81 FR 53926 - Air Plan Approval; NH; Control of Volatile Organic Compound Emissions From Minor Core Activities
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 157 (August 15, 2016)
Federal Register Volume 81, Issue 157 (August 15, 2016)
| Page Range | 53926-53929 | |
| FR Document | 2016-19123 |
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)] [Rules and Regulations] [Pages 53926-53929] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19123] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2012-0865; A-1-FRL-9950-60-Region 1] Air Plan Approval; NH; Control of Volatile Organic Compound Emissions From Minor Core Activities AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire on October 4, 2012. The revision clarifies Reasonably Available Control Technology (RACT) requirements as they apply to minor core activities of volatile organic compound (VOC) sources. The intended effect of this action is to approve these requirements into the New Hampshire SIP. This action is being taken in accordance with the Clean Air Act. DATES: This direct final rule will be effective October 14, 2016, unless EPA receives adverse comments by September 14, 2016. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01- OAR-2012-0865 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include [[Page 53927]] discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the ``For Further Information Contact'' section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel. 617-918-1584, fax 617-918-0668, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. What action is EPA taking? II. What is the background for this action? III. What is EPA's evaluation of New Hampshire's submittal? IV. Final Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. What action is EPA taking? EPA is approving, and incorporating into the New Hampshire SIP, revised sections of New Hampshire's Chapter Env-A 1200 ``Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT),'' submitted by the New Hampshire Department of Environmental Services (NH DES) to EPA as a SIP revision on October 4, 2012. Specifically, EPA is approving New Hampshire's revised Env-A 1201.04 ``Exemptions: Conditions,'' revised Env-A 1203.38 definition of ``minor core activity,'' and revised Env-A 1222.01 ``Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources.'' II. What is the background for this action? EPA has established, and periodically reviews and revises, the National Ambient Air Quality Standard (NAAQS) for ground-level ozone. On March 27, 2008 (73 FR 16436), EPA published a final rule for a new 8-hour ozone standard of 0.075 parts per million (ppm). On May 21, 2012 (77 FR 30088), EPA designated areas for the 2008 ozone NAAQS and designated New Hampshire as Unclassifiable/Attainment for the 2008 ozone NAAQS. Subsequently, EPA revised the ozone NAAQS on October 26, 2015 (80 FR 65292). EPA has not yet, however, issued designations for the 2015 ozone NAAQS. New Hampshire is also part of the Ozone Transport Region (OTR) under Section 184(a) of the Clean Air Act (CAA). Sections 182(b)(2) and 184 of the CAA compel states with moderate and above ozone nonattainment areas, as well as areas in the OTR respectively, to submit a SIP revision requiring the implementation of RACT for sources covered by a Control Techniques Guideline (CTG) and for all major sources. A CTG is a document issued by EPA which establishes a ``presumptive norm'' for RACT for a specific VOC source category. III. What is EPA's evaluation of New Hampshire's submittal? EPA previously approved New Hampshire's Env-A 1200 on November 8, 2012 (77 FR 66921). New Hampshire's October 4, 2012 submittal includes revisions to three sections of this regulation. Revised Env-A 1201.04 extends by one year, from June 1, 2012 until May 31, 2013, the option for a source to voluntarily restrict their emissions to remain below the relevant applicability threshold and thus not be subject to certain requirements. Specifically, this option applies to newly regulated source categories added to Env-A 1200 on June 1, 2011. The process shall be exempt if the owner or operator files an application for a permit before May 31, 2013 and accepts an enforceable permit that limits emissions below the relevant applicability threshold and contains the necessary testing and recordkeeping and reporting requirements to demonstrate compliance. Revised Env-A 1203.38 clarifies the definition of ``minor core activity'' as any core activity at a stationary source for which the VOC emissions from processes and devices are less than the relevant RACT threshold and less than 5 tons per consecutive 12-month period. The interpretation of the definition did not change but rather the language was revised to make the definition clearer. Lastly, in revised Env-A 1222.01, a prior exemption for minor core activities has been removed. Previously, minor core activities with VOC emissions less than 5 tons per consecutive 12 month period were exempt from New Hampshire's Env-A 1222 emission control and recordkeeping requirements. In the revised regulations, minor core activities are considered in a source's applicability determination and thus, may be subject to the emission control and recordkeeping requirements in Env-A 1222. The three revisions discussed above serve to clarify the existing regulation and are not intended to significantly impact its original interpretation. New Hampshire's Env-A 1200 VOC RACT regulation remains consistent with the Clean Air Act and EPA guidance. Therefore, the revised provisions satisfy the anti-back sliding requirements in Section 110(l) of the CAA and EPA is approving these revised provisions into the New Hampshire SIP. IV. Final Action EPA is approving, and incorporating into the New Hampshire SIP, revised sections of New Hampshire's Chapter Env-A 1200, ``Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT),'' submitted on October 4, 2012. Specifically, EPA is approving New Hampshire's revised Env-A 1201.04 ``Exemptions: Conditions,'' revised Env-A 1203.38 definition of ``minor core activity,'' and revised Env-A 1222.01 ``Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources.'' The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should relevant adverse comments be filed. This rule will be effective October 14, 2016 without further notice unless the Agency receives relevant adverse comments by September 14, 2016. If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on October 14, 2016 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the [[Page 53928]] remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. V. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the State of New Hampshire regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov. VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 14, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 1, 2016. H. Curtis Spalding, Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart EE--New Hampshire 0 2. In Sec. 52.1520(c), the table is amended by revising the entry for ``Env-A 1200'' to read as follows: Sec. 52.1520 Identification of plan. * * * * * (c) * * * EPA-Approved New Hampshire Regulations ---------------------------------------------------------------------------------------------------------------- State EPA approval date State citation Title/subject effective date \1\ Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * Env-A 1200..................... Volatile Organic 6/1/2011 8/15/2016 [Insert Revised sections Compounds (VOCs) Federal Register 1201.04, 1203.38, Reasonably citation]. and 1222.01 Available Control approved in this Technology (RACT). action. [[Page 53929]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. * * * * * [FR Doc. 2016-19123 Filed 8-12-16; 8:45 am] BILLING CODE 6560-50-P
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The SIP is not approved to apply on cannot take effect until 60 days after it requirements, Sulfur oxides, Volatile
any Indian reservation land or in any is published in the Federal Register. organic compounds.
other area where EPA or an Indian tribe This action is not a ‘‘major rule’’ as Dated: July 20, 2016.
has demonstrated that a tribe has defined by 5 U.S.C. 804(2). Mark Hague,
jurisdiction. In those areas of Indian Under section 307(b)(1) of the CAA,
petitions for judicial review of this Regional Administrator, Region 7.
country, the rule does not have tribal
implications and will not impose action must be filed in the United States For the reasons stated in the
substantial direct costs on tribal Court of Appeals for the appropriate preamble, EPA amends 40 CFR part 52
governments or preempt tribal law as circuit by October 14, 2016. Filing a as set forth below:
specified by Executive Order 13175 (65 petition for reconsideration by the
FR 67249, November 9, 2000). Administrator of this final rule does not PART 52—APPROVAL AND
affect the finality of this action for the PROMULGATION OF
The Congressional Review Act, 5 purposes of judicial review nor does it IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small extend the time within which a petition
Business Regulatory Enforcement for judicial review may be filed, and ■ 1. The authority citation for part 52
Fairness Act of 1996, generally provides shall not postpone the effectiveness of continues to read as follows:
that before a rule may take effect, the such rule or action. This action may not Authority: 42 U.S.C. 7401 et. seq.
agency promulgating the rule must be challenged later in proceedings to
submit a rule report, which includes a enforce its requirements. (See section Subpart Q—Iowa
copy of the rule, to each House of the 307(b)(2).)
Congress and to the Comptroller General ■ 2. In § 52.820(e) the table is amended
of the United States. EPA will submit a List of Subjects in 40 CFR Part 52 by adding and reserving entry (43), and
report containing this action and other Environmental protection, Air by adding entry (44) in numerical order
required information to the U.S. Senate, pollution control, Carbon monoxide, to read as follows:
the U.S. House of Representatives, and Incorporation by reference,
the Comptroller General of the United Intergovernmental relations, Lead, § 52.820 Identification of plan.
States prior to publication of the rule in Nitrogen dioxide, Ozone, Particulate * * * * *
the Federal Register. A major rule matter, Reporting and recordkeeping (e) * * *
EPA-APPROVED IOWA NONREGULATORY PROVISIONS
Name of nonregula- Applicable geographic or State submittal EPA approval date Explanation
tory SIP provision nonattainment area date
* * * * * * *
(43) Reserved]
(44) State Implemen- Statewide .................................... 7/19/13 8/15/16, [Insert Federal Reg- [EPA–R07–OAR–2014–0365;
tation Plan (SIP) ister citation]. FRL–9949–82–Region 7.
Revision for the At-
tainment and Main-
tenance of National
Ambient Air Quality
Standards for Re-
gional Haze (2013
Five-Year Progress
Report).
[FR Doc. 2016–19041 Filed 8–12–16; 8:45 am] submitted by the State of New ADDRESSES: Submit your comments,
BILLING CODE 6560–50–P Hampshire on October 4, 2012. The identified by Docket ID No. EPA–R01–
revision clarifies Reasonably Available OAR–2012–0865 at http://
Control Technology (RACT) www.regulations.gov, or via email to
ENVIRONMENTAL PROTECTION requirements as they apply to minor Mackintosh.David@epa.gov. For
AGENCY core activities of volatile organic comments submitted at Regulations.gov,
compound (VOC) sources. The intended follow the online instructions for
40 CFR Part 52 submitting comments. Once submitted,
effect of this action is to approve these
[EPA–R01–OAR–2012–0865; A–1–FRL– requirements into the New Hampshire comments cannot be edited or removed
9950–60–Region 1] SIP. This action is being taken in from Regulations.gov. For either manner
accordance with the Clean Air Act. of submission, the EPA may publish any
Air Plan Approval; NH; Control of comment received to its public docket.
Volatile Organic Compound Emissions DATES: This direct final rule will be Do not submit electronically any
From Minor Core Activities effective October 14, 2016, unless EPA information you consider to be
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AGENCY: Environmental Protection receives adverse comments by Confidential Business Information (CBI)
Agency (EPA). September 14, 2016. If adverse or other information whose disclosure is
comments are received, EPA will restricted by statute. Multimedia
ACTION: Direct final rule.
publish a timely withdrawal of the submissions (audio, video, etc.) must be
SUMMARY: The Environmental Protection direct final rule in the Federal Register accompanied by a written comment.
Agency (EPA) is approving a State informing the public that the rule will The written comment is considered the
Implementation Plan (SIP) revision not take effect. official comment and should include
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![53928 Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations
remainder of the rule, EPA may adopt • Does not have Federalism this action must be filed in the United
as final those provisions of the rule that implications as specified in Executive States Court of Appeals for the
are not the subject of an adverse Order 13132 (64 FR 43255, August 10, appropriate circuit by October 14, 2016.
comment. 1999); Filing a petition for reconsideration by
• Is not an economically significant the Administrator of this final rule does
V. Incorporation by Reference regulatory action based on health or not affect the finality of this action for
In this rule, the EPA is finalizing safety risks subject to Executive Order the purposes of judicial review nor does
regulatory text that includes 13045 (62 FR 19885, April 23, 1997); it extend the time within which a
incorporation by reference. In • Is not a significant regulatory action petition for judicial review may be filed,
accordance with requirements of 1 CFR subject to Executive Order 13211 (66 FR and shall not postpone the effectiveness
51.5, the EPA is finalizing the 28355, May 22, 2001); of such rule or action. Parties with
incorporation by reference of the State • Is not subject to requirements of objections to this direct final rule are
of New Hampshire regulations Section 12(d) of the National encouraged to file a comment in
described in the amendments to 40 CFR Technology Transfer and Advancement response to the parallel notice of
part 52 set forth below. The EPA has Act of 1995 (15 U.S.C. 272 note) because proposed rulemaking for this action
made, and will continue to make, these application of those requirements would published in the proposed rules section
documents generally available be inconsistent with the Clean Air Act; of today’s Federal Register, rather than
electronically through http:// and file an immediate petition for judicial
www.regulations.gov. • Does not provide EPA with the
review of this direct final rule, so that
discretionary authority to address, as
VI. Statutory and Executive Order EPA can withdraw this direct final rule
appropriate, disproportionate human
Reviews and address the comment in the
health or environmental effects, using
proposed rulemaking. This action may
Under the Clean Air Act, the practicable and legally permissible
not be challenged later in proceedings to
Administrator is required to approve a methods, under Executive Order 12898
enforce its requirements. (See section
SIP submission that complies with the (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved 307(b)(2).)
provisions of the Act and applicable
to apply on any Indian reservation land List of Subjects in 40 CFR Part 52
Federal regulations. 42 U.S.C. 7410(k);
or in any other area where EPA or an
40 CFR 52.02(a). Thus, in reviewing SIP Environmental protection, Air
Indian tribe has demonstrated that a
submissions, EPA’s role is to approve pollution control, Incorporation by
tribe has jurisdiction. In those areas of
state choices, provided that they meet reference, Intergovernmental relations,
Indian country, the rule does not have
the criteria of the Clean Air Act. Ozone, Reporting and recordkeeping
tribal implications and will not impose
Accordingly, this action merely substantial direct costs on tribal requirements, Volatile organic
approves state law as meeting Federal governments or preempt tribal law as compounds.
requirements and does not impose specified by Executive Order 13175 (65
additional requirements beyond those Dated: August 1, 2016.
FR 67249, November 9, 2000). H. Curtis Spalding,
imposed by state law. For that reason, The Congressional Review Act, 5
this action: U.S.C. 801 et seq., as added by the Small Regional Administrator, EPA New England.
• Is not a significant regulatory action Business Regulatory Enforcement
subject to review by the Office of Part 52 of chapter I, title 40 of the
Fairness Act of 1996, generally provides Code of Federal Regulations is amended
Management and Budget under that before a rule may take effect, the
Executive Orders 12866 (58 FR 51735, as follows:
agency promulgating the rule must
October 4, 1993) and 13563 (76 FR 3821, submit a rule report, which includes a PART 52—[AMENDED]
January 21, 2011); copy of the rule, to each House of the
• Does not impose an information Congress and to the Comptroller General
collection burden under the provisions ■ 1. The authority citation for part 52
of the United States. EPA will submit a continues to read as follows:
of the Paperwork Reduction Act (44 report containing this action and other
U.S.C. 3501 et seq.); required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq.
• Is certified as not having a the U.S. House of Representatives, and
significant economic impact on a the Comptroller General of the United Subpart EE—New Hampshire
substantial number of small entities States prior to publication of the rule in
under the Regulatory Flexibility Act (5 the Federal Register. A major rule ■ 2. In § 52.1520(c), the table is
U.S.C. 601 et seq.); cannot take effect until 60 days after it amended by revising the entry for ‘‘Env-
• Does not contain any unfunded is published in the Federal Register. A 1200’’ to read as follows:
mandate or significantly or uniquely This action is not a ‘‘major rule’’ as § 52.1520 Identification of plan.
affect small governments, as described defined by 5 U.S.C. 804(2).
in the Unfunded Mandates Reform Act Under section 307(b)(1) of the Clean * * * * *
of 1995 (Pub. L. 104–4); Air Act, petitions for judicial review of (c) * * *
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
State citation Title/subject EPA approval date 1 Explanations
date
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* * * * * * *
Env-A 1200 ............... Volatile Organic Compounds 6/1/2011 8/15/2016 [Insert Federal Reg- Revised sections 1201.04,
(VOCs) Reasonably Available ister citation]. 1203.38, and 1222.01 ap-
Control Technology (RACT). proved in this action.
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EPA-APPROVED NEW HAMPSHIRE REGULATIONS—Continued
State effective
State citation Title/subject EPA approval date 1 Explanations
date
* * * * * * *
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * available only in hard copy form. 35 percent for Rillito Kiln 4 were
[FR Doc. 2016–19123 Filed 8–12–16; 8:45 am] Publicly available docket materials are unsupported and that SNCR was
BILLING CODE 6560–50–P available electronically through http:// capable of achieving higher control
www.regulations.gov. efficiencies, we established
FOR FURTHER INFORMATION CONTACT: requirements for control technology
ENVIRONMENTAL PROTECTION Colleen McKaughan, U.S. EPA, Region demonstrations (‘‘optimization
AGENCY 9, Air Division, Air-1, 75 Hawthorne requirements’’) for the SNCR systems at
40 CFR Part 52 Street, San Francisco, CA 94105. both kilns, which would entail the
Colleen McKaughan can be reached at collection of data that then could be
[EPA–R09–OAR–2015–0846, FRL–9950–41– telephone number (520) 498–0118 and used to determine if a higher control
Region 9] via electronic mail at efficiency was achievable.
mckaughan.colleen@epa.gov. PCC and CPC each submitted a
Partial Stay; Arizona; Regional Haze
Federal Implementation Plan SUPPLEMENTARY INFORMATION: petition to the EPA on November 3,
Throughout this document, ‘‘we,’’ ‘‘us,’’ 2014, seeking administrative
AGENCY: Environmental Protection and ‘‘our’’ refer to the EPA. reconsideration and a partial stay of the
Agency (EPA). final FIP under CAA section
Table of Contents
ACTION: Partial stay. 307(d)(7)(B) and the Administrative
I. Background Procedure Act (APA).3 In their petitions,
SUMMARY: The Environmental Protection II. Administrative Stay
Agency (EPA) is granting an both companies raised multiple
III. Statutory and Executive Order Reviews objections to the optimization
administrative stay of specific
provisions of the Arizona Regional Haze I. Background requirements in the FIP. CPC asserted
Federal Implementation Plan (FIP) This section provides a brief overview that the requirements were burdensome,
applicable to the Phoenix Cement of the background for today’s action. expensive, and unnecessary, given that
Company (PCC) Clarkdale Plant and the Please refer to our proposed action on CPC had already ‘‘evaluated fuels, fuel
CalPortland Company (CPC) Rillito reconsideration for additional fineness, and the other characteristics
Plant under the Clean Air Act (CAA). In background.1 On September 3, 2014, the listed in the Optimization Protocol’’ as
response to requests from PCC and CPC, EPA promulgated a FIP addressing part of its effort to reduce energy usage.4
we are staying the effectiveness of certain requirements of the CAA and the PCC stated that the requirements
control technology optimization EPA’s Regional Haze Rule for sources in ‘‘would be burdensome to implement’’
requirements for nitrogen oxides (NOX) Arizona.2 Among other things, the and ‘‘would substantially interfere with
applicable to Kiln 4 at the Clarkdale Arizona Regional Haze FIP includes the cement manufacturing operations’’
Plant and Kiln 4 at the Rillito Plant NOX emission limits achievable with at the Clarkdale Plant.5 PCC further
during the EPA’s reconsideration of selective non-catalytic reduction (SNCR) asserted that requirements would harm
these requirements under CAA section applicable to Clarkdale Kiln 4 and the Salt River Pima-Maricopa Indian
307(d)(7)(B) for a period of 90 days. Rillito Kiln 4. In particular, the EPA Community (SRPMIC), which relies on
Today’s action reflects this stay in the established two alternative emission revenue from the Clarkdale Plant.6
Code of Federal Regulations. limits for NOX on Clarkdale Kiln 4: A The EPA sent letters to PCC and CPC
DATES: Effective August 15, 2016, 40 2.12 lb/ton limit or an 810 tons/year on January 16, 2015 and January 27,
CFR 52.145(k)(6) and Appendix A to 40 limit. The lb/ton limit equates to the 2015, respectively, granting
CFR 52.145 are stayed until November installation of a SNCR system, based on
reconsideration of the optimization
14, 2016. The addition of 40 CFR a 50 percent control efficiency, while
requirements pursuant to CAA section
52.145(n) in this rule is also effective the ton/year limit could be met either by
from August 15, 2016 until November installing SNCR or by maintaining 3 Letter from Verle C. Martz, PCC, to Regina
14, 2016. recent production levels. We set an McCarthy, EPA (November 3, 2014); Letter from Jay
emission limit for NOX at Rillito Kiln 4 Grady, CPC, to Regina McCarthy, EPA (November
ADDRESSES: The EPA has established a
of 3.46 lb/ton, based on a 35 percent 3, 2014).
docket for this action under Docket ID control efficiency. The FIP also includes 4 Letter from Jay Grady, CPC, to Regina McCarthy,
No. EPA–R09–OAR–2015–0846. All monitoring, recordkeeping, and EPA (November 3, 2014), attachment entitled
documents in the docket are listed on reporting requirements and a ‘‘Petition of CalPortland Company for Partial
the http://www.regulations.gov Web Reconsideration and Request for Administrative
compliance deadline for the final NOX Stay of EPA Final Rule, Promulgation of Air Quality
site. Although listed in the index, some emission limits of December 31, 2018. Implementation Plans; Arizona; Regional Haze and
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information is not publicly available, Finally, in response to comments Interstate Visibility Transport Federal
e.g., confidential business information alleging that SNCR control efficiencies Implementation Plan Published at 79 FR 52420’’ at
(CBI) or other information whose 4.
of 50 percent for Clarkdale Kiln 4 and 5 Letter from Verle C. Martz, PCC, to Regina
disclosure is restricted by statute.
McCarthy, EPA (November 3, 2014) at 2.
Certain other material, such as 1 81FR 42600 (June 30, 2016). 6 We note that while the Clarkdale Plant is tribally
copyrighted material, is not placed on 2 79FR 52420 (September 3, 2014)(Arizona owned, it is not located on tribal land. It is subject
the Internet and will be publicly Regional Haze ‘‘Phase 3’’ Rule). to State jurisdiction and is regulated by ADEQ.
VerDate Sep<11>2014 17:35 Aug 12, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\15AUR1.SGM 15AUR1](https://thefederalregister.org/doc/81_FR_54083/page/4.svg)
Document Created: 2016-08-13 02:22:39
Document Modified: 2016-08-13 02:22:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective October 14, 2016, unless EPA receives adverse comments by September 14, 2016. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | David L. Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel. 617-918-1584, fax 617-918-0668, email [email protected] | |
| FR Citation | 81 FR 53926 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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