81 FR 7710 - Approval of Regional Haze BART Alternative Measure: Washington
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 30 (February 16, 2016)
Federal Register Volume 81, Issue 30 (February 16, 2016)
| Page Range | 7710-7712 | |
| FR Document | 2016-02953 |
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)] [Rules and Regulations] [Pages 7710-7712] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02953] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2015-0398; FRL-9942-15-Region 10] Approval of Regional Haze BART Alternative Measure: Washington AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve the Best Available Retrofit Technology (BART) alternative measure for the BP Cherry Point Refinery located near Ferndale, Washington. The BART alternative measure increases the oxides of nitrogen (NOX ) emission limit from the R-1 HC Reactor Heater (R-1 Heater), a BART-eligible source currently subject to BART emission limits on NOX . To offset the increase in NOX emissions from this emission unit, the NOX emission limits on the 1st Stage Hydrocracker Fractionator Reboiler (R- 1 Reboiler), also a BART-eligible source subject to BART emission limits on NOX , will be reduced. The net effect of these changes is a decrease of 10.4 tons per year (tpy) of allowable NOX emissions from sources subject to BART at the BP Cherry Point Refinery. DATES: This final rule is effective March 17, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-EPA-R10-OAR-2015-0398. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or at EPA Region 10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: For information please contact John Chi at (206) 553-1185, or [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background Information II. Final Action III. Incorporation by Reference IV. Statutory and Executive Orders Review I. Background Information On May 14, 2015, Washington submitted the BART alternative measure and the EPA proposed to approve it on November 16, 2015 (80 FR 70718). An explanation of the CAA requirements, a detailed analysis of the submittal, and the EPA's reasons for approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for this proposed rule ended on December 16, 2015. The EPA received one comment in support of this action and no adverse comments. II. Final Action The EPA is approving the BART alternative measure for the BP Cherry Point Refinery located near Ferndale, Washington by incorporating by reference the conditions of Revision 2 identified below. The EPA is removing the BP Cherry Point Refinery, BART Compliance Order No. 7836 currently in the Federally approved SIP at 40 CFR 52.2470(d) and replacing it with provisions of the BP Cherry Point Refinery, BART Compliance Order No. 7836 Revision 2. The EPA is also approving new Condition 9 of the BART Compliance Order 7836 Revision 2 relating to decommissioned units. The conditions of the BP BART Compliance Order Revision 2 that are proposed for incorporation by reference are: Condition 1: 1.1, 1.1.1, 1.2, 1.2.1, 1.2.2; Condition 2: 2.1, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5, 2.2, 2.2.1, 2.2.2, 2.3, 2.3.1, 2.3.2, 2.4, 2.4.1, 2.4.2, 2.4.2.1, 2.5, 2.5.1, 2.5.1.1, 2.5.1.2, 2.5.2, 2.5.3, 2.5.4, 2.6, 2.6.1, 2.6.2, 2.6.3, 2.7, 2.7.1, 2.7.2, 2.7.3, 2.7.4, 2.8, 2.8.1, 2.8.2,2.8.3, 2.8.4, 2.8.5, 2.8.6; Condition 3, 3.1, 3.1.1, 3.1.2, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4; Condition 4, 4.1, 4.1.1, 4.1.1.1, 4.1.1.2, 4.1.1.3, 4.1.1.4; Condition 5, 5.1, 5.2; Condition 6, 6.1, 6.2, 6.3; Condition 7; and Condition 9. III. Incorporation by Reference In accordance with requirements of 1 CFR 51.5, the EPA is revising our [[Page 7711]] incorporation by reference located in 40 CFR 52.2470(d)--``EPA-Approved State Source-Specific Requirements'' to reflect the approval of the BART alternative measure for the BP Cherry Point Refinery and the provision relating to decommissioned units. Due to the fact that the conditions in the original BART Order were renumbered in Revision 1, which was not submitted as a SIP revision, the EPA is removing the original IBR entry for ``BP Cherry Point Refinery'' in its entirety and incorporating in its place the specified conditions of Revision 2 included in the docket for this action. The end result is that all of the conditions in the Original BART order remain in the SIP (but with different numbers) except as discussed in the notice of the proposed rulemaking with respect to the BART alternative measure and the addition of Condition 9. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. Statutory and Executive Orders Review Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 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 (Public Law 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 this action does not involve technical standards; and does not provide the 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). The SIP is not approved to apply on any Indian reservation land in Washington except as specifically noted below and is also not approved to apply in any other area where the 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 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. The 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 18, 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: January 27, 2016. Dennis J. McLerran, Regional Administrator, Region 10. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart WW--Washington 0 2. In Sec. 52.2470: 0 a. In paragraph (d), the table is amended by revising the entry for ``BP Cherry Point Refinery.'' 0 b. In paragraph (e), table 2 is amended by adding an entry entitled ``Regional Haze State Implementation Plan--BP Cherry Point Refinery BART Revision'' to the end of the table. The revisions read as follows: Sec. 52.2470 Identification of plan. * * * * * (d) * * * [[Page 7712]] EPA-Approved State of Washington Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- Order/Permit State Name of source number effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * BP Cherry Point Refinery....... Administrative 5/13/15 2/16/16 [Insert The following Order No. 7836, Federal Register conditions: 1.1, Revision 2. citation]. 1.1.1, 1.2, 1.2.1, 1.2.2, 2.1, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5, 2.2, 2.2.1, 2.2.2, 2.3, 2.3.1, 2.3.2, 2.4, 2.4.1, 2.4.2, 2.4.2.1, 2.5, 2.5.1, 2.5.1.1, 2.5.1.2, 2.5.2, 2.5.3, 2.5.4, 2.6, 2.6.1, 2.6.2, 2.6.3, 2.7, 2.7.1, 2.7.2, 2.7.3, 2.7.4, 2.8, 2.8.1, 2.8.2,2.8.3, 2.8.4, 2.8.5, 2.8.6, 3, 3.1, 3.1.1, 3.1.2, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, 4, 4.1, 4.1.1, 4.1.1.1, 4.1.1.2, 4.1.1.3, 4.1.1.4, 5, 5.1, 5.2, 6, 6.1, 6.2, 6.3, 7, 9 * * * * * * * ---------------------------------------------------------------------------------------------------------------- (e) * * * Table 2--Attainment, Maintenance, and Other Plans ---------------------------------------------------------------------------------------------------------------- Applicable geographic State Name of SIP provision or nonattainment area submittal date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * Regional Haze State Statewide.............. 5/14/15 2/16/16 [Insert ................... Implementation Plan--BP Cherry Federal Register Point Refinery BART Revision. citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-02953 Filed 2-12-16; 8:45 am] BILLING CODE 6560-50-P
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PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. § 52.820 Identification of plan.
PROMULGATION OF * * * * *
IMPLEMENTATION PLANS Subpart Q—Iowa
(c) * * *
■ 1. The authority citation for part 52 ■ 2. Amend § 52.820(c) by revising entry
continues to read as follows: 567–21.1 to read as follows:
EPA-APPROVED IOWA REGULATIONS
State effective
Iowa citation Title EPA Approval date Explanation
date
Iowa Department of Natural Resources Environmental Protection Commission [567]
* * * * * * *
Chapter 21—Compliance
567–21.1 ........................... Compliance Schedule ................................................. 10/15/08 02/16/16 and [Insert Fed-
eral Register citation].
* * * * * * *
* * * * * All documents in the docket are listed this proposed rule ended on December
[FR Doc. 2016–02957 Filed 2–12–16; 8:45 am] on the http://www.regulations.gov Web 16, 2015. The EPA received one
BILLING CODE 6560–50–P site. Although listed in the index, some comment in support of this action and
information may not be publicly no adverse comments.
available, i.e., Confidential Business II. Final Action
ENVIRONMENTAL PROTECTION Information or other information the
AGENCY disclosure of which is restricted by The EPA is approving the BART
statute. Certain other material, such as alternative measure for the BP Cherry
40 CFR Part 52 copyrighted material, is not placed on Point Refinery located near Ferndale,
[EPA–R10–OAR–2015–0398; FRL–9942–15– the Internet and is publicly available Washington by incorporating by
Region 10] only in hard copy form. Publicly reference the conditions of Revision 2
available docket materials are available identified below. The EPA is removing
Approval of Regional Haze BART at http://www.regulations.gov or at EPA the BP Cherry Point Refinery, BART
Alternative Measure: Washington Region 10, Office of Air, Waste and Compliance Order No. 7836 currently in
AGENCY: Environmental Protection Toxics, 1200 Sixth Avenue, Seattle, the Federally approved SIP at 40 CFR
Agency (EPA). Washington 98101. The EPA requests 52.2470(d) and replacing it with
that you contact the person listed in the provisions of the BP Cherry Point
ACTION: Final rule.
FOR FURTHER INFORMATION CONTACT Refinery, BART Compliance Order No.
SUMMARY: The Environmental Protection section to schedule your inspection. The 7836 Revision 2. The EPA is also
Agency (EPA) is taking final action to Regional Office’s official hours of approving new Condition 9 of the BART
approve the Best Available Retrofit business are Monday through Friday, Compliance Order 7836 Revision 2
Technology (BART) alternative measure 8:30 to 4:30, excluding Federal holidays. relating to decommissioned units. The
for the BP Cherry Point Refinery located conditions of the BP BART Compliance
FOR FURTHER INFORMATION CONTACT: For
near Ferndale, Washington. The BART Order Revision 2 that are proposed for
information please contact John Chi at
alternative measure increases the oxides incorporation by reference are:
(206) 553–1185, or chi.john@epa.gov. Condition 1: 1.1, 1.1.1, 1.2, 1.2.1,
of nitrogen (NOX) emission limit from
the R–1 HC Reactor Heater (R–1 Heater), SUPPLEMENTARY INFORMATION: 1.2.2;
a BART-eligible source currently subject Condition 2: 2.1, 2.1.1, 2.1.2, 2.1.3,
Table of Contents
to BART emission limits on NOX. To 2.1.4, 2.1.5, 2.2, 2.2.1, 2.2.2, 2.3, 2.3.1,
offset the increase in NOX emissions I. Background Information 2.3.2, 2.4, 2.4.1, 2.4.2, 2.4.2.1, 2.5, 2.5.1,
from this emission unit, the NOX II. Final Action 2.5.1.1, 2.5.1.2, 2.5.2, 2.5.3, 2.5.4, 2.6,
emission limits on the 1st Stage III. Incorporation by Reference 2.6.1, 2.6.2, 2.6.3, 2.7, 2.7.1, 2.7.2, 2.7.3,
Hydrocracker Fractionator Reboiler (R– IV. Statutory and Executive Orders Review 2.7.4, 2.8, 2.8.1, 2.8.2,2.8.3, 2.8.4, 2.8.5,
1 Reboiler), also a BART-eligible source 2.8.6;
subject to BART emission limits on I. Background Information Condition 3, 3.1, 3.1.1, 3.1.2, 3.2,
NOX, will be reduced. The net effect of On May 14, 2015, Washington 3.2.1, 3.2.2, 3.2.3, 3.2.4;
these changes is a decrease of 10.4 tons Condition 4, 4.1, 4.1.1, 4.1.1.1, 4.1.1.2,
submitted the BART alternative measure
per year (tpy) of allowable NOX 4.1.1.3, 4.1.1.4;
and the EPA proposed to approve it on Condition 5, 5.1, 5.2;
mstockstill on DSK4VPTVN1PROD with RULES
emissions from sources subject to BART November 16, 2015 (80 FR 70718). An
at the BP Cherry Point Refinery. Condition 6, 6.1, 6.2, 6.3;
explanation of the CAA requirements, a Condition 7; and
DATES: This final rule is effective March detailed analysis of the submittal, and Condition 9.
17, 2016. the EPA’s reasons for approval were
ADDRESSES: The EPA has established a provided in the notice of proposed III. Incorporation by Reference
docket for this action under Docket ID rulemaking, and will not be restated In accordance with requirements of 1
No. EPA–EPA–R10–OAR–2015–0398. here. The public comment period for CFR 51.5, the EPA is revising our
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EPA-APPROVED STATE OF WASHINGTON SOURCE-SPECIFIC REQUIREMENTS
State effective
Name of source Order/Permit number EPA approval date Explanation
date
* * * * * * *
BP Cherry Point Refin- Administrative Order 5/13/15 2/16/16 [Insert Federal The following conditions: 1.1, 1.1.1, 1.2, 1.2.1,
ery. No. 7836, Revision 2. Register citation]. 1.2.2, 2.1, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5,
2.2, 2.2.1, 2.2.2, 2.3, 2.3.1, 2.3.2, 2.4, 2.4.1,
2.4.2, 2.4.2.1, 2.5, 2.5.1, 2.5.1.1, 2.5.1.2,
2.5.2, 2.5.3, 2.5.4, 2.6, 2.6.1, 2.6.2, 2.6.3,
2.7, 2.7.1, 2.7.2, 2.7.3, 2.7.4, 2.8, 2.8.1,
2.8.2,2.8.3, 2.8.4, 2.8.5, 2.8.6, 3, 3.1, 3.1.1,
3.1.2, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, 4, 4.1,
4.1.1, 4.1.1.1, 4.1.1.2, 4.1.1.3, 4.1.1.4, 5, 5.1,
5.2, 6, 6.1, 6.2, 6.3, 7, 9
* * * * * * *
(e) * * *
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
State submittal
Name of SIP provision Applicable geographic or nonattainment area EPA approval date Comments
date
* * * * * * *
Regional Haze State Im- Statewide .................................................................... 5/14/15 2/16/16 [Insert Federal
plementation Plan—BP Register citation].
Cherry Point Refinery
BART Revision.
[FR Doc. 2016–02953 Filed 2–12–16; 8:45 am] rule, the suspension will not occur and insurance unless an appropriate public
BILLING CODE 6560–50–P a notice of this will be provided by body adopts adequate floodplain
publication in the Federal Register on a management measures with effective
subsequent date. Also, information enforcement measures. The
DEPARTMENT OF HOMELAND identifying the current participation communities listed in this document no
SECURITY status of a community can be obtained longer meet that statutory requirement
from FEMA’s Community Status Book for compliance with program
Federal Emergency Management (CSB). The CSB is available at http:// regulations, 44 CFR part 59.
Agency www.fema.gov/fema/csb.shtm. Accordingly, the communities will be
DATES: The effective date of each suspended on the effective date in the
44 CFR Part 64 community’s scheduled suspension is third column. As of that date, flood
the third date (‘‘Susp.’’) listed in the insurance will no longer be available in
[Docket ID FEMA–2015–0001; Internal
third column of the following tables. the community. We recognize that some
Agency Docket No. FEMA–8419]
of these communities may adopt and
FOR FURTHER INFORMATION CONTACT: If
Suspension of Community Eligibility submit the required documentation of
you want to determine whether a legally enforceable floodplain
AGENCY: Federal Emergency particular community was suspended management measures after this rule is
Management Agency, DHS. on the suspension date or for further published but prior to the actual
information, contact Patricia Suber, suspension date. These communities
ACTION: Final rule.
Federal Insurance and Mitigation will not be suspended and will continue
SUMMARY: This rule identifies Administration, Federal Emergency to be eligible for the sale of NFIP flood
communities where the sale of flood Management Agency, 500 C Street SW., insurance. A notice withdrawing the
insurance has been authorized under Washington, DC 20472, (202) 646–4149. suspension of such communities will be
the National Flood Insurance Program SUPPLEMENTARY INFORMATION: The NFIP published in the Federal Register.
(NFIP) that are scheduled for enables property owners to purchase In addition, FEMA publishes a Flood
suspension on the effective dates listed Federal flood insurance that is not Insurance Rate Map (FIRM) that
within this rule because of otherwise generally available from identifies the Special Flood Hazard
noncompliance with the floodplain private insurers. In return, communities Areas (SFHAs) in these communities.
mstockstill on DSK4VPTVN1PROD with RULES
management requirements of the agree to adopt and administer local The date of the FIRM, if one has been
program. If the Federal Emergency floodplain management measures aimed published, is indicated in the fourth
Management Agency (FEMA) receives at protecting lives and new construction column of the table. No direct Federal
documentation that the community has from future flooding. Section 1315 of financial assistance (except assistance
adopted the required floodplain the National Flood Insurance Act of pursuant to the Robert T. Stafford
management measures prior to the 1968, as amended, 42 U.S.C. 4022, Disaster Relief and Emergency
effective suspension date given in this prohibits the sale of NFIP flood Assistance Act not in connection with a
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Document Created: 2016-02-13 03:13:32
Document Modified: 2016-02-13 03:13:32
| 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 | Final rule. | |
| Dates | This final rule is effective March 17, 2016. | |
| Contact | For information please contact John Chi at (206) 553-1185, or [email protected] | |
| FR Citation | 81 FR 7710 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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