                 the standards.                                        of operation (sampling, analyzing, and
                                                  submitted CEMS SO2 hourly data are                         (4) For purposes of this section, all              data recording) for each successive 15-
                                                  not normally distributed, the SO2 lbs/hr                CEMS required by this section must                    minute quadrant of an hour.
                                                  emission rate shall be based on the non-                meet the requirements of paragraphs                      (B) Sample, analyze, and record
                                                  parametric equation provided in                         (l)(4)(i) through (xiv) of this section.              emissions data for all periods of process
                                                  paragraph (p) of this section.                             (i) All CEMS must be installed,                    operation except as described in
                                                  Compliance with the SO2 lbs/hr                          certified, calibrated, maintained, and                paragraph (l)(4)(viii)(C) of this section.
                                                  emission rate shall be determined on a                  operated in accordance with 40 CFR                       (C) When emission data from CEMS
                                                  30-day rolling average basis. EPA will                  part 60, appendix B, Performance                      are not available due to continuous
                                                  take final agency action by publishing a                Specification 2 (PS–2) and appendix F,                monitoring system breakdowns, repairs,
                                                  confirmation or modification of the SO2                 Procedure 1.                                          calibration checks, or zero and span
                                                  limit in the Federal Register no later                     (ii) All CEMS associated with                      adjustments, emission data must be
                                                  than 39 months after May 12, 2016. EPA                  monitoring NOX (including the NOX                     obtained using other monitoring
                                                  may adjust the 500 lbs SO2/hr limit                     monitor and necessary diluent and flow                systems or emission estimation methods
                                                  downward to reflect the calculated SO2                  rate monitors) must be installed and                  approved by the EPA. The other
                                                  emission rate; however, EPA will not                    operational upon May 12, 2016. All                    monitoring systems or emission
                                                  increase the SO2 limit above 500 lbs                    CEMS associated with monitoring SO2                   estimation methods to be used must be
                                                  SO2/hr.                                                 must be installed and operational no                  incorporated into the monitoring plan
                                                     (4) Starting 26 months from May 12,                  later than six months after May 12,                   required by this section and provide
                                                  2016, records shall be kept for any day                 2016. Verification of the CEMS                        information such that emissions data are
                                                  during which fuel oil is burned as fuel                 operational status shall, as a minimum,               available for a minimum of 18 hours in
                                                  (either alone or blended with other                     include completion of the                             each 24-hour period and at least 22 out
                                                  fuels) in Grate Kiln Line 1. These                      manufacturer’s written requirements or                of 30 successive unit operating days.
                                                  records must include, at a minimum,                     recommendations for installation,                        (ix) Owners or operators of each
                                                  the gallons of fuel oil burned per hour,                operation, and calibration of the                     CEMS required by this section must
                                                  the sulfur content of the fuel oil, and the             devices.                                              reduce all data to 1-hour averages.
                                                  SO2 emissions in pounds per hour.                          (iii) The owner or operator must                   Hourly averages shall be computed
                                                     (5) Starting 26 months from May 12,                  conduct a performance evaluation of                   using all valid data obtained within the
                                                  2016, the SO2 limit for Grate Kiln Line                 each CEMS in accordance with 40 CFR                   hour but no less than one data point in
                                                  1 does not apply for any hour in which                  part 60, appendix B, PS–2. The                        each 15-minute quadrant of an hour.
                                                  it is documented that there is a natural                performance evaluations must be                       Notwithstanding this requirement, an
                                                  gas curtailment beyond Cliffs’ control                  completed no later than 60 days after                 hourly average may be computed from
                                                  necessitating that the supply of natural                the respective CEMS installation.                     at least two data points separated by a
                                                  gas to Tilden’s Line 1 indurating furnace                  (iv) The owner or operator of each                 minimum of 15 minutes (where the unit
                                                  is restricted or eliminated. Records must               CEMS must conduct periodic Quality                    operates for more than one quadrant in
                                                  be kept of the cause of the curtailment                 Assurance, Quality Control (QA/QC)                    an hour) if data are unavailable as a
                                                  and duration of such curtailment.                       checks of each CEMS in accordance                     result of performance of calibration,
                                                  During such curtailment, the use of                     with 40 CFR part 60, appendix F,                      quality assurance, preventive
                                                  backup coal is restricted to coal with no               Procedure 1. The first CEMS accuracy                  maintenance activities, or backups of
                                                  greater than 0.60 percent sulfur by                     test will be a relative accuracy test audit           data from data acquisition and handling
                                                  weight.                                                 (RATA) and must be completed no later                 systems and recertification events.
                                                     (l) Testing and monitoring. (1) The                  than 60 days after the respective CEMS                   (x) The 30-day rolling average
                                                  owner or operator shall install, certify,               installation.                                         emission rate determined from data
                                                  calibrate, maintain, and operate a CEMS                    (v) The owner or operator of each                  derived from the CEMS required by this
                                                  for NOX on Tilden Grate Kiln Line 1.                    CEMS must furnish the Regional                        section (in lbs/MMBTU or lbs/hr
                                                  Compliance with the emission limits for                 Administrator two, or upon request,                   depending on the emission standard
                                                  NOX shall be determined using data                      more copies of a written report of the                selected) must be calculated in
                                                  from the CEMS.                                          results of each performance evaluation                accordance with paragraphs (l)(4)(x)(A)
                                                     (2) The owner or operator shall                      and QA/QC check within 60 days of                     through (F) of this section.
                                                  install, certify, calibrate, maintain, and              completion.                                              (A) Sum the total pounds of the
                                                  operate a CEMS for SO2 on Tilden Grate                     (vi) The owner or operator of each                 pollutant in question emitted from the
                                                  Kiln Line 1. Compliance with the                        CEMS must check, record, and quantify                 unit during an operating day and the
                                                  emission standard selected for SO2 shall                the zero and span calibration drifts at               previous 29 operating days.
                                                  be determined using data from the                       least once daily (every 24 hours) in                     (B) Sum the total heat input to the
                                                  CEMS.                                                   accordance with 40 CFR part 60,                       unit (in MMBTU) or the total actual
                                                     (3) The owner or operator shall                      appendix F, Procedure 1, Section 4.                   hours of operation (in hours) during an
                                                  install, certify, calibrate, maintain, and                 (vii) Except for CEMS breakdowns,                  operating day and the previous 29
                                                  operate one or more continuous diluent                  repairs, calibration checks, and zero and             operating days.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  monitor(s) (O2 or CO2) and continuous                   span adjustments, all CEMS required by                   (C) Divide the total number of pounds
                                                  flow rate monitor(s) on Tilden Grate                    this section shall be in continuous                   of the pollutant in question emitted
                                                  Kiln Line 1 to allow conversion of the                  operation during all periods of process               during the 30 operating days by the total
                                                  NOX and SO2 concentrations to units of                  operation of the indurating furnaces,                 heat input (or actual hours of operation
                                                  the standard (lbs/MMBTU and lbs/hr,                     including periods of process unit                     depending on the emission limit
                                                  respectively) unless a demonstration is                 startup, shutdown, and malfunction.                   selected) during the 30 operating days.
                                                  made that a diluent monitor and                            (viii) All CEMS required by this                      (D) For purposes of this calculation,
                                                  continuous flow rate monitor are not                    section must meet the minimum data                    an operating day is any day during


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                                                  21684               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                  which fuel is combusted in the BART                     accuracy audits/procedures, periodic                  standard. The owner or operator shall
                                                  affected unit regardless of whether                     performance evaluations, and a                        convert the monitored data into the
                                                  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 five                    owner or operator may use an alternate
                                                  number of pounds of the pollutant in                    years 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 two 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                 on CEMS data), depending on the
                                                  CEMS required by this section uses an                   three 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. (1) All
                                                  calculated in accordance with                           CEMS required by this section.                        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
                                                  calculation must be done separately for                 cause of excess emissions from                        paragraphs (n)(2)(i) through (viii) of this
                                                  each fuel type (either for natural gas or               occurring again.                                      section. If acceptable to both the
                                                  mixed coal and natural gas).                               (vi) Records of all CEMS data                      Regional Administrator and the owner
                                                     (xii) Data substitution must not be                  including, as a minimum, the date,                    or 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
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  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
                                                  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.


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                         21685

                                                     (iii) A notification of the date the                 corrective action for a malfunctioning                   (v) A record of each period of a
                                                  construction of control devices and                     process and air pollution control and                 startup, shutdown, or malfunction
                                                  installation of burners required by this                monitoring equipment used to comply                   during the reporting period and a
                                                  section is complete postmarked no later                 with the relevant standard. The plan                  description of the actions the owner or
                                                  than 30 days after the completion date.                 must ensure that, at all times, the owner             operator took to minimize or eliminate
                                                     (iv) A notification of the date the                  or operator operates and maintains each               emissions arising as a result of the
                                                  installation of each CEMS required by                   affected source, including associated air             startup, shutdown, or malfunction and
                                                  this section is complete postmarked no                  pollution control and monitoring                      whether those actions were or were not
                                                  later than 30 days after the completion                 equipment, in a manner which satisfies                consistent with the source’s startup,
                                                  date.                                                   the general duty to minimize or                       shutdown, and malfunction plan.
                                                     (v) A notification of the date control               eliminate emissions using good air                       (vi) A statement identifying whether
                                                  devices and burners installed by this                   pollution control practices. The plan                 there were or were not any deviations
                                                  section startup postmarked no later than                must ensure that owners or operators                  from the requirements of this section
                                                  30 days after the startup date.                         are prepared to correct malfunctions as               during the reporting period. If there
                                                     (vi) A notification of the date CEMS                 soon as practicable after their                       were deviations from the requirements
                                                  required by this section postmarked no                  occurrence.                                           of this section during the reporting
                                                  later than 30 days after the startup date.                 (4) The written reports of the results             period, then the compliance report must
                                                     (vii) A notification of the date upon                of each performance evaluation and QA/                describe in detail the deviations which
                                                  which the initial CEMS performance                      QC check in accordance with and as                    occurred, the causes of the deviations,
                                                  evaluations are planned. This                           required in paragraph (l)(4)(v) of this               actions taken to address the deviations,
                                                  notification must be submitted at least                 section.                                              and procedures put in place to avoid
                                                  60 days before the performance                             (5) Compliance reports. The owner or               such deviations in the future. If there
                                                  evaluation is scheduled to begin.                       operator of each BART affected unit                   were no deviations from the
                                                     (viii) A notification of initial                     must submit semiannual compliance                     requirements of this section during the
                                                  compliance signed by the responsible                    reports. The semiannual compliance                    reporting period, then the compliance
                                                  official, who shall certify its accuracy,               reports must be submitted in accordance               report must include a statement that
                                                  attesting to whether the source has                     with paragraphs (n)(5)(i) through (iv) of             there were no deviations. For purposes
                                                  complied with the requirements of this                  this section, unless the Regional                     of this section, deviations include, but
                                                  section, including, but not limited to,                 Administrator has approved a different                are not limited to, emissions in excess
                                                  applicable emission standards, control                  schedule.                                             of applicable emission standards
                                                  device and burner installations, and                       (i) The first compliance report must               established by this section, failure to
                                                  CEMS installation and certification.                    cover the period beginning on the                     continuously operate an air pollution
                                                  This notification must be submitted                     compliance date that is specified for the             control device in accordance with
                                                  before the close of business on the 60th                affected source through June 30 or                    operating requirements designed to
                                                  calendar day following the completion                   December 31, whichever date comes                     assure compliance with emission
                                                  of the compliance demonstration and                     first after the compliance date that is               standards, failure to continuously
                                                  must include, at a minimum, the                         specified for the affected source.                    operate CEMS required by this section,
                                                  information in paragraphs (n)(2)(viii)(A)                  (ii) The first compliance report must              and failure to maintain records or
                                                  through (F) of this section.                            be postmarked no later than 30 calendar               submit reports required by this section.
                                                     (A) The methods used to determine                                                                             (7) Each owner or operator of a CEMS
                                                                                                          days after the reporting period covered
                                                  compliance.                                                                                                   required by this section must submit
                                                     (B) The results of any CEMS                          by that report (July 30 or January 30),
                                                                                                          whichever comes first.                                quarterly excess emissions and
                                                  performance evaluations and other                                                                             monitoring system performance reports
                                                  monitoring procedures or methods that                      (iii) Each subsequent compliance
                                                                                                          report must cover the semiannual                      to the Regional Administrator for each
                                                  were conducted.                                                                                               pollutant monitored for each BART
                                                     (C) The methods that will be used for                reporting period from January 1 through
                                                                                                          June 30 or the semiannual reporting                   affected unit monitored. All reports
                                                  determining continuing compliance,                                                                            must be postmarked by the 30th day
                                                  including a description of monitoring                   period from July 1 through December
                                                                                                          31.                                                   following the end of each 3-month
                                                  and reporting requirements and test                                                                           period of a calendar year (January–
                                                  methods.                                                   (iv) Each subsequent compliance
                                                                                                          report must be postmarked no later than               March, April–June, July–September,
                                                     (D) The type and quantity of air
                                                                                                          30 calendar days after the reporting                  October–December) and must include,
                                                  pollutants emitted by the source,
                                                                                                          period covered by that report (July 30 or             at a minimum, the requirements of
                                                  reported in units of the standard.
                                                                                                          January 30).                                          paragraphs (n)(7)(i) through (xv) of this
                                                     (E) A description of the air pollution
                                                                                                             (6) Compliance report contents. Each               section.
                                                  control equipment and burners installed                                                                          (i) Company name and address.
                                                  as required by this section for each                    compliance report must include the
                                                                                                                                                                   (ii) Identification and description of
                                                  emission point.                                         information in paragraphs (n)(6)(i)
                                                                                                                                                                the process unit being monitored.
                                                     (F) A statement by the owner or                      through (vi) of this section.
                                                                                                                                                                   (iii) The dates covered by the
                                                  operator as to whether the source has                      (i) Company name and address.                      reporting period.
                                                  complied with the relevant standards                       (ii) Statement by a responsible                       (iv) Total source operating hours for
                                                  and other requirements.                                 official, with the official’s name, title,            the reporting period.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                     (3) The owner or operator must                       and signature, certifying the truth,                     (v) Monitor manufacturer, monitor
                                                  develop and implement a written                         accuracy, and completeness of the                     model number, and monitor serial
                                                  startup, shutdown, and malfunction                      content of the report.                                number.
                                                  plan for NOX and SO2. The plan must                        (iii) Date of report and beginning and                (vi) Pollutant monitored.
                                                  include, at a minimum, procedures for                   ending dates of the reporting period.                    (vii) Emission limitation for the
                                                  operating and maintaining the source                       (iv) Identification of the process unit,           monitored pollutant.
                                                  during periods of startup, shutdown,                    control devices, and CEMS covered by                     (viii) Date of latest CEMS certification
                                                  and malfunction and a program of                        the compliance report.                                or audit.


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                                                  21686               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                     (ix) A description of any changes in                 period and no additional excess                       reporting period and includes, at a
                                                  continuous monitoring systems,                          emissions are calculated until 360 hours              minimum, the information in
                                                  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 paragraph (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 this section, an                 by the total BART affected unit                          (xiii) A table which identifies each
                                                  excess emission is defined as any 30-                   operating days for the reporting period,              period of monitor downtime for the
                                                  day or 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
                                                  and malfunction, during which the 30-                   reporting period. An operating day, as                paragraphs (n)(7)(xiii)(A) through (D) of
                                                  day or 720-hour (as appropriate) rolling                defined previously, is any day during                 this section.
                                                  average emissions of either regulated                                                                            (A) The date of each period of monitor
                                                                                                          which fuel is fired in the BART affected
                                                  pollutant (SO2 and NOX), as measured                                                                          downtime.
                                                                                                          unit for any period of time. Because of                  (B) The beginning and end time of
                                                  by a CEMS, exceeds the applicable                       the possible overlap of 30-day rolling                each period of monitor downtime.
                                                  emission standards in this section.                     average excess emissions across                          (C) The cause of the period of monitor
                                                     (B)(1) For purposes of this section, if              quarters, there are some situations                   downtime.
                                                  a facility calculates a 30-day rolling                  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                  problems where excess emissions occur                 downtime and prevent such downtime
                                                  days of excess emissions. If the                        for nearly every day during a reporting               from occurring again.
                                                  following 30-day rolling average                        period.                                                  (xiv) If there were no periods of
                                                  emission rate is calculated and found to                   (xi) A table summarizing the total                 excess emissions during the reporting
                                                  exceed the applicable emission                          duration of monitor downtime, as                      period, then the excess emission report
                                                  standards of this section as well, then it              defined in paragraph (n)(7)(xi)(A) of this            must include a statement which says
                                                  will add one more day to the total days                 section, for the reporting period broken              there were no periods of excess
                                                  of excess emissions (i.e. 31 days).                     down by the cause of the monitor                      emissions during this reporting period.
                                                  Similarly, if an excess emission is                     downtime (monitor equipment                              (xv) If there were no periods of
                                                  calculated for a 30-day rolling average                 malfunctions, non-monitor equipment                   monitor downtime, except for daily zero
                                                  period and no additional excess                         malfunctions, quality assurance                       and span checks, during the reporting
                                                  emissions are calculated until 15 days                  calibration, other known causes,                      period, then the excess emission report
                                                  after the first, then that new excess                   unknown causes), and the total percent                must include a statement which says
                                                  emission will add 15 days to the total                  of monitor downtime (for all causes) for              there were no periods of monitor
                                                  days of excess emissions (i.e. 30 + 15 =                the reporting period calculated as                    downtime during this reporting period
                                                  45). For purposes of this section, if an                described in paragraph (n)(7)(xi)(B) of               except for the daily zero and span
                                                  excess emission is calculated for any                   this section.                                         checks.
                                                  period of time within a reporting period,                  (A) For purposes of this section,                     (8) The owner or operator of each
                                                  there will be no fewer than 30 days of                  monitor downtime is defined as any                    CEMS required by this section must
                                                  excess emissions but there should be no                 period of time (in hours) during which                develop and submit for review and
                                                  more than 121 days of excess emissions                  the required monitoring system was not                approval by the Regional Administrator
                                                  for a reporting period.                                 measuring emissions from the BART                     a site specific monitoring plan. The
                                                     (2) For purposes of this section, if a               affected unit. This includes any period               purpose of this monitoring plan is to
                                                  facility calculates a 720-hour rolling                  of CEMS QA/QC, daily zero and span                    establish procedures and practices
                                                  average emission rate in accordance                     checks, and similar activities.                       which will be implemented by the
                                                  with this section which exceeds the                        (B) For purposes of this section, the              owner or operator in its effort to comply
                                                  applicable emission standards of this                   total percent of monitor downtime will                with the monitoring, recordkeeping, and
                                                  section, then it will be considered 30                  be determined by summing all periods                  reporting requirements of this section.
                                                  days of excess emissions. If the 24th                   of monitor downtime (in hours) for the                The monitoring plan must include, at a
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  following 720-hour rolling average                      reporting period, dividing that number                minimum, the information in
                                                  emission rate is calculated and found to                by the total number of BART affected                  paragraphs (n)(8)(i) through (x) of this
                                                  exceed the applicable emission                          unit operating hours for the reporting                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


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                       21687

                                                  describing how those objectives will be                 Assessment: Statistical Methods for                   emission limit will become enforceable
                                                  met.                                                    Practitioners EPA QA/G–9S.                            37 months after May 12, 2016 and only
                                                     (iii) Information on any emission                      (ii) Alternative to Rank von Neumann                after EPA’s confirmation or modification
                                                  factors used in conjunction with the                    test to determine if data are dependent,              of the emission limit in accordance with
                                                  CEMS required by this section to                        data are dependent if t test value is                 the procedures set forth in paragraphs
                                                  calculate emission rates and a                          greater than t critical value, where:                 (b)(1)(ii)(A)(2) through (7) of this
                                                  description of how those emission                                                                             section.
                                                  factors were determined.                                                                                         (2) Compliance with this emission
                                                     (iv) A description of methods to be                                                                        limit will be demonstrated with data
                                                  used to calculate emission rates when                                                                         collected by a continuous emissions
                                                  CEMS data are not available due to                                                                            monitoring system (CEMS) for NOX. The
                                                  downtime associated with QA/QC                          r = correlation between data points                   owner or operator of Hibbing Line 1
                                                  events.                                                 t critical = t[(n¥2),(0.95)] = t score, the two-      must install a CEMS for NOX and SO2
                                                                                                                tailed t value of the Student’s t
                                                     (v) A description of the QA/QC                                                                             within six months from May 12, 2016.
                                                                                                                distribution for a specific degree of
                                                  program to be implemented by the                              freedom (n¥2) and a confidence level            The owner or operator must start
                                                  owner or operator of CEMS required by                         (0.95)                                          collecting CEMS data and submit the
                                                  this section. This can be the QA/QC                                                                           data to EPA no later than 30 days from
                                                  program developed in accordance with                      (iii) The Anderson-Darling normality                the end of each calendar quarter after
                                                  40 CFR part 60, appendix F, Procedure                   test is used to establish whether the data            that installation deadline. Any
                                                  1, Section 3.                                           are normally distributed. That is, a                  remaining data through the end of the
                                                     (vi) A list of spare parts for CEMS                  distribution is considered to be                      34th month from May 12, 2016, that
                                                  maintained on site for system                           normally distributed when p > 0.05.                   does not fall within a calendar quarter,
                                                  maintenance and repairs.                                  (2) Non-parametric equation for data                must be submitted to EPA no later than
                                                     (vii) A description of the procedures                not normally distributed and normally                 30 days from the end of the 34th month.
                                                  to be used to calculate 30-day rolling                  distributed but not statistically                     Although CEMS data must continue to
                                                  averages and 720-hour rolling averages                  independent.                                          be collected, it does not need to be
                                                  and example calculations which show                     m = (n + 1) * a                                       submitted to EPA starting 34 months
                                                  the algorithms used by the CEMS to                      m = the rank of the ordered data point, when          after May 12, 2016.
                                                  calculate 30-day rolling averages and                       data are sorted smallest to largest. The             (3) No later than 24 months after May
                                                  720-hour rolling averages.                                  data points are 720-hour averages for             12, 2016 the owner or operator must
                                                     (viii) A sample of the document to be                    establishing NOX limits.                          submit to EPA a report, including any
                                                  used for the quarterly excess emission                  n = number of data points (e.g., 5040 720-            final report(s) completed by the selected
                                                  reports required by this section.                           hourly averages for eight months of valid         NOX reduction technology supplier and
                                                     (ix) A description of the procedures to                  NOX lbs/MMBTU values)                             furnace retrofit engineer, containing a
                                                  be implemented to investigate root                      a = 0.95, to reflect the 95th percentile              detailed engineering analysis and
                                                  causes of excess emissions and monitor                    If m is a whole number, then the                    modeling of the NOX reduction control
                                                  downtime and the proposed corrective                    limit, UPL, shall be computed as:                     technology being installed on Hibbing
                                                  actions to address potential root causes                                                                      Line 1. The NOX reduction control
                                                                                                          UPL = Xm
                                                  of excess emissions and monitor                                                                               technology must be designed to meet an
                                                  downtime.                                               Where:                                                emission limit of 1.2 lbs NOX/MMBTU.
                                                     (x) A description of the sampling and                Xm = value of the mth data point in terms of          This report must include a list of all
                                                  calculation methodology for                                 lbs SO2/hr or lbs NOX/MMBTU, when                 process and control technology
                                                  determining the percent sulfur by                           the data are sorted smallest to largest.          variables that can reasonably be
                                                  weight as a monthly block average for                     If m is not a whole number, the limit               expected to have an impact on NOX
                                                  coal used during that month.                            shall be computed by linear                           emissions control technology
                                                     (p) Equations for establishing the                   interpolation according to the following              performance, as well as a description of
                                                  upper predictive limit—(1) Equation for                 equation.                                             how these variables can be adjusted to
                                                  normal distribution and statistically                                                                         reduce NOX emissions to meet the NOX
                                                                                                          UPL = xm = xmi·md = xmi + 0.md
                                                  independent data.                                                                                             design emission limit.
                                                                                                               (xmi∂1¥xmi)
                                                                                                                                                                   (4) The NOX reduction control
                                                                                                          Where:                                                technology shall be installed on Hibbing
                                                                                                          mi = the integer portion of m, i.e., m                Line 1 furnace no later than 26 months
                                                                                                              truncated at zero decimal places, and             after May 12, 2016.
                                                                                                          md = the decimal portion of m                            (5) Commencing on the earlier of: Six
                                                  Where:                                                                                                        months from the installation of the NOX
                                                  x = average or mean of hourly test run data;
                                                                                                          ■ 3. Section 52.1235 is amended by
                                                                                                          revising paragraphs (b)(1)(ii), (b)(1)(iv),           reduction control technology; or 26
                                                  t[(n¥1),(0.95)] = t score, the one-tailed t value of                                                          months from May 12, 2016, the owner
                                                       the Student’s t distribution for a specific        (b)(1)(v), (b)(2)(iv), (c), (d), and (e) and
                                                                                                          by adding paragraph (f) to read as                    or operator must provide to EPA the
                                                       degree of freedom (n¥1) and a
                                                       confidence level (0.95; 0.99 for Tilden            follows:                                              results from pellet quality analyses. The
                                                       SO2)                                                                                                     owner or operator shall provide the
                                                  s2 = variance of the hourly data set;                   § 52.1235    Regional haze.                           results from pellet quality analyses no
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  n = number of values (e.g. 5,760 if 8 months            *       *   *     *     *                             later than 30 days from the end of each
                                                       of valid lbs NOX/MMBTU hourly values)                (b)                                                 calendar quarter up until 34 months
                                                  m = number of values used to calculate the                (1) * * *                                           after May 12, 2016. Any remaining
                                                                                                                                                                                                            ER12AP16.001</GPH>




                                                       test average (m = 720 as per averaging               (ii) Hibbing Taconite Company—(A)                   results through the end of the 34th
                                                       time)                                              Hibbing Line 1. (1) An emission limit of              month from May 12, 2016, that do not
                                                    (i) To determine if statistically                     1.2 lbs NOX/MMBTU, based on a 30-day                  fall within a calendar quarter, must be
                                                  independent, use the Rank von                           rolling average, shall apply to Hibbing               submitted to EPA no later than 30 days
                                                                                                                                                                                                            ER12AP16.000</GPH>




                                                  Neumann Test on p. 137 of data Quality                  Line 1 when burning natural gas. This                 from the end of the 34th month. The


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                                                  21688               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                  pellet quality analyses shall include                   Any excluded period will commence at                  Line 2. The NOX reduction control
                                                  results for the following factors:                      the time documented on the production                 technology must be designed to meet an
                                                  Compression, reducibility, before                       log demonstrating that pellet quality did             emission limit of 1.2 lbs NOX/MMBTU.
                                                  tumble, after tumble, low temperature                   not fall within the defined acceptable                This report must include a list of all
                                                  disintegration, and swelling. For each of               range and shall end when pellet quality               process and control technology
                                                  the pellet quality analysis factors, the                within the defined acceptable range has               variables that can reasonably be
                                                  owner or operator must explain the                      been re-established at planned                        expected to have an impact on NOX
                                                  pellet quality analysis factor, as well as              production levels, which will be                      emissions control technology
                                                  the defined acceptable range for each                   presumed to be the level that existed                 performance, as well as a description of
                                                  factor using the applicable product                     immediately prior to the reduction in                 how these variables can be adjusted to
                                                  quality standards based upon                            production due to pellet quality                      reduce NOX emissions to meet the NOX
                                                  customers’ pellet specifications that are               concerns. EPA may also exclude data                   design emission limit.
                                                  contained in Hibbing’s ISO 9001 quality                 where operations are inconsistent with                   (4) The NOX reduction control
                                                  management system. The owner or                         the reported design parameters of the                 technology shall be installed on Hibbing
                                                  operator shall provide pellet quality                   NOX reduction control technology                      Line 2 furnace no later than 44 months
                                                  analysis testing results that state the                 installed.                                            after May 12, 2016.
                                                  date and time of the analysis and, in                      (7) EPA will take final agency action                 (5) Commencing on the earlier of: Six
                                                  order to define the time period when                    by publishing its final confirmation or               months from the installation of the NOX
                                                  pellets were produced outside of the                    modification of the NOX limit in the                  reduction control technology; or 44
                                                  defined acceptable range for the pellet                 Federal Register no later than 37                     months from May 12, 2016, the owner
                                                  quality factors listed, provide copies of               months after May 12, 2016. The                        or operator must provide to EPA the
                                                  the production logs that document the                   confirmed or modified NOX limit for                   results from pellet quality analyses. The
                                                  starting and ending times for such                      Hibbing Line 1 when burning only                      owner or operator shall provide the
                                                  periods. The owner or operator shall                    natural gas may be no lower than 1.2 lbs              results from pellet quality analyses no
                                                  provide an explanation of causes for                    NOX/MMBTU, based on a 30-day rolling                  later than 30 days from the end of each
                                                  pellet samples that fail to meet the                    average, and may not exceed 1.8 lbs                   calendar quarter up until 52 months
                                                  acceptable range for any pellet quality                 NOX/MMBTU, based on a 30-day rolling                  after May 12, 2016. Any remaining
                                                  analysis factor. Pellet quality                         average.                                              results through the end of the 52nd
                                                  information and data may be submitted                      (B) Hibbing Line 2. (1) An emission                month from May 12, 2016, that do not
                                                  to EPA as Confidential Business                         limit of 1.2 lbs NOX/MMBTU, based on                  fall within a calendar quarter, must be
                                                  Information.                                            a 30-day rolling average, shall apply to              submitted to EPA no later than 30 days
                                                                                                          Hibbing Line 2 when burning natural                   from the end of the 52nd month. The
                                                    (6) No later than 34 months after May                 gas. This emission limit will become                  pellet quality analyses shall include
                                                  12, 2016, the owner or operator may                     enforceable 55 months after May 12,                   results for the following factors:
                                                  submit to EPA a report to either confirm                2016 and only after EPA’s confirmation                Compression, reducibility, before
                                                  or modify the NOX limits for Hibbing                    or modification of the emission limit in              tumble, after tumble, low temperature
                                                  Line 1 furnace within the upper and                     accordance with the procedures set                    disintegration, and swelling. For each of
                                                  lower bounds described below. EPA                       forth in paragraphs (b)(1)(ii)(B)(2)                  the pellet quality analysis factors, the
                                                  will review the report and either                       through (7) of this section.                          owner or operator must explain the
                                                  confirm or modify the NOX limits. If the                   (2) Compliance with this emission                  pellet quality analysis factor, as well as
                                                  CEMS data collected during operating                    limit will be demonstrated with data                  the defined acceptable range for each
                                                  periods between months 26 and 34 that                   collected by a continuous emissions                   factor using the applicable product
                                                  both meet pellet quality specifications                 monitoring system (CEMS) for NOX. The                 quality standards based upon
                                                  and proper furnace/burner operation is                  owner or operator of Hibbing Line 2                   customers’ pellet specifications that are
                                                  normally distributed, the limit                         must install a CEMS for NOX and SO2                   contained in Hibbing’s ISO 9001 quality
                                                  adjustment determination shall be based                 within six months from May 12, 2016.                  management system. The owner or
                                                  on the appropriate (depending upon                      The owner or operator must start                      operator shall provide pellet quality
                                                  whether data are statistically                          collecting CEMS data and submit the                   analysis testing results that state the
                                                  independent or dependent) 95% upper                     data to EPA no later than 30 days from                date and time of the analysis and, in
                                                  predictive limit (UPL) equations in                     the end of each calendar quarter after                order to define the time period when
                                                  paragraph (f) of this section. If the CEMS              that installation deadline. Any                       pellets were produced outside of the
                                                  data collected during operating periods                 remaining data through the end of the                 defined acceptable range for the pellet
                                                  between months 26 and 34 that both                      52nd month from May 12, 2016, that                    quality factors listed, provide copies of
                                                  meet pellet quality specifications and                  does not fall within a calendar quarter,              the production logs that document the
                                                  proper furnace/burner operation are not                 must be submitted to EPA no later than                starting and ending times for such
                                                  normally distributed, the limit                         30 days from the end of the 52nd                      periods. The owner or operator shall
                                                  adjustment determination shall be based                 month. Although CEMS data must                        provide an explanation of causes for
                                                  on the non-parametric equation                          continue to be collected, it does not                 pellet samples that fail to meet the
                                                  provided in paragraph (f) of this section.              need to be submitted to EPA starting 52               acceptable range for any pellet quality
                                                  The data set for the determination shall                months after May 12, 2016.                            analysis factor. Pellet quality
                                                  exclude periods when pellet quality did                    (3) No later than 42 months after May              information and data may be submitted
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  not fall within the defined acceptable                  12, 2016 the owner or operator must                   to EPA as Confidential Business
                                                  ranges of the pellet quality factors                    submit to EPA a report, including any                 Information.
                                                  identified pursuant to paragraph                        final report(s) completed by the selected                (6) No later than 52 months after May
                                                  (b)(1)(ii)(E) of this section and for any               NOX reduction technology supplier and                 12, 2016, the owner or operator may
                                                  subsequent period when production has                   furnace retrofit engineer, containing a               submit to EPA a report to either confirm
                                                  been reduced in response to pellet                      detailed engineering analysis and                     or modify the NOX limits for Hibbing
                                                  quality concerns consistent with                        modeling of the NOX reduction control                 Line 2 furnace within the upper and
                                                  Hibbing’s ISO 9001 operating standards.                 technology being installed on Hibbing                 lower bounds described below. EPA


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                        21689

                                                  will review the report and either                       forth in paragraphs (b)(1)(ii)(C)(2)                  the pellet quality analysis factors, the
                                                  confirm or modify the NOX limits. If the                through (7) of this section.                          owner or operator must explain the
                                                  CEMS data collected during operating                       (2) Compliance with this emission                  pellet quality analysis factor, as well as
                                                  periods between months 44 and 52 that                   limit will be demonstrated with data                  the defined acceptable range for each
                                                  both meet pellet quality specifications                 collected by a continuous emissions                   factor using the applicable product
                                                  and proper furnace/burner operation is                  monitoring system (CEMS) for NOX. The                 quality standards based upon
                                                  normally distributed, the limit                         owner or operator of Hibbing Line 3                   customers’ pellet specifications that are
                                                  adjustment determination shall be based                 must install a CEMS for NOX and SO2                   contained in Hibbing’s ISO 9001 quality
                                                  on the appropriate (depending upon                      within six months from May 12, 2016.                  management system. The owner or
                                                  whether data are statistically                          The owner or operator must start                      operator shall provide pellet quality
                                                  independent or dependent) 95% upper                     collecting CEMS data and submit the                   analysis testing results that state the
                                                  predictive limit (UPL) equations in                     data to EPA no later than 30 days from                date and time of the analysis and, in
                                                  paragraph (f) of this section. If the CEMS              the end of each calendar quarter after                order to define the time period when
                                                  data collected during operating periods                 that installation deadline. Any                       pellets were produced outside of the
                                                  between months 44 and 52 that both                      remaining data through the end of the                 defined acceptable range for the pellet
                                                  meet pellet quality specifications and                  57th month from May 12, 2016, that                    quality factors listed, provide copies of
                                                  proper furnace/burner operation are not                 does not fall within a calendar quarter,              the production logs that document the
                                                  normally distributed, the limit                         must be submitted to EPA no later than                starting and ending times for such
                                                  adjustment determination shall be based                 30 days from the end of the 57th month.               periods. The owner or operator shall
                                                  on the non-parametric equation                          Although CEMS data must continue to                   provide an explanation of causes for
                                                  provided in paragraph (f) of this section.              be collected, it does not need to be                  pellet samples that fail to meet the
                                                  The data set for the determination shall                submitted to EPA starting 57 months                   acceptable range for any pellet quality
                                                  exclude periods when pellet quality did                 after May 12, 2016.                                   analysis factor. Pellet quality
                                                  not fall within the defined acceptable                     (3) No later than 48 months after May              information and data may be submitted
                                                  ranges of the pellet quality factors                    12, 2016 the owner or operator must                   to EPA as Confidential Business
                                                  identified pursuant to paragraph                        submit to EPA a report, including any                 Information.
                                                  (b)(1)(ii)(E) of this section and for any               final report(s) completed by the selected
                                                                                                          NOX reduction technology supplier and                   (6) No later than 57 months after May
                                                  subsequent period when production has                                                                         12, 2016, the owner or operator may
                                                  been reduced in response to pellet                      furnace retrofit engineer, containing a
                                                                                                          detailed engineering analysis and                     submit to EPA a report to either confirm
                                                  quality concerns consistent with                                                                              or modify the NOX limits for Hibbing
                                                  Hibbing’s ISO 9001 operating standards.                 modeling of the NOX reduction control
                                                                                                          technology being installed on Hibbing                 Line 3 furnace within the upper and
                                                  Any excluded period will commence at                                                                          lower bounds described below. EPA
                                                                                                          Line 3. The NOX reduction control
                                                  the time documented on the production                                                                         will review the report and either
                                                                                                          technology must be designed to meet an
                                                  log demonstrating that pellet quality did                                                                     confirm or modify the NOX limits. If the
                                                                                                          emission limit of 1.2 lbs NOX/MMBTU.
                                                  not fall within the defined acceptable                                                                        CEMS data collected during operating
                                                                                                          This report must include a list of all
                                                  range and shall end when pellet quality                                                                       periods between months 50 and 57 that
                                                                                                          process and control technology
                                                  within the defined acceptable range has                                                                       both meet pellet quality specifications
                                                                                                          variables that can reasonably be
                                                  been re-established at planned                                                                                and proper furnace/burner operation is
                                                                                                          expected to have an impact on NOX
                                                  production levels, which will be                                                                              normally distributed, the limit
                                                                                                          emissions control technology
                                                  presumed to be the level that existed                                                                         adjustment determination shall be based
                                                                                                          performance, as well as a description of
                                                  immediately prior to the reduction in                                                                         on the appropriate (depending upon
                                                                                                          how these variables can be adjusted to
                                                  production due to pellet quality                        reduce NOX emissions to meet the NOX                  whether data are statistically
                                                  concerns. EPA may also exclude data                     design emission limit.                                independent or dependent) 95% upper
                                                  where operations are inconsistent with                     (4) The NOX reduction control                      predictive limit (UPL) equations in
                                                  the reported design parameters of the                   technology shall be installed on Hibbing              paragraph (f) of this section. If the CEMS
                                                  NOX reduction control technology                        Line 3 furnace no later than 50 months                data collected during operating periods
                                                  installed.                                              after May 12, 2016.                                   between months 50 and 57 that both
                                                    (7) EPA will take final agency action                    (5) Commencing on the earlier of: Six              meet pellet quality specifications and
                                                  by publishing its final confirmation or                 months from the installation of the NOX               proper furnace/burner operation are not
                                                  modification of the NOX limit in the                    reduction control technology; or 50                   normally distributed, the limit
                                                  Federal Register no later than 55                       months from May 12, 2016, the owner                   adjustment determination shall be based
                                                  months after May 12, 2016. The                          or operator must provide to EPA the                   on the non-parametric equation
                                                  confirmed or modified NOX limit for                     results from pellet quality analyses. The             provided in paragraph (f) of this section.
                                                  Hibbing Line 2 when burning only                        owner or operator shall provide the                   The data set for the determination shall
                                                  natural gas may be no lower than 1.2 lbs                results from pellet quality analyses no               exclude periods when pellet quality did
                                                  NOX/MMBTU, based on a 30-day rolling                    later than 30 days from the end of each               not fall within the defined acceptable
                                                  average, and may not exceed 1.8 lbs                     calendar quarter up until 57 months                   ranges of the pellet quality factors
                                                  NOX/MMBTU, based on a 30-day rolling                    after May 12, 2016. Any remaining                     identified pursuant to paragraph
                                                  average.                                                results through the end of the 57th                   (b)(1)(ii)(E) of this section and for any
                                                    (C) Hibbing Line 3. (1) An emission                   month from May 12, 2016, that do not                  subsequent period when production has
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  limit of 1.2 lbs NOX/MMBTU, based on                    fall within a calendar quarter, must be               been reduced in response to pellet
                                                  a 30-day rolling average, shall apply to                submitted to EPA no later than 30 days                quality concerns consistent with
                                                  Hibbing Line 3 when burning natural                     from the end of the 57th month. The                   Hibbing’s ISO 9001 operating standards.
                                                  gas. This emission limit will become                    pellet quality analyses shall include                 Any excluded period will commence at
                                                  enforceable 60 months after May 12,                     results for the following factors:                    the time documented on the production
                                                  2016 and only after EPA’s confirmation                  Compression, reducibility, before                     log demonstrating that pellet quality did
                                                  or modification of the emission limit in                tumble, after tumble, low temperature                 not fall within the defined acceptable
                                                  accordance with the procedures set                      disintegration, and swelling. For each of             range and shall end when pellet quality


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                                                  21690               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                  within the defined acceptable range has                 Taconite Grate Kiln Line 1. This report               upper and lower bounds described
                                                  been re-established at planned                          must include a list of all variables that             below. EPA will review the report and
                                                  production levels, which will be                        can reasonably be expected to have an                 either confirm or modify the NOX limits.
                                                  presumed to be the level that existed                   impact on NOX emission control                        If the CEMS data collected during
                                                  immediately prior to the reduction in                   technology performance, as well as a                  operating periods between months 26
                                                  production due to pellet quality                        description of how these variables can                and 34 that both meet pellet quality
                                                  concerns. EPA may also exclude data                     be adjusted to reduce NOX emissions to                specifications and proper furnace/
                                                  where operations are inconsistent with                  meet the NOX design emission limit.                   burner operation is normally
                                                  the reported design parameters of the                   This NOX reduction control technology                 distributed, the limit adjustment
                                                  NOX reduction control technology                        must be designed to meet emission                     determination shall be based on the
                                                  installed.                                              limits of 2.8 lbs NOX/MMBTU when                      appropriate (depending upon whether
                                                     (7) EPA will take final agency action                burning natural gas and 1.5 lbs NOX/                  data are statistically independent or
                                                  by publishing its final confirmation or                 MMBTU when burning coal or a                          dependent) 95% upper predictive limit
                                                  modification of the NOX limit in the                    mixture of coal and natural gas.                      (UPL) equations in paragraph (f) of this
                                                  Federal Register no later than 60                          (4) The NOX reduction control
                                                                                                                                                                section. If the CEMS data collected
                                                  months after May 12, 2016. The                          technology shall be installed on United
                                                                                                                                                                during operating periods between
                                                  confirmed or modified NOX limit for                     Taconite Grate Kiln Line 1 furnace no
                                                                                                          later than 26 months from May 12, 2016.               months 26 and 34 that both meet pellet
                                                  Hibbing Line 3 when burning only                                                                              quality specifications and proper
                                                  natural gas may be no lower than 1.2 lbs                   (5) Commencing on the earlier of: Six
                                                                                                          months from the installation of the NOX               furnace/burner operation are not
                                                  NOX/MMBTU, based on a 30-day rolling                                                                          normally distributed, the limit
                                                  average, and may not exceed 1.8 lbs                     reduction control technology or 26
                                                                                                          months from May 12, 2016, the owner                   adjustment determination shall be based
                                                  NOX/MMBTU, based on a 30-day rolling                                                                          on the non-parametric equation
                                                  average.                                                or operator must provide to EPA the
                                                                                                          results from pellet quality analyses. The             provided in paragraph (f) of this section.
                                                  *      *    *      *    *                               owner or operator shall provide the                   The data set for the determination shall
                                                     (iv) United Taconite—(A) United                      results from pellet quality analyses no               exclude periods when pellet quality did
                                                  Taconite Line 1. (1) An emission limit                  later than 30 days from the end of each               not fall within the defined acceptable
                                                  of 2.8 lbs NOX/MMBTU, based on a 720-                   calendar quarter up until 34 months                   ranges of the pellet quality factors
                                                  hour rolling average, shall apply to                    after May 12, 2016. Any remaining                     identified pursuant to paragraph
                                                  United Taconite Grate Kiln Line 1 when                  results through the end of the 34th                   (b)(1)(iv)(A)(5) of this section and for
                                                  burning natural gas, and an emission                    month, that do not fall within a calendar             any subsequent period when production
                                                  limit of 1.5 lbs NOX/MMBTU, based on                    quarter, must be submitted to EPA no                  had been reduced in response to pellet
                                                  a 720-hour rolling average, shall apply                 later than 30 days from the end of the                quality concerns consistent with United
                                                  to United Taconite Grate Kiln Line 1                    34th month. The pellet quality analyses               Taconite’s ISO 9001 operating
                                                  when burning coal or a mixture of coal                  shall include results for the following               standards. Any excluded period will
                                                  and natural gas. These emission limits                  factors: Compression, reducibility,                   commence at the time documented on
                                                  will become enforceable 37 months after                 before tumble, after tumble, and low                  the production log demonstrating pellet
                                                  May 12, 2016 and only after EPA’s                       temperature disintegration. For each of               quality did not fall within the defined
                                                  confirmation or modification of the                     the pellet quality analysis factors, the              acceptable range, and shall end when
                                                  emission limit in accordance with the                   owner or operator must explain the                    pellet quality within the defined
                                                  procedures set forth in paragraphs                      pellet quality analysis factor, as well as            acceptable range has been re-established
                                                  (b)(1)(iv)(A)(2) through (8) of this                    the defined acceptable range for each                 at planned production levels, which
                                                  section.                                                factor using the applicable product                   will be presumed to be the level that
                                                     (2) Compliance with these emission                   quality standards based upon                          existed immediately prior to the
                                                  limits shall be demonstrated with data                  customers’ pellet specifications that are             reduction in production due to pellet
                                                  collected by a continuous emissions                     contained in United Taconite’s ISO                    quality concerns. EPA may also exclude
                                                  monitoring system (CEMS) for NOX. The                   9001 quality management system. The                   data where operations are inconsistent
                                                  owner or operator must start collecting                 owner or operator shall provide pellet                with the reported design parameters of
                                                  CEMS data for NOX on May 12, 2016                       quality analysis testing results that state           the NOX reduction control technology
                                                  and submit the data to EPA no later than                the date and time of the analysis and, in             that were installed.
                                                  30 days from the end of each calendar                   order to define the time period when
                                                  quarter. Any remaining data through the                 pellets were produced outside of the                     (7) EPA will take final agency action
                                                  end of the 34th month from May 12,                      defined acceptable range for the pellet               by publishing its final confirmation or
                                                  2016, that does not fall within a                       quality factors listed, provide copies of             modification of the NOX limits in the
                                                  calendar quarter, must be submitted to                  the production logs that document the                 Federal Register no later than 37
                                                  EPA no later than 30 days from the end                  starting and ending times for such                    months after May 12, 2016. The
                                                  of the 34th month. Although CEMS data                   periods. The owner or operator shall                  confirmed or modified NOX limit for
                                                  must continue to be collected, it does                  provide an explanation of causes for                  United Taconite Grate Kiln Line 1 when
                                                  not need to be submitted to EPA starting                pellet samples that fail to meet the                  burning only natural gas may be no
                                                  34 months after May 12, 2016.                           acceptable range for any pellet quality               lower than 2.8 lbs NOX/MMBTU, based
                                                     (3) No later than 24 months from May                 analysis factor. Pellet quality                       on a 720-hour rolling average, and may
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  12, 2016, the owner or operator must                    information and data may be submitted                 not exceed 3.0 lbs NOX/MMBTU, based
                                                  submit to EPA a report, including any                   to EPA as Confidential Business                       on a 720-hour rolling average. The
                                                  final report(s) completed by the selected               Information.                                          confirmed or modified NOX limit for
                                                  NOX reduction technology supplier and                      (6) No later than 34 months after May              United Taconite Grate Kiln Line 1 when
                                                  furnace retrofit engineer, containing a                 12, 2016, the owner or operator may                   burning coal or a mixture of coal and
                                                  detailed engineering analysis and                       submit to EPA a report to either confirm              natural gas may be no lower than 1.5 lbs
                                                  modeling of the NOX reduction control                   or modify the NOX limits for United                   NOX/MMBTU, based on a 720-hour
                                                  technology being installed on United                    Taconite Grate Kiln Line 1 within the                 rolling average, and may not exceed 2.5


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                        21691

                                                  lbs NOX/MMBTU, based on a 720-hour                      Taconite Grate Kiln Line 2 furnace no                 months 44 and 52 that both meet pellet
                                                  rolling average.                                        later than 44 months from May 12, 2016.               quality specifications and proper
                                                     (8) If the owner or operator submits a                  (5) Commencing on the earlier of: Six              furnace/burner operation are not
                                                  report proposing a single NOX limit for                 months from the installation of the NOX               normally distributed, the limit
                                                  all fuels, EPA may approve the                          reduction control technology or 44                    adjustment determination shall be based
                                                  proposed NOX limit for all fuels based                  months from May 12, 2016, the owner                   on the non-parametric equation
                                                  on a 30-day rolling average. The                        or operator must provide to EPA the                   provided in paragraph (f) of this section.
                                                  confirmed or modified limit will be                     results from pellet quality analyses. The             The data set for the determination shall
                                                  established and enforceable within 37                   owner or operator shall provide the                   exclude periods when pellet quality did
                                                  months from May 12, 2016.                               results from pellet quality analyses no               not fall within the defined acceptable
                                                     (B) United Taconite Line 2. (1) An                   later than 30 days from the end of each               ranges of the pellet quality factors
                                                  emission limit of 2.8 lbs NOX/MMBTU,                    calendar quarter up until 52 months                   identified pursuant to paragraph
                                                  based on a 720-hour rolling average,                    after May 12, 2016. Any remaining                     (b)(1)(iv)(B)(5) of this section and for
                                                  shall apply to United Taconite Grate                    results through the end of the 52nd                   any subsequent period when production
                                                  Kiln Line 2 when burning natural gas,                   month, that do not fall within a calendar             had been reduced in response to pellet
                                                  and an emission limit of 1.5 lbs NOX/                   quarter, must be submitted to EPA no                  quality concerns consistent with United
                                                  MMBTU, based on a 720-hour rolling                      later than 30 days from the end of the                Taconite’s ISO 9001 operating
                                                  average, shall apply to United Taconite                 52nd month. The pellet quality analyses               standards. Any excluded period will
                                                  Grate Kiln Line 2 when burning coal or                  shall include results for the following               commence at the time documented on
                                                  a mixture of coal and natural gas. These                factors: Compression, reducibility,                   the production log demonstrating pellet
                                                  emission limits will become enforceable                 before tumble, after tumble, and low                  quality did not fall within the defined
                                                  55 months after May 12, 2016 and only                   temperature disintegration. For each of               acceptable range, and shall end when
                                                  after EPA’s confirmation or modification                the pellet quality analysis factors, the              pellet quality within the defined
                                                  of the emission limit in accordance with                owner or operator must explain the                    acceptable range has been re-established
                                                  the procedures set forth in paragraphs                  pellet quality analysis factor, as well as            at planned production levels, which
                                                  (b)(1)(iv)(B)(2) through (8) of this                    the defined acceptable range for each                 will be presumed to be the level that
                                                  section.                                                factor using the applicable product                   existed immediately prior to the
                                                     (2) Compliance with these emission                   quality standards based upon                          reduction in production due to pellet
                                                  limits shall be demonstrated with data                  customers’ pellet specifications that are             quality concerns. EPA may also exclude
                                                  collected by a continuous emissions                     contained in United Taconite’s ISO                    data where operations are inconsistent
                                                  monitoring system (CEMS) for NOX. The                   9001 quality management system. The                   with the reported design parameters of
                                                  owner or operator must start collecting                 owner or operator shall provide pellet                the NOX reduction control technology
                                                  CEMS data for NOX on May 12, 2016                       quality analysis testing results that state           that were installed.
                                                  and submit the data to EPA no later than                the date and time of the analysis and, in                (7) EPA will take final agency action
                                                  30 days from the end of each calendar                   order to define the time period when                  by publishing its final confirmation or
                                                  quarter. Any remaining data through the                 pellets were produced outside of the                  modification of the NOX limits in the
                                                  end of the 52nd month from May 12,                      defined acceptable range for the pellet               Federal Register no later than 55
                                                  2016, that does not fall within a                       quality factors listed, provide copies of             months after May 12, 2016. The
                                                  calendar quarter, must be submitted to                  the production logs that document the                 confirmed or modified NOX limit for
                                                  EPA no later than 30 days from the end                  starting and ending times for such                    United Taconite Grate Kiln Line 2 when
                                                  of the 52nd month. Although CEMS                        periods. The owner or operator shall                  burning only natural gas may be no
                                                  data must continue to be collected, it                  provide an explanation of causes for                  lower than 2.8 lbs NOX/MMBTU, based
                                                  does not need to be submitted to EPA                    pellet samples that fail to meet the                  on a 720-hour rolling average, and may
                                                  starting 52 months after May 12, 2016.                  acceptable range for any pellet quality               not exceed 3.0 lbs NOX/MMBTU, based
                                                     (3) No later than 42 months from May                 analysis factor. Pellet quality                       on a 720-hour rolling average. The
                                                  12, 2016, the owner or operator must                    information and data may be submitted                 confirmed or modified NOX limit for
                                                  submit to EPA a report, including any                   to EPA as Confidential Business                       United Taconite Grate Kiln Line 2 when
                                                  final report(s) completed by the selected               Information.                                          burning coal or a mixture of coal and
                                                  NOX reduction technology supplier and                      (6) No later than 52 months after May              natural gas may be no lower than 1.5 lbs
                                                  furnace retrofit engineer, containing a                 12, 2016, the owner or operator may                   NOX/MMBTU, based on a 720-hour
                                                  detailed engineering analysis and                       submit to EPA a report to either confirm              rolling average, and may not exceed 2.5
                                                  modeling of the NOX reduction control                   or modify the NOX limits for United                   lbs NOX/MMBTU, based on a 720-hour
                                                  technology being installed on United                    Taconite Grate Kiln Line 2 within the                 rolling average.
                                                  Taconite Grate Kiln Line 2. This report                 upper and lower bounds described                         (8) If the owner or operator submits a
                                                  must include a list of all variables that               below. EPA will review the report and                 report proposing a single NOX limit for
                                                  can reasonably be expected to have an                   either confirm or modify the NOX limits.              all fuels, EPA may approve the
                                                  impact on NOX emission control                          If the CEMS data collected during                     proposed NOX limit for all fuels based
                                                  technology performance, as well as a                    operating periods between months 44                   on a 30-day rolling average. The
                                                  description of how these variables can                  and 52 that both meet pellet quality                  confirmed or modified limit will be
                                                  be adjusted to reduce NOX emissions to                  specifications and proper furnace/                    established and enforceable within 55
                                                  meet the NOX design emission limit.                     burner operation is normally                          months from May 12, 2016.
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                                                  This NOX reduction control technology                   distributed, the limit adjustment                        (v) ArcelorMittal USA—(A)
                                                  must be designed to meet emission                       determination shall be based on the                   ArcelorMittal Minorca Mine. (1) An
                                                  limits of 2.8 lbs NOX/MMBTU when                        appropriate (depending upon whether                   emission limit of 1.2 lbs NOX/MMBTU,
                                                  burning natural gas and 1.5 lbs NOX/                    data are statistically independent or                 based on a 30-day rolling average, shall
                                                  MMBTU when burning coal or a                            dependent) 95% upper predictive limit                 apply to the ArcelorMittal Minorca
                                                  mixture of coal and natural gas.                        (UPL) equations in paragraph (f) of this              Mine indurating furnace when burning
                                                     (4) The NOX reduction control                        section. If the CEMS data collected                   natural gas. This emission limit will
                                                  technology shall be installed on United                 during operating periods between                      become enforceable 55 months after


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                                                  21692               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                  May 12, 2016 and only after EPA’s                       submitted to EPA no later than 30 days                been reduced in response to pellet
                                                  confirmation or modification of the                     from the end of the 52nd month. The                   quality concerns consistent with the
                                                  emission limit in accordance with the                   pellet quality analyses shall include                 ArcelorMittal Minorca Mine’s Standard
                                                  procedures set forth in paragraphs                      results for the following factors:                    Product Parameters. Any excluded
                                                  (b)(1)(v)(A)(2) through (7) of this                     Compression, reducibility, before                     period will commence at the time
                                                  section.                                                tumble, after tumble, low temperature                 documented in related quality reports
                                                     (2) Compliance with this emission                    disintegration, and contraction. For each             demonstrating that pellet quality did not
                                                  limit will be demonstrated with data                    of the pellet quality analysis factors, the           fall within the defined acceptable range
                                                  collected by a continuous emissions                     owner or operator must explain the                    and shall end when pellet quality
                                                  monitoring system (CEMS) for NOX. The                   pellet quality analysis factor, as well as            within the defined acceptable range has
                                                  owner or operator of the ArcelorMittal                  the defined acceptable range for each                 been re-established at planned
                                                  Minorca Mine indurating furnace must                    factor using the applicable product                   production levels, which will be
                                                  install a CEMS for NOX and SO2 within                   quality standards based upon                          presumed to be the level that existed
                                                  six months from May 12, 2016. The                       customers’ pellet specifications that are             immediately prior to the reduction in
                                                  owner or operator must start collecting                 contained in the ArcelorMittal Minorca                production due to pellet quality
                                                  CEMS data and submit the data to EPA                    Mine’s Standard Product Parameters.                   concerns. EPA may also exclude data
                                                  no later than 30 days from the end of                   The owner or operator shall provide                   where operations are inconsistent with
                                                  each calendar quarter after that                        pellet quality analysis testing results               the reported design parameters of the
                                                  installation deadline. Any remaining                    that state the date and time of the                   NOX reduction control technology
                                                  data through the end of the 52nd month                  analysis and, in order to define the time             installed.
                                                  from May 12, 2016, that does not fall                   period when pellets were produced                        (7) EPA will take final agency action
                                                  within a calendar quarter, must be                      outside of the defined acceptable range               by publishing its final confirmation or
                                                  submitted to EPA no later than 30 days                  for the pellet quality factors listed,                modification of the NOX limit in the
                                                  from the end of the 52nd month.                         provide copies of production or scale                 Federal Register no later than 55
                                                  Although CEMS data must continue to                     data that document the starting and                   months after May 12, 2016. The
                                                  be collected, it does not need to be                    ending times for such periods. The                    confirmed or modified NOX limit for the
                                                  submitted to EPA starting 52 months                     owner or operator shall provide an                    ArcelorMittal Minorca Mine indurating
                                                  after May 12, 2016.                                     explanation of causes for pellet samples              furnace when burning only natural gas
                                                     (3) No later than 42 months after May                that fail to meet the acceptable range for            may be no lower than 1.2 lbs NOX/
                                                  12, 2016 the owner or operator must                     any pellet quality analysis factor. Pellet            MMBTU, based on a 30-day rolling
                                                  submit to EPA a report, including any                   quality information and data may be                   average, and may not exceed 1.8 lbs
                                                  final report(s) completed by the selected               submitted to EPA as Confidential                      NOX/MMBTU, based on a 30-day rolling
                                                  NOX reduction technology supplier and                                                                         average.
                                                                                                          Business Information.
                                                  furnace retrofit engineer, containing a                                                                         (B) [Reserved]
                                                  detailed engineering analysis and                         (6) No later than 52 months after May
                                                  modeling of the NOX reduction control                   12, 2016, the owner or operator may                   *      *     *     *     *
                                                  technology being installed on the                       submit to EPA a report to either confirm                (2) * * *
                                                  ArcelorMittal Minorca Mine indurating                   or modify the NOX limits for the                        (iv) United Taconite: An aggregate
                                                  furnace. The NOX reduction control                      ArcelorMittal Minorca Mine indurating                 emission limit of 529.0 lbs SO2/hr,
                                                  technology must be designed to meet an                  furnace within the upper and lower                    based on a 30-day rolling average, shall
                                                  emission limit of 1.2 lbs NOX/MMBTU.                    bounds described below. EPA will                      apply to the Line 1 pellet furnace
                                                  This report must include a list of all                  review the report and either confirm or               (EU040) and Line 2 pellet furnace
                                                  process and control technology                          modify the NOX limits. If the CEMS data               (EU042) beginning six months after May
                                                  variables that can reasonably be                        collected during operating periods                    12, 2016. Compliance with this
                                                  expected to have an impact on NOX                       between months 44 and 52 that both                    aggregate emission limit shall be
                                                  emissions control technology                            meet pellet quality specifications and                demonstrated with data collected by a
                                                  performance, as well as a description of                proper furnace/burner operation is                    continuous emissions monitoring
                                                  how these variables can be adjusted to                  normally distributed, the limit                       system (CEMS) for SO2. The owner or
                                                  reduce NOX emissions to meet the NOX                    adjustment determination shall be based               operator must start collecting CEMS
                                                  design emission limit.                                  on the appropriate (depending upon                    data for SO2 beginning six months after
                                                     (4) The NOX reduction control                        whether data are statistically                        May 12, 2016 and submit the data to
                                                  technology shall be installed on the                    independent or dependent) 95% upper                   EPA no later than 30 days from the end
                                                  ArcelorMittal Minorca Mine indurating                   predictive limit (UPL) equations in                   of each calendar quarter. Beginning six
                                                  furnace no later than 44 months after                   paragraph (f) of this section. If the CEMS            months after May 12, 2016, any coal
                                                  May 12, 2016.                                           data collected during operating periods               burned on UTAC Grate Kiln Line 1 or
                                                     (5) Commencing on the earlier of: Six                between months 44 and 52 that both                    Line 2 shall have no more than 1.5
                                                  months from the installation of the NOX                 meet pellet quality specifications and                percent sulfur by weight based on a
                                                  reduction control technology; or 44                     proper furnace/burner operation are not               monthly block average. The sampling
                                                  months from May 12, 2016, the owner                     normally distributed, the limit                       and calculation methodology for
                                                  or operator must provide to EPA the                     adjustment determination shall be based               determining the sulfur content of coal
                                                  results from pellet quality analyses. The               on the non-parametric equation                        must be described in the monitoring
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                                                  owner or operator shall provide the                     provided in paragraph (f) of this section.            plan required for this furnace.
                                                  results from pellet quality analyses no                 The data set for the determination shall              *      *     *     *     *
                                                  later than 30 days from the end of each                 exclude periods when pellet quality did                  (c) Testing and monitoring. (1) The
                                                  calendar quarter up until 52 months                     not fall within the defined acceptable                owner or operator of the respective
                                                  after May 12, 2016. Any remaining                       ranges of the pellet quality factors                  facility shall install, certify, calibrate,
                                                  results through the end of the 52nd                     identified pursuant to paragraph                      maintain and operate continuous
                                                  month from May 12, 2016, that do not                    (b)(1)(v)(A)(5) of this section and for any           emissions monitoring systems (CEMS)
                                                  fall within a calendar quarter, must be                 subsequent period when production has                 for NOX on United States Steel


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                          21693

                                                  Corporation, Keetac unit EU030;                         Hibbing Taconite Company, United                         (viii) All CEMS required by this
                                                  Hibbing Taconite Company units                          Taconite, and ArcelorMittal Minorca                   section must meet the minimum data
                                                  EU020, EU021, and EU022; United                         Mine, must be installed and operational               requirements at paragraphs
                                                  States Steel Corporation, Minntac units                 no later than the unit specific                       (c)(4)(viii)(A) through (C) of this section.
                                                  EU225, EU261, EU282, EU315, and                         installation dates for the installation and              (A) Complete a minimum of one cycle
                                                  EU334; United Taconite units EU040                      operation of CEMS identified at                       of operation (sampling, analyzing, and
                                                  and EU042; ArcelorMittal Minorca Mine                   paragraphs (b)(1)(ii), (iv) and (v) of this           data recording) for each successive 15-
                                                  unit EU026; and Northshore Mining                       section, respectively.                                minute quadrant of an hour.
                                                  Company-Silver Bay units Furnace 11                        (C) All CEMS associated with                          (B) Sample, analyze, and record
                                                  (EU100/EU104) and Furnace 12 (EU110/                    monitoring SO2 at the following                       emissions data for all periods of process
                                                  EU114). Compliance with the emission                    facilities: U.S. Steel Keetac, U.S. Steel             operation except as described in
                                                  limits for NOX shall be determined                      Minntac, and Northshore Mining                        paragraph (c)(4)(viii)(C) of this section.
                                                  using data from the CEMS.                               Company-Silver Bay, must be installed                    (C) When emission data from CEMS
                                                     (2) The owner or operator shall                      and operational no later than six months              are not available due to continuous
                                                  install, certify, calibrate, maintain, and              after May 12, 2016.                                   monitoring system breakdowns, repairs,
                                                  operate CEMS for SO2 on United States                      (D) All CEMS associated with                       calibration checks, or zero and span
                                                  Steel Corporation, Keetac unit EU030;                   monitoring SO2 at the following                       adjustments, emission data must be
                                                  Hibbing Taconite Company units                          facilities: Hibbing Taconite Company,                 obtained using other monitoring
                                                  EU020, EU021, and EU022; United                                                                               systems or emission estimation methods
                                                                                                          United Taconite, and ArcelorMittal
                                                  States Steel Corporation, Minntac units                                                                       approved by the EPA. The other
                                                                                                          Minorca Mine, must be installed and
                                                  EU225, EU261, EU282, EU315, and                                                                               monitoring systems or emission
                                                                                                          operational no later than six months
                                                  EU334; United Taconite units EU040                                                                            estimation methods to be used must be
                                                                                                          after May 12, 2016.
                                                  and EU042; ArcelorMittal Minorca Mine                                                                         incorporated into the monitoring plan
                                                                                                             (E) The operational status of the
                                                  unit EU026; and Northshore Mining                                                                             required by this section and provide
                                                                                                          CEMS identified in paragraphs (c)(1)
                                                  Company-Silver Bay units Furnace 11                                                                           information such that emissions data are
                                                                                                          and (2) of this section shall be verified
                                                  (EU100/EU104) and Furnace 12 (EU110/                                                                          available for a minimum of 18 hours in
                                                                                                          by, as a minimum, completion of the
                                                  EU114).                                                                                                       each 24-hour period and at least 22 out
                                                                                                          manufacturer’s written requirements or
                                                     (3) The owner or operator shall                                                                            of 30 successive unit operating days.
                                                                                                          recommendations for installation,                        (ix) Owners or operators of each
                                                  install, certify, calibrate, maintain, and
                                                                                                          operation, and calibration of the                     CEMS required by this section must
                                                  operate one or more continuous diluent
                                                                                                          devices.                                              reduce all data to 1-hour averages.
                                                  monitor(s) (O2 or CO2) and continuous
                                                                                                             (iii) The owner or operator must                   Hourly averages shall be computed
                                                  flow rate monitor(s) on the BART
                                                                                                          conduct a performance evaluation of                   using all valid data obtained within the
                                                  affected units to allow conversion of the
                                                                                                          each CEMS in accordance with 40 CFR                   hour but no less than one data point in
                                                  NOX and SO2 concentrations to units of
                                                                                                          part 60, appendix B, PS–2. The                        each 15-minute quadrant of an hour.
                                                  the standard (lbs/MMBTU and lbs/hr,
                                                                                                          performance evaluations must be                       Notwithstanding this requirement, an
                                                  respectively) unless a demonstration is
                                                                                                          completed no later than 60 days after                 hourly average may be computed from
                                                  made that a diluent monitor and
                                                                                                          the respective CEMS installation.                     at least two data points separated by a
                                                  continuous flow rate monitor are not
                                                                                                             (iv) The owner or operator of each                 minimum of 15 minutes (where the unit
                                                  needed for the owner or operator to
                                                                                                          CEMS must conduct periodic Quality                    operates for more than one quadrant in
                                                  demonstrate compliance with
                                                                                                          Assurance, Quality Control (QA/QC)                    an hour) if data are unavailable as a
                                                  applicable emission limits in units of
                                                                                                          checks of each CEMS in accordance                     result of performance of calibration,
                                                  the standards.
                                                     (4) For purposes of this section, all                with 40 CFR part 60, appendix F,                      quality assurance, preventive
                                                  CEMS required by this section must                      Procedure 1. The first CEMS accuracy                  maintenance activities, or backups of
                                                  meet the requirements of paragraphs                     test will be a relative accuracy test audit           data from data acquisition and handling
                                                  (c)(4)(i) through (xiv) of this section.                (RATA) and must be completed no later                 systems and recertification events.
                                                     (i) All CEMS must be installed,                      than 60 days after the respective CEMS                   (x) The 30-day rolling average
                                                  certified, calibrated, maintained, and                  installation.                                         emission rate determined from data
                                                  operated in accordance with 40 CFR                         (v) The owner or operator of each                  derived from the CEMS required by this
                                                  part 60, appendix B, Performance                        CEMS must furnish the Regional                        section (in lbs/MMBTU or lbs/hr
                                                  Specification 2 (PS–2) and appendix F,                  Administrator two, or upon request,                   depending on the emission standard
                                                  Procedure 1.                                            more copies of a written report of the                selected) must be calculated in
                                                     (ii) CEMS must be installed and                      results of each performance evaluation                accordance with paragraphs (c)(4)(x)(A)
                                                  operational as follows:                                 and QA/QC check within 60 days of                     through (F) of this section.
                                                     (A) All CEMS associated with                         completion.                                              (A) Sum the total pounds of the
                                                  monitoring NOX (including the NOX                          (vi) The owner or operator of each                 pollutant in question emitted from the
                                                  monitor and necessary diluent and flow                  CEMS must check, record, and quantify                 unit during an operating day and the
                                                  rate monitors) at the following facilities:             the zero and span calibration drifts at               previous 29 operating days.
                                                  U.S. Steel Keetac, U.S. Steel Minntac,                  least once daily (every 24 hours) in                     (B) Sum the total heat input to the
                                                  and Northshore Mining Company-Silver                    accordance with 40 CFR part 60,                       unit (in MMBTU) or the total actual
                                                  Bay, must be installed and operational                  appendix F, Procedure 1, Section 4.                   hours of operation (in hours) during an
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                                                  no later than the unit specific                            (vii) Except for CEMS breakdowns,                  operating day and the previous 29
                                                  compliance dates for the emission limits                repairs, calibration checks, and zero and             operating days.
                                                  identified at paragraphs (b)(1)(i), (iii)               span adjustments, all CEMS required by                   (C) Divide the total number of pounds
                                                  and (vi) of this section, respectively.                 this section shall be in continuous                   of the pollutant in question emitted
                                                     (B) All CEMS associated with                         operation during all periods of BART                  during the 30 operating days by the total
                                                  monitoring NOX (including the NOX                       affected process unit operation,                      heat input (or actual hours of operation
                                                  monitor and necessary diluent and flow                  including periods of process unit                     depending on the emission limit
                                                  rate monitors) at the following facilities:             startup, shutdown, and malfunction.                   selected) during the 30 operating days.


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                                                  21694               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

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


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                         21695

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


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                                                  21696               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

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


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                                                                      Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                               21697

                                                  CEMS required by this section to                          (f) Equations for establishing the                     (iii) The Anderson-Darling normality
                                                  calculate emission rates and a                          upper predictive limit—(1) Equation for                test is used to establish whether the data
                                                  description of how those emission                       normal distribution and statistically                  are normally distributed. That is, a
                                                  factors were determined.                                independent data.                                      distribution is considered to be
                                                     (iv) A description of methods to be                                                                         normally distributed when p > 0.05.
                                                  used to calculate emission rates when                                                                            (2) Non-parametric equation for data
                                                  CEMS data are not available due to                                                                             not normally distributed and normally
                                                  downtime associated with QA/QC                                                                                 distributed but not statistically
                                                  events.                                                                                                        independent.
                                                     (v) A description of the QA/QC                       Where:
                                                  program to be implemented by the                        x = average or mean of hourly test run data;           m = (n + 1) * a
                                                  owner or operator of CEMS required by                   t[(n¥1),(0.95)] = t score, the one-tailed t value of   m = the rank of the ordered data point, when
                                                  this section. This can be the QA/QC                          the Student’s t distribution for a specific           data are sorted smallest to largest. The
                                                  program developed in accordance with                         degree of freedom (n¥1) and a                         data points are 720-hour averages for
                                                                                                               confidence level (0.95; 0.99 for Tilden               establishing NOX limits.
                                                  40 CFR part 60, appendix F, Procedure
                                                                                                               SO2)                                              n = number of data points (e.g., 5040 720-
                                                  1, Section 3.                                           s2 = variance of the hourly data set;
                                                     (vi) A list of spare parts for CEMS                                                                             hourly averages for eight months of valid
                                                                                                          n = number of values (e.g. 5,760 if 8 months               NOX lbs/MMBTU values)
                                                  maintained on site for system                                of valid lbs NOX/MMBTU hourly values)             a = 0.95, to reflect the 95th percentile
                                                  maintenance and repairs.                                m = number of values used to calculate the
                                                     (vii) A description of the procedures                     test average (m = 720 as per averaging              If m is a whole number, then the
                                                  to be used to calculate 30-day rolling                       time)                                             limit, UPL, shall be computed as:
                                                  averages and 720-hour rolling averages
                                                  and example calculations which show                       (i) To determine if statistically                    UPL = Xm
                                                  the algorithms used by the CEMS to                      independent, use the Rank von
                                                                                                                                                                 Where:
                                                  calculate 30-day rolling averages and                   Neumann Test on p. 137 of data Quality
                                                                                                          Assessment: Statistical Methods for                    Xm = value of the mth data point in terms of
                                                  720-hour rolling averages.                                                                                         lbs SO2/hr or lbs NOX/MMBTU, when
                                                     (viii) A sample of the document to be                Practitioners EPA QA/G–9S.
                                                                                                                                                                     the data are sorted smallest to largest.
                                                  used for the quarterly excess emission                    (ii) Alternative to Rank von Neumann
                                                  reports required by this section.                       test to determine if data are dependent,                 If m is not a whole number, the limit
                                                     (ix) A description of the procedures to              data are dependent if t test value is                  shall be computed by linear
                                                  be implemented to investigate root                      greater than t critical value, where:                  interpolation according to the following
                                                  causes of excess emissions and monitor                                                                         equation.
                                                  downtime and the proposed corrective                                                                           UPL = xm = xmi·md = xmi + 0.md (xmi∂1 ¥
                                                  actions to address potential root causes                                                                          xmi)
                                                  of excess emissions and monitor
                                                  downtime.                                                                                                      Where:
                                                                                                          r = correlation between data points                    mi = the integer portion of m, i.e., m
                                                     (x) A description of the sampling and                t critical = t[(n¥2),(0.95)] = t score, the two-
                                                  calculation methodology for                                                                                        truncated at zero decimal places, and
                                                                                                                tailed t value of the Student’s t                md = the decimal portion of m
                                                  determining the percent sulfur by                             distribution for a specific degree of
                                                  weight as a monthly block average for                         freedom (n¥2) and a confidence level             [FR Doc. 2016–07818 Filed 4–11–16; 8:45 am]
                                                  coal used during that month.                                  (0.95)                                           BILLING CODE 6560–50–P
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Document Created: 2016-04-12 00:47:00
Document Modified: 2016-04-12 00:47:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on May 12, 2016.
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 Citation81 FR 21671 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides; Regional Haze and Volatile Organic Compounds

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