82_FR_45380 82 FR 45193 - Phosphoric Acid Manufacturing and Phosphate Fertilizer Production Risk and Technology Review Reconsideration

82 FR 45193 - Phosphoric Acid Manufacturing and Phosphate Fertilizer Production Risk and Technology Review Reconsideration

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range45193-45202
FR Document2017-20171

This action finalizes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Phosphoric Acid Manufacturing and Phosphate Fertilizer Production source categories. These final amendments are in response to two petitions for reconsideration filed by industry stakeholders on the rule revisions to the NESHAP for the Phosphoric Acid Manufacturing and Phosphate Fertilizer Production source categories that were promulgated on August 19, 2015. We are revising the compliance date by which affected sources must include emissions from oxidation reactors when determining compliance with the total fluoride emission limits for superphosphoric acid (SPA) process lines. In addition, we are revising the compliance date for the monitoring requirements for low-energy absorbers. We are also clarifying one option and adding a new option, to the monitoring requirements for low-energy absorbers.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Rules and Regulations]
[Pages 45193-45202]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20171]



[[Page 45193]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2012-0522; FRL-9968-01-OAR]
RIN 2060-AT14


Phosphoric Acid Manufacturing and Phosphate Fertilizer Production 
Risk and Technology Review Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notification of final action on reconsideration.

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SUMMARY: This action finalizes amendments to the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for the Phosphoric Acid 
Manufacturing and Phosphate Fertilizer Production source categories. 
These final amendments are in response to two petitions for 
reconsideration filed by industry stakeholders on the rule revisions to 
the NESHAP for the Phosphoric Acid Manufacturing and Phosphate 
Fertilizer Production source categories that were promulgated on August 
19, 2015. We are revising the compliance date by which affected sources 
must include emissions from oxidation reactors when determining 
compliance with the total fluoride emission limits for superphosphoric 
acid (SPA) process lines. In addition, we are revising the compliance 
date for the monitoring requirements for low-energy absorbers. We are 
also clarifying one option and adding a new option, to the monitoring 
requirements for low-energy absorbers.

DATES: This final rule is effective on September 28, 2017.

ADDRESSES: The Environmental Protection Agency (EPA) has established a 
docket for this action under Docket ID No. EPA-HQ-OAR-2012-0522. All 
documents in the docket are listed on the https://www.regulations.gov 
Web site. Although listed in the index, some information is not 
publicly available, e.g., confidential business information or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
https://www.regulations.gov or in hard copy at the EPA Docket Center 
(EPA/DC), EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Fairchild, Sector Policies 
and Programs Division (Mail Code D243-02), Office of Air Quality 
Planning and Standards, Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711; telephone number: (919) 541-5167; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations. A number of 
acronyms and abbreviations are used in this preamble. While this may 
not be an exhaustive list, to ease the reading of this preamble and for 
reference purposes, the following terms and acronyms are defined:

AMP Alternative monitoring plan
CAA Clean Air Act
CBI Confidential business information
CFR Code of Federal Regulations
EPA U.S. Environmental Protection Agency
FR Federal Register
MACT Maximum achievable control technology
NAICS North American Industry Classification System
NESHAP National emission standards for hazardous air pollutants
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RTR Risk and technology review
SPA Superphosphoric acid
TAC Total annualized cost
TCI Total capital investment
TF Total fluoride
TFI The Fertilizer Institute
tpy Tons per year
UMRA Unfunded Mandates Reform Act

    Organization of this Document. The following outline is provided to 
aid in locating information in this preamble.

I. General Information
    A. Does this action apply to me?
    B. How do I obtain a copy of this document and other related 
information?
    C. Judicial Review
II. Background Information
III. Summary of Final Action on Issues Reconsidered
    A. Compliance Deadline for Air Oxidation Reactors Used in SPA 
Lines
    B. Compliance Deadlines for Revised Low-Energy Absorber 
Monitoring Provisions
    C. Monitoring Options for Low-Energy Absorbers
    D. Restoration of the 20-Percent Minimum Liquid Flow 
Rate Variability Allowance
IV. Impacts Associated With This Final Rule
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Categories and entities potentially affected by this 
reconsideration action include those listed in Table 1 of this 
preamble.

 Table 1--NESHAP and Industrial Source Categories Affected by This Final
                                 Action
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               NESHAP and source category                 NAICS \1\ code
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Phosphoric Acid Manufacturing..........................          325312
Phosphate Fertilizer Production
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
final action. To determine whether your facility would be affected by 
this final action, you should examine the applicability criteria in the 
appropriate NESHAP. If you have any questions regarding the 
applicability of any aspect of this final action, please contact the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section 
of this preamble.

B. How do I obtain a copy of this document and other related 
information?

    The docket number for this final action regarding the NESHAP for 
the Phosphoric Acid Manufacturing and Phosphate Fertilizer Production 
source categories is Docket ID No. EPA-HQ-OAR-2012-0522.
    In addition to being available in the docket, an electronic copy of 
this document will also be available on the Internet. Following 
signature by the EPA Administrator, the EPA will post a

[[Page 45194]]

copy of this final action at https://www.epa.gov/stationary-sources-air-pollution/phosphate-fertilizer-production-plants-and-phosphoric-acid. Following publication in the Federal Register, the EPA will post 
the Federal Register version and key technical documents on this same 
Web site.

C. Judicial Review

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit (the 
Court) by November 27, 2017. Under CAA section 307(d)(7)(B), only an 
objection to this final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Note, under CAA section 307(b)(2), the requirements 
established by this final rule may not be challenged separately in any 
civil or criminal proceedings brought by the EPA to enforce these 
requirements.

II. Background Information

    On June 10, 1999 (64 FR 31358), the EPA promulgated 40 CFR part 63, 
subpart AA for the Phosphoric Acid Manufacturing source category and 40 
CFR part 63, subpart BB for the Phosphate Fertilizer Production source 
category. On August 19, 2015 (80 FR 50386), the EPA published amended 
rules for both source categories that took into consideration the 
technology review and residual risk review required by sections 
112(d)(6) and 112(f) of the CAA, respectively. Following promulgation 
of the August 2015 rule revisions, the EPA received two petitions for 
reconsideration from The Fertilizer Institute (TFI) and the Phosphate 
Corporation of Saskatchewan, including: PCS Phosphate Company, Inc.; 
White Springs Agricultural Chemical, Inc., DBA PCS Phosphate-White 
Springs; and PCS Nitrogen Fertilizer, L.P., (collectively ``PCS''), 
requesting administrative reconsideration of amended 40 CFR part 63, 
subpart AA and subpart BB under CAA section 307(d)(7)(B).
    In response to the petitions, the EPA reconsidered and requested 
comment on three distinct issues:
     Compliance deadline for air oxidation reactors used in SPA 
lines;
     Compliance deadlines for low-energy absorber monitoring 
provisions; and
     Monitoring options for low-energy absorbers.
    The EPA proposed a notice of reconsideration including proposed 
rule amendments in the Federal Register on December 9, 2016 (81 FR 
89026). We received public comments from two parties. Copies of all 
comments submitted are available at the EPA Docket Center Public 
Reading Room. Comments are also available electronically through http://www.regulations.gov by searching Docket ID No. EPA-HQ-OAR-2012-0522.
    In this document, the EPA is taking final action with respect to 
the reconsideration and proposed amendments. Section III of this 
preamble summarizes the public comments received on the proposed notice 
of reconsideration, presents the EPA's responses to the comments, and 
explains our rationale for the rule revisions published here.
    We are also restoring a provision of the 1999 maximum achievable 
control technology (MACT) rules that was inadvertently omitted from the 
risk and technology review (RTR) amendments to those rules. That 
provision, related to compliance monitoring, allowed sources a 20-percent variability in the minimum liquid flow rate to the 
absorber.

III. Summary of Final Action on Issues Reconsidered

    The three reconsideration issues for which amendments are being 
finalized in this rulemaking are: (1) Compliance deadlines for air 
oxidation reactors used in SPA lines; (2) compliance deadlines for 
revised low-energy absorber monitoring provisions; and (3) monitoring 
options for low-energy absorbers. A fourth issue, which was identified 
after the close of the public comment period, is also being addressed 
in this action. This is the restoration of the 20-percent 
variability allowance for the minimum liquid flow rate to the absorber. 
Each of these issues is discussed in detail in the following sections 
of this preamble.

A. Compliance Deadline for Air Oxidation Reactors Used in SPA Lines

    In the August 19, 2015, amendments to 40 CFR part 63, subpart AA, 
the EPA revised the SPA process line definition to include oxidation 
reactors. The EPA received petitions requesting the compliance schedule 
be changed to allow more time for affected sources to include emissions 
from oxidation reactors when determining compliance with the total 
fluoride (TF) emission limits for SPA process lines. In response to the 
petitions, on December 9, 2016, we proposed to revise the compliance 
date from August 19, 2016, to August 19, 2018. We did not receive 
adverse comments on this change. Instead, both commenters stated that 
they supported this change. Therefore, in this action, the EPA is 
finalizing the compliance date revision as proposed. The compliance 
date by which affected sources must include emissions from oxidation 
reactors when determining compliance with the TF emission limits for 
SPA process lines is August 19, 2018.\1\
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    \1\ Refer to finalized footnotes ``c'' of Table 1 and Table 2 to 
subpart AA of 40 CFR part 63.
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B. Compliance Deadlines for Revised Low-Energy Absorber Monitoring 
Provisions

    In the August 19, 2015, amendments to 40 CFR part 63, subpart AA 
and 40 CFR part 63, subpart BB, the EPA changed the compliance 
monitoring requirement for low-energy absorbers (i.e., absorbers that 
are designed to operate with pressure drops of 5 inches of water column 
or less) to require monitoring of liquid-to-gas ratio in lieu of 
monitoring influent liquid flow and pressure drop through the absorber. 
The EPA received petitions requesting the compliance schedule be 
changed to allow more time for affected sources to comply with these 
monitoring requirements. In response to the petitions, on December 9, 
2016, we proposed to revise the compliance dates from August 19, 2016, 
to August 19, 2017, to allow owners and operators additional time to 
obtain and certify the instruments needed to monitor liquid-to-gas 
ratio. However, in this action, the EPA is revising the compliance 
dates to no later than August 19, 2018, for existing sources as well as 
for those sources that commenced construction or reconstruction after 
December 27, 1996, and on or before August 19, 2015. We are also 
clarifying that new sources that commence construction or 
reconstruction after August 19, 2015, must comply with the monitoring 
requirements for absorbers immediately upon startup.
    Both commenters said that the proposed compliance date (i.e., 
August 19, 2017) for monitoring liquid-to-gas ratio on low-energy 
absorbers only allows approximately seven months to achieve compliance 
from the date public comments were due (i.e., January 23, 2017). These 
commenters asserted that a duration of 7 months may not be sufficient 
to acquire, engineer, test, and install the requisite technologies. One 
of the commenters specified that 7 months is not enough time to 
complete and begin implementing gas flow monitoring plans for at least 
20 of their low-energy absorbers. Additionally, the commenter

[[Page 45195]]

asserted that for at least some of their low-energy absorbers, gas flow 
meters are likely not feasible due to the saturated (and sometimes 
supersaturated) conditions of the gas streams that these absorbers 
handle; therefore, the commenter contended they need more time to 
assess liquid-to-gas ratio monitoring options and to establish 
operating limits. The commenter stated that each liquid-to-gas ratio 
monitoring option requires complicated, time-consuming, and absorber-
specific evaluations. For example, to develop regression models, new 
instrumentation to monitor fan suction pressure and blower amperage 
must be installed for some absorbers, and facilities need to make 
changes to their computer programs. Moreover, the commenter stated that 
once a regression model is developed, they need additional time to 
establish the liquid-to-gas ratio operating limit by conducting a 
performance test. This commenter also maintained that for some of their 
low-energy absorbers they may need to use an Alternative Monitoring 
Plan (AMP) to comply with the liquid-to-gas ratio monitoring 
requirements and 7 months may not be enough time to get approval for 
the AMP. The commenter cited a specific example where the EPA Region is 
in the tenth month of reviewing one of the company's AMP requests. 
Additionally, one commenter suggested that the EPA revise the 
``existing source'' definition in 40 CFR part 63, subpart AA and 40 CFR 
part 63, subpart BB to extend the compliance date (for the liquid-to-
gas ratio monitoring requirements for low-energy absorbers) to those 
new sources that were in operation on the date the technology review 
and residual risk review were proposed.
    Based on these comments, we agree that more time beyond what we 
proposed is needed to achieve compliance with the liquid-to-gas ratio 
monitoring requirements for low-energy absorbers. To allow time to 
evaluate all monitoring options, obtain and certify instruments, 
establish operating limits, and, in certain cases, develop a regression 
model or AMP, the EPA is finalizing a compliance date that is no later 
than August 19, 2018.\2\ This extension provides a total of 3 years 
from promulgation (of the August 19, 2015, amendments to 40 CFR part 
63, subparts AA and BB) for sources to comply with the rule, and is the 
maximum compliance period allowed by the CAA. We also agree with the 
commenter that the compliance date should apply to certain new sources. 
This was an error in the December 9, 2016, proposal as we did not 
intend for the compliance date to apply to only existing sources. 
Therefore, in this action, the EPA is correcting this error at footnote 
b for Table 3 to subpart AA of 40 CFR part 63 and footnote b for Table 
3 to subpart BB of 40 CFR part 63 such that the compliance date for the 
liquid-to-gas ratio monitoring requirements for low-energy absorbers 
applies to both existing sources and those new sources that commenced 
construction or reconstruction after December 27, 1996, and on or 
before August 19, 2015. We are also clarifying that new sources that 
commence construction or reconstruction after August 19, 2015, must 
comply with the monitoring requirements for absorbers immediately upon 
startup. Instead of revising the ``existing source'' definition as 
requested by the commenter, we determined it will be clearer and more 
straightforward to make the corrections in these footnotes.
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    \2\ Refer to finalized footnote b of Table 3 to subpart AA of 40 
CFR part 63 and Table 3 to subpart BB of 40 CFR part 63.
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    Furthermore, one commenter requested that the EPA add more 
compliance options for low-energy absorbers in advance of the 
compliance date for the liquid-to-gas ratio monitoring requirements. 
The commenter asserted that footnote b for Table 3 to subpart AA of 40 
CFR part 63 and footnote b for Table 3 to subpart BB of 40 CFR part 63 
are too narrowly drafted because they do not allow facilities to use 
liquid-to-gas ratio monitoring or their current monitoring strategies, 
such as monitoring in accordance with an already approved AMP or an 
applicable monitoring provision of a permit issued under 40 CFR part 
70, in advance of the compliance date. This commenter suggested edits 
to footnote b for Table 3 to subpart AA of 40 CFR part 63 and footnote 
b for Table 3 to subpart BB of 40 CFR part 63 (see docket item EPA-HQ-
OAR-2012-0522-0097) to allow compliance with any one of the following: 
(i) The monitoring requirements in Table 3 for absorbers designed and 
operated with pressure drops of 5 inches of water column or less; (ii) 
the applicable monitoring provisions of a permit issued under 40 CFR 
part 70 or an Alternative Monitoring Plan approved pursuant to 40 CFR 
63.8(f); or (iii) the installation of continuous parameter monitoring 
systems (CPMS) for pressure at the gas stream inlet or outlet of the 
absorber, and monitoring pressure drop through the absorber. We agree 
with the commenter that facilities should be allowed to use liquid-to-
gas ratio monitoring or their current approved monitoring strategy (in 
lieu of monitoring pressure drop through the absorber), in advance of 
the compliance date for the liquid-to-gas ratio monitoring requirements 
for low-energy absorbers. Therefore, for the most part, we included the 
commenter's edits to footnote b for Table 3 to subpart AA of 40 CFR 
part 63 and footnote b for Table 3 to subpart BB of 40 CFR part 63 in 
the final rules. However, we added language to the commenter's edits to 
ensure that if an owner or operator were to use a part 70 monitoring 
provision, it would be a federally enforceable provision. We also split 
the option to use a part 70 monitoring provision and the option to use 
an AMP such that it is one or the other. The final rule allows an owner 
or operator to use liquid-to-gas ratio monitoring or their current 
approved monitoring strategy (in lieu of monitoring pressure drop 
through the absorber), in advance of the compliance date for the 
liquid-to-gas ratio monitoring requirements for low-energy absorbers.
    Finally, one commenter requested that the EPA include language in 
the final rules to authorize compliance with an AMP that is still under 
review by an EPA Regional office beyond the compliance date for the 
liquid-to-gas ratio monitoring requirements, provided the AMP request 
was submitted to the Region more than 30 days in advance of the 
compliance deadline. The commenter maintained that without this type of 
category-specific provision, owners or operators are not entitled 
(based on the existing provision at 40 CFR 63.8(f)(1)) to rely on AMPs 
in advance of the EPA's approval. The commenter stated that although 40 
CFR 63.8(f)(5)(i) calls for the Agency to respond to AMP requests 
within 30 days of receipt, the EPA sometimes needs more than 30 days to 
grant or deny such requests. The commenter asserted they are unable to 
predict or control the response time of the EPA; therefore, they should 
not be required to carry the risk and uncertainty of relying on an AMP 
that is still under EPA review after the compliance deadline. The 
commenter also stated that facility-specific extensions may not be 
available under CAA section 112(i)(3)(B), which authorizes a 1-year 
extension if ``necessary for the installation of controls.'' The 
commenter contended that liquid-to-gas monitoring may require new 
equipment for some low-energy absorbers, but the new equipment will 
likely be for absorber

[[Page 45196]]

monitoring and not control of pollutants.
    We disagree with the commenter's request to authorize compliance 
with AMPs that are still under the EPA review beyond the compliance 
date for the liquid-to-gas ratio monitoring requirements. As stated 
previously, we are revising and finalizing the compliance date for the 
liquid-to-gas ratio monitoring requirements for low-energy absorbers to 
no later than August 19, 2018, which is 3 years from promulgation of 
the final rule, and is the maximum allowed under the CAA for phosphoric 
acid and phosphate fertilizer manufacturers to comply with the rule. We 
believe this is an ample amount of time for any outstanding AMPs to be 
approved. Furthermore, the existing provision at 40 CFR 63.8(f)(1) has 
been in place for more than 20 years. During this time, the process for 
review and resolution of AMP requests has functioned satisfactorily 
within the established timelines. The concern raised by the commenter 
involves one unique case currently under consideration. We concluded 
that adopting a blanket exemption from the procedures of 40 CFR 63.8(f) 
for all owners or operators of the Phosphoric Acid Manufacturing and 
Phosphate Fertilizer Production source categories is inappropriate. 
This one unique case is more appropriately handled by the EPA Regional 
office continuing to review the technical merits of the AMP application 
and applying enforcement discretion to ensure equitable treatment of 
the company.

C. Monitoring Options for Low-Energy Absorbers

    In response to the petitions the EPA received regarding monitoring 
requirements for low-energy absorbers, we proposed to clarify an 
existing monitoring option (i.e., the blower design capacity option) 
and to add a new option (i.e., the regression model option) to 40 CFR 
part 63, subpart AA and 40 CFR part 63, subpart BB. We also proposed 
language reminding affected entities that they can request an 
alternative monitoring method under the provisions of 40 CFR 63.8(f) on 
a site-specific basis. Refer to the preamble to the proposed rule (81 
FR 89026) for more details on each of these changes.
    With exception of the items discussed in the following paragraphs, 
commenters stated that they supported these changes. Therefore, unless 
discussed below, we are finalizing the changes regarding monitoring 
requirements for low-energy absorbers as proposed.
Blower Design Capacity Option
    In response to petitioner requests for clarification of the 
regulatory language describing the blower design capacity option for 
determining the gas flow rate through the absorber (for use in 
monitoring the liquid-to-gas ratio), we clarified in the preamble to 
the proposed rulemaking how this option can be used. Additionally, we 
proposed changing the term ``design blower capacity'' in Table 3 to 
subpart AA of 40 CFR part 63 and Table 3 to subpart BB of 40 CFR part 
63 to ``blower design capacity'' and made other minor text edits to 
these tables in order to use the phrase ``gas flow rate through the 
absorber'' more consistently. We also proposed footnote c for Table 3 
to subpart AA of 40 CFR part 63 and footnote c for Table 3 to subpart 
BB of 40 CFR part 63 to add certain site-specific monitoring plan 
requirements, clarify that the blower design capacity option is 
intended to establish the maximum possible gas flow through the 
absorber, and explain that the blower design capacity option can be 
used regardless of whether the blower is located on the influent or 
effluent side of the absorber. Finally, we proposed a requirement at 40 
CFR 63.608(e) and 40 CFR 63.628(e) to document, in the site-specific 
monitoring plan, the calculations that were used to make adjustments 
for pressure drop if blower design capacity is used to establish the 
maximum possible gas flow rate through an absorber. In this action, the 
EPA is finalizing, with one exception, all the proposed language 
regarding the blower design capacity option.
    The one change to the proposed language for the blower design 
capacity option is our addition of language in footnote c to Table 3 to 
subpart AA of 40 CFR part 63 and Table 3 to subpart BB of 40 CFR part 
63 to clarify that owners and operators must establish the minimum 
liquid-to-gas ratio operating limit by dividing the minimum liquid flow 
rate to the absorber determined during a performance test by the 
maximum possible gas flow rate through the absorber determined using 
blower design capacity. One commenter requested the EPA include the 
following additional language to footnote c to Table 3 to subpart AA of 
40 CFR part 63 and Table 3 to subpart BB of 40 CFR part 63: ``The 
maximum design gas flow through the scrubber, or Fmax, shall be 
determined using the blower design capacity and system pressure drop. 
During performance testing, the observed liquid-to-gas ratio, L/G, will 
be determined. The minimum liquid flow will be established by 
multiplying the compliance L/G by Fmax.'' We disagree that the language 
should be added to footnote c as drafted by the commenter because it 
introduces a new undefined and unnecessary term ``Fmax.''
    We also disagree because much of the commenter's language is 
already included elsewhere in the rules,\3\ and while the commenter's 
suggested third sentence is not addressed elsewhere, it can be 
rewritten without the use of a new term, ``Fmax.'' Therefore, instead 
of using the commenter's suggested third sentence, we are including a 
new sentence in footnote c for Table 3 to subpart AA of 40 CFR part 63 
and footnote c for Table 3 to subpart BB of 40 CFR part 63 to read as 
follows: ``Establish the minimum liquid-to-gas ratio operating limit by 
dividing the minimum liquid flow rate to the absorber (determined 
during a performance test) by the maximum possible gas flow rate 
through the absorber (determined using blower design capacity).'' We 
consider this revised sentence as clarifying how each term in the 
liquid-to-gas ratio is determined and used.
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    \3\ Existing rule language currently in the rules that the 
commenter suggested is found at Table 3 to subpart AA of 40 CFR part 
63; Table 3 to subpart BB of 40 CFR part 63; 40 CFR 63.605(d); at 40 
CFR 63.625(d); at Table 4 to subpart AA of 40 CFR part 63 and at 
Table 4 to subpart BB of 40 CFR part 63.
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Regression Model Option
    In response to the petitions the EPA received requesting other 
options to be considered for determining the gas flow rate through the 
absorber, which is used in monitoring the liquid-to-gas ratio, we 
proposed to include an option in Table 3 to subpart AA of 40 CFR part 
63 and in Table 3 to subpart BB of 40 CFR part 63, that allows 
facilities to develop and use a regression model to determine gas flow 
rate through an absorber in lieu of direct measurement or using blower 
design capacity. We also proposed a requirement in footnote a for Table 
4 to subpart AA of 40 CFR part 63 and footnote a for Table 4 to subpart 
BB of 40 CFR part 63 requiring continuous monitoring of blower 
amperage, blower static pressure, i.e., fan suction pressure, and any 
other parameters used in the regression model that are not constants. 
Finally, to allow the flexibility to use best engineering judgment and 
calculations, we also proposed an annual requirement at 40 CFR 
63.608(f) and 40 CFR 63.628(f) to document, in the site-specific 
monitoring plan, the calculations that were used to develop the 
regression model and to require that the site-specific monitoring plan 
be updated annually to maintain accuracy

[[Page 45197]]

and reflect data used in the annual regression model verification.
    Both commenters stated that they support the use of a regression 
model to determine gas flow rate through an absorber, but requested one 
clarification to the proposed language. The commenters requested that 
the EPA revise footnote d for Table 3 to subpart AA of 40 CFR part 63 
and footnote d for Table 3 to subpart BB of 40 CFR part 63 to clarify 
whether an emissions performance test is necessary when developing and 
verifying gas flow regression models. The commenters contended that the 
EPA should allow facilities to develop and verify gas flow regression 
models separately from the required annual emissions performance test. 
One commenter maintained that requiring facilities to conduct a 
performance test to develop a regression model would waste resources 
and needlessly complicate the schedule for liquid-to-gas ratio 
monitoring. The commenter contended that facilities would have to 
conduct more than one performance test in a year's time to first 
develop a regression model and then set operating limits for liquid-to-
gas ratio. The commenters suggested edits to footnote d for Table 3 to 
subpart AA of 40 CFR part 63 and footnote d for Table 3 to subpart BB 
of 40 CFR part 63 (see docket items EPA-HQ-OAR-2012-0522-0097 and EPA-
HQ-OAR-2012-0522-0098) to make clear that an emissions performance test 
is not required to develop and verify gas flow regression models. We 
agree with the commenters' edits to footnote d as it was our intent to 
allow facilities the flexibility to develop and verify gas flow 
regression models (using direct measurements of gas flow rate, for 
example, via EPA Method 2) either separately from, or in conjunction 
with, the annual performance test. Therefore, in this action, the EPA 
is finalizing, with one change, all the proposed language regarding the 
regression model option. The one change we are making to the proposed 
language is that we are revising and clarifying footnote d for Table 3 
to subpart AA of 40 CFR part 63 and footnote d for Table 3 to subpart 
BB of 40 CFR part 63 to convey that direct measurements of gas flow 
rate used to develop or verify regression models may be collected 
during, or separately from, the annual performance testing that is 
required in 40 CFR 63.606(b) for subpart AA or 40 CFR 63.626(b) for 
subpart BB.

D. Restoration of the 20-Percent Minimum Liquid Flow Rate 
Variability Allowance

    The June 10, 1999, MACT rules (64 FR 31358) included provisions to 
account for the variability in absorber (i.e., scrubber) pressure drop 
and the variability in minimum liquid flow rate to the absorber. 
Specifically, as a compliance monitoring provision of the 1999 MACT 
rules, owners/operators are required to conduct a performance test to 
determine the baseline average value for both the pressure drop and for 
the minimum liquid flow rate of the absorber, and are then allowed to 
operate within a range that is within 20 percent of this rate.
    The August 19, 2015 (80 FR 50386), RTR final rule included the 
allowance for the 20-percent variability in the absorber 
pressure drop, but did not include the allowance for the 20-percent variability in the minimum liquid flow rate to the 
absorber.
    Industry brought this omission to our attention after the comment 
period for this reconsideration rule. We subsequently reviewed the 
record for the August 2015 RTR final rule and could not find any record 
of a decision to remove the 20-percent minimum liquid flow 
rate variability provision. Therefore, we have concluded that this 
omission was an inadvertent error in the August 2015 RTR final rule, 
and we are restoring that provision in these final rules. Subpart AA 
includes this restored provision at 40 CFR 63.605(d)(1)(ii)(A) and 
subpart BB includes this restored provision at 40 CFR 
63.625(d)(1)(ii)(A).

IV. Impacts Associated With This Final Rule

    This action revises compliance dates specific to oxidation reactors 
in the Phosphoric Acid Manufacturing source category, and absorber 
monitoring in both the Phosphoric Acid Manufacturing and Phosphate 
Fertilizer Production source categories. We expect the additional 
compliance time for oxidation reactors to comply with the rule will 
have an insignificant effect on a phosphoric acid manufacturing plant's 
overall emissions.
    Specifically, in the reconsideration proposal, the EPA discussed 
hydrogen fluoride emissions reductions of 0.047 tons per year (tpy) 
from the oxidation reactor (i.e., a reduction from 0.049 tpy to 0.002 
tpy) and TF emissions reductions of 0.14 tpy from the oxidation reactor 
(i.e., a reduction from 0.147 tpy to 0.007 tpy). The additional 2-year 
compliance time for oxidation reactors to meet the emission limits in 
the final rule result in an additional 0.098 tons (196 pounds) of 
hydrogen fluoride and 0.28 tons (560 pounds) of total fluoride. 
Hydrogen fluoride emissions from SPA process lines, including oxidation 
reactors, account for less than 1 percent of all hydrogen fluoride 
emissions from the source category.
    The revisions related to the gas flow calculation that we are 
finalizing result in capital cost savings of $88,200 per facility, and 
capital cost savings of $1,147,200 industry-wide.\4\ These cost savings 
are due to our providing alternatives to the requirement to use a gas 
flow meter for monitoring gas flow at low energy absorbers. In addition 
to the gas flow meter, we are providing two other monitoring methods as 
alternative compliance options: (1) A blower design capacity model; and 
(2) a regression model.
---------------------------------------------------------------------------

    \4\ For the detailed calculations on these cost savings, refer 
to ``Detailed Costs of Monitoring Gas Flow Options Worksheet June 
2017.xlsx'' and ``Annualized Cost of Monitoring Options 
Worksheet.xlsx'' which are available in the docket for this rule.

                          Table 2--Cost Comparison of Different Options for Determining Gas Flow Rate at Low Pressure Absorbers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Annualized facility costs                     Annualized industry wide costs
                                                         Capital costs               (2016$)              Industry Wide               (2016$)
                   Compliance option                      per facility  --------------------------------  Capital Costs  -------------------------------
                                                                               3%              7%              \1\              3%              7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blower Design Capacity Model..........................           $6,400            $800            $960          $83,700         $10,300         $12,500
Regression Model......................................            4,200             500             600           54,300           6,700           8,100
Gas Flow Meter........................................           92,400          15,800          18,200        1,201,500         205,900         236,100
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Capital costs per facility are rounded values. Industry-wide capital costs are calculated by multiplying the non-rounded values for capital costs
  per facility by 13 (the total number of facilities in the source category). The resulting product is rounded after calculation.


[[Page 45198]]

    The costs described in this action are a result of only the final 
reconsideration notice, and show a cost savings. The costs were 
calculated at both a 7-percent rate and a 3-percent rate. There is a 
reduction in estimated annualized costs calculated at both the 7-
percent rate and at the 3-percent rate as a result of all 13 affected 
facilities implementing a lower cost option to monitor the ratio of 
liquid-to-gas in low energy absorbers, as compared to the cost of that 
requirement in the rule promulgated in August 2015. We note that the 
cost savings presented here are not associated with any change in 
emission limit, do not result in higher hazardous air pollutant 
emissions, and do not have a negative effect on human health or the 
environment.

 Table 3--Total Potential Capital and Annualized Savings From Monitoring
                   Alternatives for Subparts AA and BB
                                 [2016$]
------------------------------------------------------------------------
      Total capital cost savings       Total annual cost savings (2016$)
------------------------------------------------------------------------
$1,147,000...........................  $208,000 (3% discount rate).
                                       $237,000 (7% discount rate).
------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

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

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

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0361. With this action, the EPA is finalizing 
amendments to 40 CFR part 63, subpart AA and 40 CFR part 63, subpart BB 
that are mainly clarifications to existing rule language to aid in 
implementation issues raised by stakeholders, or are being made to 
allow more time for compliance. Therefore, there are no changes to the 
information collection requirements of the August 19, 2015, final rule, 
and, consequently, the information collection estimate of projected 
costs and hour burden from the final rules have not been revised.

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. This 
action will not impose any requirements on small entities. This action 
finalizes amendments to the 40 CFR part 63, subpart AA and 40 CFR part 
63, subpart BB that are mainly clarifications to existing rule language 
to aid in implementation issues raised by stakeholders, or are being 
made to allow more time for compliance.

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. This 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, on the relationship between the federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the federal government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this action.

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 the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action finalizes amendments to 40 CFR part 63, subpart 
AA and 40 CFR part 63, subpart BB that are mainly clarifications to 
existing rule language to aid in implementation issues raised by 
stakeholders, or are being made to allow more time for compliance. We 
expect the additional compliance time for oxidation reactors will have 
an insignificant effect on a phosphoric acid manufacturing plant's 
overall emissions. Hydrogen fluoride emissions from SPA process lines, 
including oxidation reactors, account for less than 1 percent of all 
hydrogen fluoride emissions from the source category. Therefore, the 
amendments should not appreciably increase risk for any populations.

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 new technical standards.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
Environmental Justice finding in the August 19, 2015, final rule 
remains relevant in this action, which finalizes amendments to these 
rules that are mainly clarifications to existing rule language to aid 
in implementation issues raised by stakeholders, or are being made to 
allow more time for compliance. We expect the additional compliance 
time for oxidation reactors will have an insignificant effect on any 
phosphoric acid manufacturing plant's overall emissions. Hydrogen 
fluoride emissions from SPA process lines, including oxidation 
reactors, account for less than 1 percent of all hydrogen fluoride 
emissions from the source category. Therefore, the amendments should 
not appreciably increase the risk for any populations.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

[[Page 45199]]

List of Subjects in 40 CFR Part 63

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

    Dated: September 13, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons stated in the preamble, part 63 of title 40, 
chapter I, of the Code of Federal Regulations is amended as follows:

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

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

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

Subpart AA--National Emission Standards for Hazardous Air 
Pollutants From Phosphoric Acid Manufacturing Plants

0
2. Section 63.605(d)(1)(ii)(A) is revised to read as follows:


Sec.  63.605  Operating and monitoring requirements.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (A) The allowable range for the daily averages of the pressure drop 
across an absorber and of the flow rate of the absorber liquid to each 
absorber in the process absorbing system, or secondary voltage for a 
wet electrostatic precipitator, is 20 percent of the 
baseline average value determined in paragraph (d)(1)(i) of this 
section. The Administrator retains the right to reduce the 20 percent adjustment to the baseline average values of operating 
ranges in those instances where performance test results indicate that 
a source's level of emissions is near the value of an applicable 
emissions standard. However, the adjustment must not be reduced to less 
than 10 percent under any instance.
* * * * *

0
3. Section 63.608 is amended by adding paragraphs (e) and (f) to read 
as follows:


Sec.  63.608  General requirements and applicability of general 
provisions of this part.

* * * * *
    (e) If you use blower design capacity to determine the gas flow 
rate through the absorber for use in the liquid-to-gas ratio as 
specified in Table 3 to this subpart, then you must include in the 
site-specific monitoring plan specified in paragraph (c) of this 
section calculations showing how you determined the maximum possible 
gas flow rate through the absorber based on the blower's specifications 
(including any adjustments you made for pressure drop).
    (f) If you use a regression model to determine the gas flow rate 
through the absorber for use in the liquid-to-gas ratio as specified in 
Table 3 to this subpart, then you must include in the site-specific 
monitoring plan specified in paragraph (c) of this section the 
calculations that were used to develop the regression model, including 
the calculations you use to convert amperage of the blower to brake 
horsepower. You must describe any constants included in the equations 
(e.g., efficiency, power factor), and describe how these constants were 
determined. If you want to change a constant in your calculation, then 
you must conduct a regression model verification to confirm the new 
value of the constant. In addition, the site-specific monitoring plan 
must be updated annually to reflect the data used in the annual 
regression model verification that is described in Table 3 to this 
subpart.

Table 1 to Subpart AA of Part 63 [Amended]

0
4. Table 1 to Subpart AA of Part 63, footnote ``c'' is amended by 
removing the text ``August 19, 2016,'' and adding the text ``August 19, 
2018,'' in its place.

Table 2 to Subpart AA of Part 63 [Amended]

0
5. Table 2 to Subpart AA of Part 63, footnote ``c'' is amended by 
removing the text ``August 19, 2016,'' and adding the text ``August 19, 
2018,'' in its place.


0
6. Table 3 to subpart AA of part 63 is amended by:
0
a. Revising the column headings for ``And you must monitor . . .'' and 
``And . . .'';
0
b. Revising the entry for ``Install CPMS for liquid and gas flow at the 
inlet of the absorber''; and
0
c. Adding footnotes ``a'' through ``d'' at the end of the table.
    The revisions and additions read as follows:

                   Table 3 to Subpart AA of Part 63--Monitoring Equipment Operating Parameters
----------------------------------------------------------------------------------------------------------------
                                                                 And you must monitor .
            You must . . .                     If . . .                 . . \a\               And . . . \a\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Install CPMS for liquid and gas flow   Your absorber is         Liquid-to-gas ratio as   You must determine the
 at the inlet of the absorber \b\.      designed and operated    determined by dividing   gas flow rate through
                                        with pressure drops of   the influent liquid      the absorber by:
                                        5 inches of water        flow rate by the gas    Measuring the gas flow
                                        column or less; or.      flow rate through the    rate at the absorber
                                       Your absorber is          absorber. The units of   inlet or outlet;
                                        designed and operated    measure must be         Using the blower design
                                        with pressure drops of   consistent with those    capacity, with
                                        5 inches of water        used to calculate this   appropriate
                                        column or more, and      ratio during the         adjustments for
                                        you choose to monitor    performance test.        pressure drop; \c\ or
                                        the liquid-to-gas                                Using a regression
                                        ratio, rather than                                model.\d\
                                        only the influent
                                        liquid flow, and you
                                        want the ability to
                                        lower liquid flow with
                                        changes in gas flow.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ To monitor an operating parameter that is not specified in this table (including process-specific techniques
  not specified in this table to determine gas flow rate through an absorber), you must request, on a site-
  specific basis, an alternative monitoring method under the provisions of 40 CFR 63.8(f).

[[Page 45200]]

 
\b\ For new sources that commence construction or reconstruction after August 19, 2015, the compliance date is
  immediately upon startup. For existing sources, and new sources that commence construction or reconstruction
  after December 27, 1996, and on or before August 19, 2015, if your absorber is designed and operated with
  pressure drops of 5 inches of water column or less, then the compliance date is August 19, 2018. In the
  interim, for existing sources, and new sources that commence construction or reconstruction after December 27,
  1996, and on or before August 19, 2015, with an absorber designed and operated with pressure drops of 5 inches
  of water column or less, you must comply with one of the following: (i) The monitoring requirements in this
  Table 3 for absorbers designed and operated with pressure drops of 5 inches of water column or less; (ii) the
  applicable monitoring provisions included in a permit issued under 40 CFR part 70 to assure compliance with
  subpart AA; (iii) the applicable monitoring provisions of an Alternative Monitoring Plan approved pursuant to
  Sec.   63.8(f); or (iv) install CPMS for pressure at the gas stream inlet and outlet of the absorber, and
  monitor pressure drop through the absorber.
\c\ If you select this option, then you must comply with Sec.   63.608(e). The option to use blower design
  capacity is intended to establish the maximum possible gas flow through the absorber; and is available
  regardless of the location of the blower (influent or effluent), as long as the gas flow rate through the
  absorber can be established. Establish the minimum liquid-to-gas ratio operating limit by dividing the minimum
  liquid flow rate to the absorber (determined during a performance test) by the maximum possible gas flow rate
  through the absorber (determined using blower design capacity).
\d\ If you select this option, then you must comply with Sec.   63.608(f). The regression model must be
  developed using direct measurements of gas flow rate, and design fan curves that correlate gas flow rate to
  static pressure (i.e., fan suction pressure) and brake horsepower of the blower. You must conduct an annual
  regression model verification using direct measurements of gas flow rate to ensure the correlation remains
  accurate. Direct measurements of gas flow rate used to develop or verify regression models may be collected
  during, or separately from, the annual performance testing that is required in Sec.   63.606(b).


0
7. Table 4 to subpart AA of part 63 is amended by revising the entry 
for ``Influent liquid flow rate and gas stream flow rate'' and adding 
footnote ``a'' at the end of the table to read as follows:

         Table 4 to Subpart AA of Part 63--Operating Parameters, Operating Limits and Data Monitoring, Recordkeeping and Compliance Frequencies
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                And you must monitor, record, and demonstrate continuous compliance using these minimum
   For the operating parameter       You must establish the                                        frequencies . . .
 applicable to you, as specified   following operating limit -------------------------------------------------------------------------------------------
         in Table 3 . . .                    . . .                                                                           Data averaging  period for
                                                                     Data measurement               Data  recording                  compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Influent liquid flow rate and gas  Minimum influent liquid-   Continuous...................  Every 15 minutes.............  Daily.
 stream flow rate.                  to-gas ratio \a\.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ If you select the regression model option to monitor influent liquid-to-gas ratio as described in Table 3 to this subpart, then you must also
  continuously monitor (i.e., record every 15 minutes, and use a daily averaging period) blower amperage, blower static pressure (i.e., fan suction
  pressure), and any other parameters used in the regression model that are not constants.

Subpart BB--National Emission Standards for Hazardous Air 
Pollutants From Phosphate Fertilizers Production Plants

0
8. Section 63.625(d)(1)(ii)(A) is revised to read as follows:


Sec.  63.625  Operating and monitoring requirements.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (A) The allowable range for the daily averages of the pressure drop 
across an absorber and of the flow rate of the absorber liquid to each 
absorber in the process absorbing system, or secondary voltage for a 
wet electrostatic precipitator, is 20 percent of the 
baseline average value determined in paragraph (d)(1)(i) of this 
section. The Administrator retains the right to reduce the 20 percent adjustment to the baseline average values of operating 
ranges in those instances where performance test results indicate that 
a source's level of emissions is near the value of an applicable 
emissions standard. However, the adjustment must not be reduced to less 
than 10 percent under any instance.
* * * * *

0
9. Section 63.628 is amended by adding paragraphs (e) and (f) to read 
as follows:


Sec.  63.628  General requirements and applicability of general 
provisions of this part.

* * * * *
    (e) If you use blower design capacity to determine the gas flow 
rate through the absorber for use in the liquid-to-gas ratio as 
specified in Table 3 to this subpart, then you must include in the 
site-specific monitoring plan specified in paragraph (c) of this 
section calculations showing how you determined the maximum possible 
gas flow rate through the absorber based on the blower's specifications 
(including any adjustments you made for pressure drop).
    (f) If you use a regression model to determine the gas flow rate 
through the absorber for use in the liquid-to-gas ratio as specified in 
Table 3 to this subpart, then you must include in the site-specific 
monitoring plan specified in paragraph (c) of this section the 
calculations that were used to develop the regression model, including 
the calculations you use to convert amperage of the blower to brake 
horsepower. You must describe any constants included in the equations 
(e.g., efficiency, power factor), and describe how these constants were 
determined. If you want to change a constant in your calculation, then 
you must conduct a regression model verification to confirm the new 
value of the constant. In addition, the site-specific monitoring plan 
must be updated annually to reflect the data used in the annual 
regression model verification that is described in Table 3 to this 
subpart.

0
10. Table 3 to subpart BB of part 63 is amended by:
0
a. Revising the column headings for ``And you must monitor . . .'' and 
``And . . .'';

[[Page 45201]]

0
b. Revising the entry for ``Install CPMS for liquid and gas flow at the 
inlet of the absorber''; and
0
c. Adding footnotes ``a'' through ``d'' at the end of the table.
    The revisions and additions read as follows:

                   Table 3 to Subpart BB of Part 63--Monitoring Equipment Operating Parameters
----------------------------------------------------------------------------------------------------------------
                                                                 And you must monitor .
            You must . . .                     If . . .                 . . \a\               And . . . \a\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Install CPMS for liquid and gas flow   Your absorber is         Liquid-to-gas ratio as   You must determine the
 at the inlet of the absorber \b\.      designed and operated    determined by dividing   gas flow rate through
                                        with pressure drops of   the influent liquid      the absorber by:
                                        5 inches of water        flow rate by the gas    Measuring the gas flow
                                        column or less; or.      flow rate through the    rate at the absorber
                                       Your absorber is          absorber. The units of   inlet or outlet;
                                        designed and operated    measure must be         Using the blower design
                                        with pressure drops of   consistent with those    capacity, with
                                        5 inches of water        used to calculate this   appropriate
                                        column or more, and      ratio during the         adjustments for
                                        you choose to monitor    performance test.        pressure drop; \c\ or
                                        the liquid-to-gas                                Using a regression
                                        ratio, rather than                                model.\d\
                                        only the influent
                                        liquid flow, and you
                                        want the ability to
                                        lower liquid flow with
                                        changes in gas flow.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ To monitor an operating parameter that is not specified in this table (including process-specific techniques
  not specified in this table to determine gas flow rate through an absorber), you must request, on a site-
  specific basis, an alternative monitoring method under the provisions of Sec.   63.8(f).
\b\ For new sources that commence construction or reconstruction after August 19, 2015, the compliance date is
  immediately upon startup. For existing sources, and new sources that commence construction or reconstruction
  after December 27, 1996, and on or before August 19, 2015, if your absorber is designed and operated with
  pressure drops of 5 inches of water column or less, then the compliance date is August 19, 2018. In the
  interim, for existing sources, and new sources that commence construction or reconstruction after December 27,
  1996, and on or before August 19, 2015, with an absorber designed and operated with pressure drops of 5 inches
  of water column or less, you must comply with one of the following: (i) The monitoring requirements in this
  Table 3 for absorbers designed and operated with pressure drops of 5 inches of water column or less; (ii) the
  applicable monitoring provisions included in a permit issued under 40 CFR part 70 to assure compliance with
  subpart BB; (iii) the applicable monitoring provisions of an Alternative Monitoring Plan approved pursuant to
  Sec.   63.8(f); or (iv) install CPMS for pressure at the gas stream inlet and outlet of the absorber, and
  monitor pressure drop through the absorber.
\c\ If you select this option, then you must comply with Sec.   63.628(e). The option to use blower design
  capacity is intended to establish the maximum possible gas flow through the absorber; and is available
  regardless of the location of the blower (influent or effluent), as long as the gas flow rate through the
  absorber can be established. Establish the minimum liquid-to-gas ratio operating limit by dividing the minimum
  liquid flow rate to the absorber (determined during a performance test) by the maximum possible gas flow rate
  through the absorber (determined using blower design capacity).
\d\ If you select this option, then you must comply with Sec.   63.628(f). The regression model must be
  developed using direct measurements of gas flow rate, and design fan curves that correlate gas flow rate to
  static pressure (i.e., fan suction pressure) and brake horsepower of the blower. You must conduct an annual
  regression model verification using direct measurements of gas flow rate to ensure the correlation remains
  accurate. Direct measurements of gas flow rate used to develop or verify regression models may be collected
  during, or separately from, the annual performance testing that is required in Sec.   63.626(b).


0
11. Table 4 to subpart BB of part 63 is revised to read as follows:

         Table 4 to Subpart BB of Part 63--Operating Parameters, Operating Limits and Data Monitoring, Recordkeeping and Compliance Frequencies
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                And you must monitor, record, and demonstrate continuous compliance using these minimum
   For the operating parameter       You must establish the                                        frequencies . . .
 applicable to you, as specified   following operating limit -------------------------------------------------------------------------------------------
         in Table 3 . . .           during your performance                                                                  Data averaging  period for
                                           test . . .                Data measurement                Data recording                  compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Absorbers (Wet Scrubbers)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Influent liquid flow.............  Minimum inlet liquid flow  Continuous...................  Every 15 minutes.............  Daily.
Influent liquid flow rate and gas  Minimum influent liquid-   Continuous...................  Every 15 minutes.............  Daily.
 stream flow rate.                  to-gas ratio \a\.
                                                             -------------------------------------------------------------------------------------------
For the operating parameter        You must establish the       And you must monitor, record, and demonstrate continuous compliance using these minimum
 applicable to you, as specified    following operating                                            frequencies . . .
 in Table 3.                        limit.
                                                             -------------------------------------------------------------------------------------------
                                                              Data measurement.............  Data recording...............  Data averaging
                                                                                                                            period for
                                                                                                                            compliance.
Pressure drop....................  Pressure drop range......  Continuous...................  Every 15 minutes.............  Daily.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Sorbent Injection
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sorbent injection rate...........  Minimum injection rate...  Continuous...................  Every 15 minutes.............  Daily.

[[Page 45202]]

 
Sorbent injection carrier gas      Minimum carrier gas flow   Continuous...................  Every 15 minutes.............  Daily.
 flow rate.                         rate.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Fabric Filters
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alarm time.......................  Maximum alarm time is not  Continuous...................  Each date and time of alarm    Maximum alarm time specified
                                    established on a site-                                    start and stop.                in Sec.   63.605(f)(9).
                                    specific basis but is
                                    specified in Sec.
                                    63.605(f)(9).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Wet Electrostatic Precipitator
--------------------------------------------------------------------------------------------------------------------------------------------------------
Secondary voltage................  Secondary voltage range..  Continuous...................  Every 15 minutes.............  Daily.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-20171 Filed 9-27-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations                                                     45193

                                                ENVIRONMENTAL PROTECTION                                 from 8:30 a.m. to 4:30 p.m., Monday                      D. Unfunded Mandates Reform Act
                                                AGENCY                                                   through Friday, excluding legal                             (UMRA)
                                                                                                         holidays. The telephone number for the                   E. Executive Order 13132: Federalism
                                                40 CFR Part 63                                                                                                    F. Executive Order 13175: Consultation
                                                                                                         Public Reading Room is (202) 566–1744,
                                                                                                                                                                     and Coordination With Indian Tribal
                                                [EPA–HQ–OAR–2012–0522; FRL–9968–01–                      and the telephone number for the EPA                        Governments
                                                OAR]                                                     Docket Center is (202) 566–1742.                         G. Executive Order 13045: Protection of
                                                                                                         FOR FURTHER INFORMATION CONTACT: Ms.                        Children From Environmental Health
                                                RIN 2060–AT14
                                                                                                         Susan Fairchild, Sector Policies and                        Risks and Safety Risks
                                                                                                         Programs Division (Mail Code D243–                       H. Executive Order 13211: Actions
                                                Phosphoric Acid Manufacturing and                                                                                    Concerning Regulations That
                                                Phosphate Fertilizer Production Risk                     02), Office of Air Quality Planning and
                                                                                                         Standards, Environmental Protection                         Significantly Affect Energy Supply,
                                                and Technology Review                                                                                                Distribution, or Use
                                                Reconsideration                                          Agency, Research Triangle Park, North
                                                                                                                                                                  I. National Technology Transfer and
                                                                                                         Carolina 27711; telephone number:                           Advancement Act (NTTAA)
                                                AGENCY:  Environmental Protection                        (919) 541–5167; email address:                           J. Executive Order 12898: Federal Actions
                                                Agency (EPA).                                            fairchild.susan@epa.gov.                                    To Address Environmental Justice in
                                                ACTION: Final rule; notification of final                SUPPLEMENTARY INFORMATION: Acronyms                         Minority Populations and Low-Income
                                                action on reconsideration.                               and Abbreviations. A number of                              Populations
                                                                                                         acronyms and abbreviations are used in                   K. Congressional Review Act (CRA)
                                                SUMMARY:   This action finalizes                         this preamble. While this may not be an
                                                amendments to the National Emission                                                                            I. General Information
                                                                                                         exhaustive list, to ease the reading of
                                                Standards for Hazardous Air Pollutants                   this preamble and for reference                       A. Does this action apply to me?
                                                (NESHAP) for the Phosphoric Acid                         purposes, the following terms and                        Categories and entities potentially
                                                Manufacturing and Phosphate Fertilizer                   acronyms are defined:                                 affected by this reconsideration action
                                                Production source categories. These
                                                                                                         AMP Alternative monitoring plan                       include those listed in Table 1 of this
                                                final amendments are in response to two
                                                                                                         CAA Clean Air Act                                     preamble.
                                                petitions for reconsideration filed by                   CBI Confidential business information
                                                industry stakeholders on the rule                        CFR Code of Federal Regulations                         TABLE 1—NESHAP AND INDUSTRIAL
                                                revisions to the NESHAP for the                          EPA U.S. Environmental Protection Agency
                                                Phosphoric Acid Manufacturing and                        FR Federal Register
                                                                                                                                                                  SOURCE CATEGORIES AFFECTED BY
                                                Phosphate Fertilizer Production source                   MACT Maximum achievable control                          THIS FINAL ACTION
                                                categories that were promulgated on                        technology
                                                                                                         NAICS North American Industry                              NESHAP and source                        NAICS 1
                                                August 19, 2015. We are revising the                                                                                    category                              code
                                                                                                           Classification System
                                                compliance date by which affected
                                                                                                         NESHAP National emission standards for
                                                sources must include emissions from                        hazardous air pollutants                            Phosphoric Acid Manufac-
                                                oxidation reactors when determining                      OMB Office of Management and Budget                     turing .................................     325312
                                                compliance with the total fluoride                       PRA Paperwork Reduction Act                           Phosphate Fertilizer Produc-
                                                emission limits for superphosphoric                      RTR Risk and technology review                          tion
                                                acid (SPA) process lines. In addition, we                SPA Superphosphoric acid                                1 North       American         Industry    Classification
                                                are revising the compliance date for the                 TAC Total annualized cost                             System.
                                                monitoring requirements for low-energy                   TCI Total capital investment
                                                                                                         TF Total fluoride                                        This table is not intended to be
                                                absorbers. We are also clarifying one                                                                          exhaustive, but rather provides a guide
                                                                                                         TFI The Fertilizer Institute
                                                option and adding a new option, to the                   tpy Tons per year                                     for readers regarding entities likely to be
                                                monitoring requirements for low-energy                   UMRA Unfunded Mandates Reform Act                     affected by this final action. To
                                                absorbers.                                                                                                     determine whether your facility would
                                                                                                           Organization of this Document. The
                                                DATES: This final rule is effective on                                                                         be affected by this final action, you
                                                                                                         following outline is provided to aid in
                                                September 28, 2017.                                      locating information in this preamble.                should examine the applicability
                                                ADDRESSES: The Environmental                                                                                   criteria in the appropriate NESHAP. If
                                                                                                         I. General Information
                                                Protection Agency (EPA) has established                     A. Does this action apply to me?                   you have any questions regarding the
                                                a docket for this action under Docket ID                    B. How do I obtain a copy of this document         applicability of any aspect of this final
                                                No. EPA–HQ–OAR–2012–0522. All                                  and other related information?                  action, please contact the person listed
                                                documents in the docket are listed on                       C. Judicial Review                                 in the preceding FOR FURTHER
                                                the https://www.regulations.gov Web                      II. Background Information                            INFORMATION CONTACT section of this
                                                site. Although listed in the index, some                 III. Summary of Final Action on Issues                preamble.
                                                information is not publicly available,                         Reconsidered
                                                e.g., confidential business information                     A. Compliance Deadline for Air Oxidation           B. How do I obtain a copy of this
                                                                                                               Reactors Used in SPA Lines                      document and other related
                                                or other information whose disclosure is                    B. Compliance Deadlines for Revised Low-
                                                restricted by statute. Certain other                                                                           information?
                                                                                                               Energy Absorber Monitoring Provisions
                                                material, such as copyrighted material,                     C. Monitoring Options for Low-Energy                 The docket number for this final
                                                is not placed on the Internet and will be                      Absorbers                                       action regarding the NESHAP for the
                                                publicly available only in hard copy                        D. Restoration of the ±20-Percent Minimum          Phosphoric Acid Manufacturing and
                                                form. Publicly available docket                                Liquid Flow Rate Variability Allowance          Phosphate Fertilizer Production source
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                                                materials are available either                           IV. Impacts Associated With This Final Rule           categories is Docket ID No. EPA–HQ–
                                                electronically through https://                          V. Statutory and Executive Order Reviews              OAR–2012–0522.
                                                                                                            A. Executive Order 12866: Regulatory
                                                www.regulations.gov or in hard copy at                                                                           In addition to being available in the
                                                                                                               Planning and Review and Executive
                                                the EPA Docket Center (EPA/DC), EPA                            Order 13563: Improving Regulation and           docket, an electronic copy of this
                                                WJC West Building, Room 3334, 1301                             Regulatory Review                               document will also be available on the
                                                Constitution Ave. NW., Washington,                          B. Paperwork Reduction Act (PRA)                   Internet. Following signature by the
                                                DC. The Public Reading Room is open                         C. Regulatory Flexibility Act (RFA)                EPA Administrator, the EPA will post a


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                                                45194            Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations

                                                copy of this final action at https://                    amendments in the Federal Register on                 comments on this change. Instead, both
                                                www.epa.gov/stationary-sources-air-                      December 9, 2016 (81 FR 89026). We                    commenters stated that they supported
                                                pollution/phosphate-fertilizer-                          received public comments from two                     this change. Therefore, in this action,
                                                production-plants-and-phosphoric-acid.                   parties. Copies of all comments                       the EPA is finalizing the compliance
                                                Following publication in the Federal                     submitted are available at the EPA                    date revision as proposed. The
                                                Register, the EPA will post the Federal                  Docket Center Public Reading Room.                    compliance date by which affected
                                                Register version and key technical                       Comments are also available                           sources must include emissions from
                                                documents on this same Web site.                         electronically through http://                        oxidation reactors when determining
                                                                                                         www.regulations.gov by searching                      compliance with the TF emission limits
                                                C. Judicial Review                                       Docket ID No. EPA–HQ–OAR–2012–                        for SPA process lines is August 19,
                                                  Under Clean Air Act (CAA) section                      0522.                                                 2018.1
                                                307(b)(1), judicial review of this final                    In this document, the EPA is taking
                                                rule is available only by filing a petition              final action with respect to the                      B. Compliance Deadlines for Revised
                                                for review in the U.S. Court of Appeals                  reconsideration and proposed                          Low-Energy Absorber Monitoring
                                                for the District of Columbia Circuit (the                amendments. Section III of this                       Provisions
                                                Court) by November 27, 2017. Under                       preamble summarizes the public                           In the August 19, 2015, amendments
                                                CAA section 307(d)(7)(B), only an                        comments received on the proposed                     to 40 CFR part 63, subpart AA and 40
                                                objection to this final rule that was                    notice of reconsideration, presents the               CFR part 63, subpart BB, the EPA
                                                raised with reasonable specificity                       EPA’s responses to the comments, and                  changed the compliance monitoring
                                                during the period for public comment                     explains our rationale for the rule                   requirement for low-energy absorbers
                                                can be raised during judicial review.                    revisions published here.                             (i.e., absorbers that are designed to
                                                Note, under CAA section 307(b)(2), the                      We are also restoring a provision of               operate with pressure drops of 5 inches
                                                requirements established by this final                   the 1999 maximum achievable control                   of water column or less) to require
                                                rule may not be challenged separately in                 technology (MACT) rules that was                      monitoring of liquid-to-gas ratio in lieu
                                                any civil or criminal proceedings                        inadvertently omitted from the risk and               of monitoring influent liquid flow and
                                                brought by the EPA to enforce these                      technology review (RTR) amendments                    pressure drop through the absorber. The
                                                requirements.                                            to those rules. That provision, related to            EPA received petitions requesting the
                                                                                                         compliance monitoring, allowed sources                compliance schedule be changed to
                                                II. Background Information                               a ±20-percent variability in the                      allow more time for affected sources to
                                                   On June 10, 1999 (64 FR 31358), the                   minimum liquid flow rate to the                       comply with these monitoring
                                                EPA promulgated 40 CFR part 63,                          absorber.                                             requirements. In response to the
                                                subpart AA for the Phosphoric Acid                                                                             petitions, on December 9, 2016, we
                                                                                                         III. Summary of Final Action on Issues
                                                Manufacturing source category and 40                                                                           proposed to revise the compliance dates
                                                                                                         Reconsidered
                                                CFR part 63, subpart BB for the                                                                                from August 19, 2016, to August 19,
                                                Phosphate Fertilizer Production source                      The three reconsideration issues for               2017, to allow owners and operators
                                                category. On August 19, 2015 (80 FR                      which amendments are being finalized                  additional time to obtain and certify the
                                                50386), the EPA published amended                        in this rulemaking are: (1) Compliance                instruments needed to monitor liquid-
                                                rules for both source categories that took               deadlines for air oxidation reactors used             to-gas ratio. However, in this action, the
                                                into consideration the technology                        in SPA lines; (2) compliance deadlines                EPA is revising the compliance dates to
                                                review and residual risk review required                 for revised low-energy absorber                       no later than August 19, 2018, for
                                                by sections 112(d)(6) and 112(f) of the                  monitoring provisions; and (3)                        existing sources as well as for those
                                                CAA, respectively. Following                             monitoring options for low-energy                     sources that commenced construction or
                                                promulgation of the August 2015 rule                     absorbers. A fourth issue, which was                  reconstruction after December 27, 1996,
                                                revisions, the EPA received two                          identified after the close of the public              and on or before August 19, 2015. We
                                                petitions for reconsideration from The                   comment period, is also being addressed               are also clarifying that new sources that
                                                Fertilizer Institute (TFI) and the                       in this action. This is the restoration of            commence construction or
                                                Phosphate Corporation of                                 the ±20-percent variability allowance for             reconstruction after August 19, 2015,
                                                Saskatchewan, including: PCS                             the minimum liquid flow rate to the                   must comply with the monitoring
                                                Phosphate Company, Inc.; White                           absorber. Each of these issues is                     requirements for absorbers immediately
                                                Springs Agricultural Chemical, Inc.,                     discussed in detail in the following                  upon startup.
                                                DBA PCS Phosphate-White Springs; and                     sections of this preamble.                               Both commenters said that the
                                                PCS Nitrogen Fertilizer, L.P.,                           A. Compliance Deadline for Air                        proposed compliance date (i.e., August
                                                (collectively ‘‘PCS’’), requesting                       Oxidation Reactors Used in SPA Lines                  19, 2017) for monitoring liquid-to-gas
                                                administrative reconsideration of                                                                              ratio on low-energy absorbers only
                                                amended 40 CFR part 63, subpart AA                          In the August 19, 2015, amendments                 allows approximately seven months to
                                                and subpart BB under CAA section                         to 40 CFR part 63, subpart AA, the EPA                achieve compliance from the date
                                                307(d)(7)(B).                                            revised the SPA process line definition               public comments were due (i.e., January
                                                   In response to the petitions, the EPA                 to include oxidation reactors. The EPA                23, 2017). These commenters asserted
                                                reconsidered and requested comment on                    received petitions requesting the                     that a duration of 7 months may not be
                                                three distinct issues:                                   compliance schedule be changed to                     sufficient to acquire, engineer, test, and
                                                   • Compliance deadline for air                         allow more time for affected sources to               install the requisite technologies. One of
                                                oxidation reactors used in SPA lines;                    include emissions from oxidation                      the commenters specified that 7 months
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                                                   • Compliance deadlines for low-                       reactors when determining compliance                  is not enough time to complete and
                                                energy absorber monitoring provisions;                   with the total fluoride (TF) emission                 begin implementing gas flow monitoring
                                                and                                                      limits for SPA process lines. In response             plans for at least 20 of their low-energy
                                                   • Monitoring options for low-energy                   to the petitions, on December 9, 2016,                absorbers. Additionally, the commenter
                                                absorbers.                                               we proposed to revise the compliance
                                                   The EPA proposed a notice of                          date from August 19, 2016, to August                    1 Refer to finalized footnotes ‘‘c’’ of Table 1 and

                                                reconsideration including proposed rule                  19, 2018. We did not receive adverse                  Table 2 to subpart AA of 40 CFR part 63.



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                                                                 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations                                    45195

                                                asserted that for at least some of their                 commenter that the compliance date                    allowed to use liquid-to-gas ratio
                                                low-energy absorbers, gas flow meters                    should apply to certain new sources.                  monitoring or their current approved
                                                are likely not feasible due to the                       This was an error in the December 9,                  monitoring strategy (in lieu of
                                                saturated (and sometimes                                 2016, proposal as we did not intend for               monitoring pressure drop through the
                                                supersaturated) conditions of the gas                    the compliance date to apply to only                  absorber), in advance of the compliance
                                                streams that these absorbers handle;                     existing sources. Therefore, in this                  date for the liquid-to-gas ratio
                                                therefore, the commenter contended                       action, the EPA is correcting this error              monitoring requirements for low-energy
                                                they need more time to assess liquid-to-                 at footnote b for Table 3 to subpart AA               absorbers. Therefore, for the most part,
                                                gas ratio monitoring options and to                      of 40 CFR part 63 and footnote b for                  we included the commenter’s edits to
                                                establish operating limits. The                          Table 3 to subpart BB of 40 CFR part 63               footnote b for Table 3 to subpart AA of
                                                commenter stated that each liquid-to-gas                 such that the compliance date for the                 40 CFR part 63 and footnote b for Table
                                                ratio monitoring option requires                         liquid-to-gas ratio monitoring                        3 to subpart BB of 40 CFR part 63 in the
                                                complicated, time-consuming, and                         requirements for low-energy absorbers                 final rules. However, we added language
                                                absorber-specific evaluations. For                       applies to both existing sources and                  to the commenter’s edits to ensure that
                                                example, to develop regression models,                   those new sources that commenced                      if an owner or operator were to use a
                                                new instrumentation to monitor fan                       construction or reconstruction after                  part 70 monitoring provision, it would
                                                suction pressure and blower amperage                     December 27, 1996, and on or before                   be a federally enforceable provision. We
                                                must be installed for some absorbers,                    August 19, 2015. We are also clarifying               also split the option to use a part 70
                                                and facilities need to make changes to                   that new sources that commence                        monitoring provision and the option to
                                                their computer programs. Moreover, the                   construction or reconstruction after
                                                commenter stated that once a regression                                                                        use an AMP such that it is one or the
                                                                                                         August 19, 2015, must comply with the                 other. The final rule allows an owner or
                                                model is developed, they need                            monitoring requirements for absorbers
                                                additional time to establish the liquid-                                                                       operator to use liquid-to-gas ratio
                                                                                                         immediately upon startup. Instead of                  monitoring or their current approved
                                                to-gas ratio operating limit by                          revising the ‘‘existing source’’ definition
                                                conducting a performance test. This                                                                            monitoring strategy (in lieu of
                                                                                                         as requested by the commenter, we
                                                commenter also maintained that for                                                                             monitoring pressure drop through the
                                                                                                         determined it will be clearer and more
                                                some of their low-energy absorbers they                                                                        absorber), in advance of the compliance
                                                                                                         straightforward to make the corrections
                                                may need to use an Alternative                                                                                 date for the liquid-to-gas ratio
                                                                                                         in these footnotes.
                                                Monitoring Plan (AMP) to comply with                                                                           monitoring requirements for low-energy
                                                                                                            Furthermore, one commenter                         absorbers.
                                                the liquid-to-gas ratio monitoring
                                                                                                         requested that the EPA add more
                                                requirements and 7 months may not be                                                                              Finally, one commenter requested
                                                                                                         compliance options for low-energy
                                                enough time to get approval for the                                                                            that the EPA include language in the
                                                                                                         absorbers in advance of the compliance
                                                AMP. The commenter cited a specific                                                                            final rules to authorize compliance with
                                                                                                         date for the liquid-to-gas ratio
                                                example where the EPA Region is in the                                                                         an AMP that is still under review by an
                                                                                                         monitoring requirements. The
                                                tenth month of reviewing one of the                                                                            EPA Regional office beyond the
                                                                                                         commenter asserted that footnote b for
                                                company’s AMP requests. Additionally,                                                                          compliance date for the liquid-to-gas
                                                                                                         Table 3 to subpart AA of 40 CFR part
                                                one commenter suggested that the EPA                                                                           ratio monitoring requirements, provided
                                                                                                         63 and footnote b for Table 3 to subpart
                                                revise the ‘‘existing source’’ definition                                                                      the AMP request was submitted to the
                                                                                                         BB of 40 CFR part 63 are too narrowly
                                                in 40 CFR part 63, subpart AA and 40                                                                           Region more than 30 days in advance of
                                                                                                         drafted because they do not allow
                                                CFR part 63, subpart BB to extend the                                                                          the compliance deadline. The
                                                                                                         facilities to use liquid-to-gas ratio
                                                compliance date (for the liquid-to-gas                                                                         commenter maintained that without this
                                                                                                         monitoring or their current monitoring
                                                ratio monitoring requirements for low-                                                                         type of category-specific provision,
                                                                                                         strategies, such as monitoring in
                                                energy absorbers) to those new sources                                                                         owners or operators are not entitled
                                                                                                         accordance with an already approved
                                                that were in operation on the date the                                                                         (based on the existing provision at 40
                                                                                                         AMP or an applicable monitoring
                                                technology review and residual risk                                                                            CFR 63.8(f)(1)) to rely on AMPs in
                                                                                                         provision of a permit issued under 40
                                                review were proposed.                                                                                          advance of the EPA’s approval. The
                                                                                                         CFR part 70, in advance of the
                                                   Based on these comments, we agree                                                                           commenter stated that although 40 CFR
                                                                                                         compliance date. This commenter
                                                that more time beyond what we                                                                                  63.8(f)(5)(i) calls for the Agency to
                                                                                                         suggested edits to footnote b for Table
                                                proposed is needed to achieve                                                                                  respond to AMP requests within 30 days
                                                                                                         3 to subpart AA of 40 CFR part 63 and
                                                compliance with the liquid-to-gas ratio                                                                        of receipt, the EPA sometimes needs
                                                                                                         footnote b for Table 3 to subpart BB of
                                                monitoring requirements for low-energy                                                                         more than 30 days to grant or deny such
                                                                                                         40 CFR part 63 (see docket item EPA–
                                                absorbers. To allow time to evaluate all                                                                       requests. The commenter asserted they
                                                                                                         HQ–OAR–2012–0522–0097) to allow
                                                monitoring options, obtain and certify                                                                         are unable to predict or control the
                                                                                                         compliance with any one of the
                                                instruments, establish operating limits,                                                                       response time of the EPA; therefore,
                                                                                                         following: (i) The monitoring
                                                and, in certain cases, develop a                                                                               they should not be required to carry the
                                                                                                         requirements in Table 3 for absorbers
                                                regression model or AMP, the EPA is                                                                            risk and uncertainty of relying on an
                                                                                                         designed and operated with pressure
                                                finalizing a compliance date that is no                                                                        AMP that is still under EPA review after
                                                                                                         drops of 5 inches of water column or
                                                later than August 19, 2018.2 This                                                                              the compliance deadline. The
                                                                                                         less; (ii) the applicable monitoring
                                                extension provides a total of 3 years                                                                          commenter also stated that facility-
                                                                                                         provisions of a permit issued under 40
                                                from promulgation (of the August 19,                                                                           specific extensions may not be available
                                                                                                         CFR part 70 or an Alternative
                                                2015, amendments to 40 CFR part 63,
                                                                                                         Monitoring Plan approved pursuant to                  under CAA section 112(i)(3)(B), which
                                                subparts AA and BB) for sources to
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                                                                                                         40 CFR 63.8(f); or (iii) the installation of          authorizes a 1-year extension if
                                                comply with the rule, and is the
                                                                                                         continuous parameter monitoring                       ‘‘necessary for the installation of
                                                maximum compliance period allowed
                                                                                                         systems (CPMS) for pressure at the gas                controls.’’ The commenter contended
                                                by the CAA. We also agree with the
                                                                                                         stream inlet or outlet of the absorber,               that liquid-to-gas monitoring may
                                                  2 Refer to finalized footnote b of Table 3 to          and monitoring pressure drop through                  require new equipment for some low-
                                                subpart AA of 40 CFR part 63 and Table 3 to              the absorber. We agree with the                       energy absorbers, but the new
                                                subpart BB of 40 CFR part 63.                            commenter that facilities should be                   equipment will likely be for absorber


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                                                45196            Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations

                                                monitoring and not control of                            Blower Design Capacity Option                         compliance L/G by Fmax.’’ We disagree
                                                pollutants.                                                 In response to petitioner requests for             that the language should be added to
                                                   We disagree with the commenter’s                      clarification of the regulatory language              footnote c as drafted by the commenter
                                                request to authorize compliance with                     describing the blower design capacity                 because it introduces a new undefined
                                                AMPs that are still under the EPA                        option for determining the gas flow rate              and unnecessary term ‘‘Fmax.’’
                                                review beyond the compliance date for                    through the absorber (for use in                         We also disagree because much of the
                                                the liquid-to-gas ratio monitoring                       monitoring the liquid-to-gas ratio), we               commenter’s language is already
                                                requirements. As stated previously, we                   clarified in the preamble to the                      included elsewhere in the rules,3 and
                                                are revising and finalizing the                          proposed rulemaking how this option                   while the commenter’s suggested third
                                                compliance date for the liquid-to-gas                    can be used. Additionally, we proposed                sentence is not addressed elsewhere, it
                                                ratio monitoring requirements for low-                   changing the term ‘‘design blower                     can be rewritten without the use of a
                                                energy absorbers to no later than August                 capacity’’ in Table 3 to subpart AA of                new term, ‘‘Fmax.’’ Therefore, instead of
                                                19, 2018, which is 3 years from                          40 CFR part 63 and Table 3 to subpart                 using the commenter’s suggested third
                                                promulgation of the final rule, and is the               BB of 40 CFR part 63 to ‘‘blower design               sentence, we are including a new
                                                maximum allowed under the CAA for                        capacity’’ and made other minor text                  sentence in footnote c for Table 3 to
                                                phosphoric acid and phosphate                            edits to these tables in order to use the             subpart AA of 40 CFR part 63 and
                                                fertilizer manufacturers to comply with                  phrase ‘‘gas flow rate through the                    footnote c for Table 3 to subpart BB of
                                                the rule. We believe this is an ample                    absorber’’ more consistently. We also                 40 CFR part 63 to read as follows:
                                                amount of time for any outstanding                       proposed footnote c for Table 3 to                    ‘‘Establish the minimum liquid-to-gas
                                                AMPs to be approved. Furthermore, the                    subpart AA of 40 CFR part 63 and                      ratio operating limit by dividing the
                                                existing provision at 40 CFR 63.8(f)(1)                  footnote c for Table 3 to subpart BB of               minimum liquid flow rate to the
                                                has been in place for more than 20                       40 CFR part 63 to add certain site-                   absorber (determined during a
                                                years. During this time, the process for                 specific monitoring plan requirements,                performance test) by the maximum
                                                review and resolution of AMP requests                    clarify that the blower design capacity               possible gas flow rate through the
                                                has functioned satisfactorily within the                 option is intended to establish the                   absorber (determined using blower
                                                established timelines. The concern                       maximum possible gas flow through the                 design capacity).’’ We consider this
                                                raised by the commenter involves one                     absorber, and explain that the blower                 revised sentence as clarifying how each
                                                unique case currently under                              design capacity option can be used                    term in the liquid-to-gas ratio is
                                                consideration. We concluded that                         regardless of whether the blower is                   determined and used.
                                                adopting a blanket exemption from the                    located on the influent or effluent side              Regression Model Option
                                                procedures of 40 CFR 63.8(f) for all                     of the absorber. Finally, we proposed a
                                                owners or operators of the Phosphoric                    requirement at 40 CFR 63.608(e) and 40                   In response to the petitions the EPA
                                                Acid Manufacturing and Phosphate                         CFR 63.628(e) to document, in the site-               received requesting other options to be
                                                Fertilizer Production source categories                  specific monitoring plan, the                         considered for determining the gas flow
                                                is inappropriate. This one unique case                   calculations that were used to make                   rate through the absorber, which is used
                                                is more appropriately handled by the                     adjustments for pressure drop if blower               in monitoring the liquid-to-gas ratio, we
                                                EPA Regional office continuing to                        design capacity is used to establish the              proposed to include an option in Table
                                                review the technical merits of the AMP                   maximum possible gas flow rate through                3 to subpart AA of 40 CFR part 63 and
                                                application and applying enforcement                     an absorber. In this action, the EPA is               in Table 3 to subpart BB of 40 CFR part
                                                discretion to ensure equitable treatment                 finalizing, with one exception, all the               63, that allows facilities to develop and
                                                of the company.                                          proposed language regarding the blower                use a regression model to determine gas
                                                                                                         design capacity option.                               flow rate through an absorber in lieu of
                                                C. Monitoring Options for Low-Energy
                                                                                                            The one change to the proposed                     direct measurement or using blower
                                                Absorbers
                                                                                                         language for the blower design capacity               design capacity. We also proposed a
                                                   In response to the petitions the EPA                  option is our addition of language in                 requirement in footnote a for Table 4 to
                                                received regarding monitoring                            footnote c to Table 3 to subpart AA of                subpart AA of 40 CFR part 63 and
                                                requirements for low-energy absorbers,                   40 CFR part 63 and Table 3 to subpart                 footnote a for Table 4 to subpart BB of
                                                we proposed to clarify an existing                       BB of 40 CFR part 63 to clarify that                  40 CFR part 63 requiring continuous
                                                monitoring option (i.e., the blower                      owners and operators must establish the               monitoring of blower amperage, blower
                                                design capacity option) and to add a                     minimum liquid-to-gas ratio operating                 static pressure, i.e., fan suction pressure,
                                                new option (i.e., the regression model                   limit by dividing the minimum liquid                  and any other parameters used in the
                                                option) to 40 CFR part 63, subpart AA                    flow rate to the absorber determined                  regression model that are not constants.
                                                and 40 CFR part 63, subpart BB. We also                  during a performance test by the                      Finally, to allow the flexibility to use
                                                proposed language reminding affected                     maximum possible gas flow rate through                best engineering judgment and
                                                entities that they can request an                        the absorber determined using blower                  calculations, we also proposed an
                                                alternative monitoring method under                      design capacity. One commenter                        annual requirement at 40 CFR 63.608(f)
                                                the provisions of 40 CFR 63.8(f) on a                    requested the EPA include the following               and 40 CFR 63.628(f) to document, in
                                                site-specific basis. Refer to the preamble               additional language to footnote c to                  the site-specific monitoring plan, the
                                                to the proposed rule (81 FR 89026) for                   Table 3 to subpart AA of 40 CFR part                  calculations that were used to develop
                                                more details on each of these changes.                   63 and Table 3 to subpart BB of 40 CFR                the regression model and to require that
                                                   With exception of the items discussed                 part 63: ‘‘The maximum design gas flow                the site-specific monitoring plan be
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                                                in the following paragraphs,                             through the scrubber, or Fmax, shall be               updated annually to maintain accuracy
                                                commenters stated that they supported                    determined using the blower design
                                                these changes. Therefore, unless                         capacity and system pressure drop.                      3 Existing rule language currently in the rules that

                                                discussed below, we are finalizing the                   During performance testing, the                       the commenter suggested is found at Table 3 to
                                                                                                                                                               subpart AA of 40 CFR part 63; Table 3 to subpart
                                                changes regarding monitoring                             observed liquid-to-gas ratio, L/G, will be            BB of 40 CFR part 63; 40 CFR 63.605(d); at 40 CFR
                                                requirements for low-energy absorbers                    determined. The minimum liquid flow                   63.625(d); at Table 4 to subpart AA of 40 CFR part
                                                as proposed.                                             will be established by multiplying the                63 and at Table 4 to subpart BB of 40 CFR part 63.



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                                                                 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations                                                 45197

                                                and reflect data used in the annual                          to the proposed language is that we are              and subpart BB includes this restored
                                                regression model verification.                               revising and clarifying footnote d for               provision at 40 CFR 63.625(d)(1)(ii)(A).
                                                   Both commenters stated that they                          Table 3 to subpart AA of 40 CFR part
                                                support the use of a regression model to                                                                          IV. Impacts Associated With This Final
                                                                                                             63 and footnote d for Table 3 to subpart
                                                determine gas flow rate through an                                                                                Rule
                                                                                                             BB of 40 CFR part 63 to convey that
                                                absorber, but requested one clarification                    direct measurements of gas flow rate                    This action revises compliance dates
                                                to the proposed language. The                                used to develop or verify regression                 specific to oxidation reactors in the
                                                commenters requested that the EPA                            models may be collected during, or                   Phosphoric Acid Manufacturing source
                                                revise footnote d for Table 3 to subpart                     separately from, the annual performance              category, and absorber monitoring in
                                                AA of 40 CFR part 63 and footnote d for                      testing that is required in 40 CFR                   both the Phosphoric Acid
                                                Table 3 to subpart BB of 40 CFR part 63                      63.606(b) for subpart AA or 40 CFR                   Manufacturing and Phosphate Fertilizer
                                                to clarify whether an emissions                              63.626(b) for subpart BB.                            Production source categories. We expect
                                                performance test is necessary when                                                                                the additional compliance time for
                                                developing and verifying gas flow                            D. Restoration of the ±20-Percent
                                                                                                             Minimum Liquid Flow Rate Variability                 oxidation reactors to comply with the
                                                regression models. The commenters                                                                                 rule will have an insignificant effect on
                                                contended that the EPA should allow                          Allowance
                                                                                                                                                                  a phosphoric acid manufacturing plant’s
                                                facilities to develop and verify gas flow                       The June 10, 1999, MACT rules (64                 overall emissions.
                                                regression models separately from the                        FR 31358) included provisions to
                                                                                                             account for the variability in absorber                 Specifically, in the reconsideration
                                                required annual emissions performance
                                                                                                             (i.e., scrubber) pressure drop and the               proposal, the EPA discussed hydrogen
                                                test. One commenter maintained that
                                                                                                             variability in minimum liquid flow rate              fluoride emissions reductions of 0.047
                                                requiring facilities to conduct a
                                                                                                             to the absorber. Specifically, as a                  tons per year (tpy) from the oxidation
                                                performance test to develop a regression
                                                                                                             compliance monitoring provision of the               reactor (i.e., a reduction from 0.049 tpy
                                                model would waste resources and
                                                needlessly complicate the schedule for                       1999 MACT rules, owners/operators are                to 0.002 tpy) and TF emissions
                                                liquid-to-gas ratio monitoring. The                          required to conduct a performance test               reductions of 0.14 tpy from the
                                                commenter contended that facilities                          to determine the baseline average value              oxidation reactor (i.e., a reduction from
                                                would have to conduct more than one                          for both the pressure drop and for the               0.147 tpy to 0.007 tpy). The additional
                                                performance test in a year’s time to first                   minimum liquid flow rate of the                      2-year compliance time for oxidation
                                                develop a regression model and then set                      absorber, and are then allowed to                    reactors to meet the emission limits in
                                                operating limits for liquid-to-gas ratio.                    operate within a range that is within 20             the final rule result in an additional
                                                The commenters suggested edits to                            percent of this rate.                                0.098 tons (196 pounds) of hydrogen
                                                footnote d for Table 3 to subpart AA of                         The August 19, 2015 (80 FR 50386),                fluoride and 0.28 tons (560 pounds) of
                                                40 CFR part 63 and footnote d for Table                      RTR final rule included the allowance                total fluoride. Hydrogen fluoride
                                                3 to subpart BB of 40 CFR part 63 (see                       for the ±20-percent variability in the               emissions from SPA process lines,
                                                docket items EPA–HQ–OAR–2012–                                absorber pressure drop, but did not                  including oxidation reactors, account
                                                0522–0097 and EPA–HQ–OAR–2012–                               include the allowance for the ±20-                   for less than 1 percent of all hydrogen
                                                0522–0098) to make clear that an                             percent variability in the minimum                   fluoride emissions from the source
                                                emissions performance test is not                            liquid flow rate to the absorber.                    category.
                                                required to develop and verify gas flow                         Industry brought this omission to our                The revisions related to the gas flow
                                                regression models. We agree with the                         attention after the comment period for               calculation that we are finalizing result
                                                commenters’ edits to footnote d as it                        this reconsideration rule. We                        in capital cost savings of $88,200 per
                                                was our intent to allow facilities the                       subsequently reviewed the record for                 facility, and capital cost savings of
                                                flexibility to develop and verify gas flow                   the August 2015 RTR final rule and                   $1,147,200 industry-wide.4 These cost
                                                regression models (using direct                              could not find any record of a decision              savings are due to our providing
                                                measurements of gas flow rate, for                           to remove the ±20-percent minimum                    alternatives to the requirement to use a
                                                example, via EPA Method 2) either                            liquid flow rate variability provision.              gas flow meter for monitoring gas flow
                                                separately from, or in conjunction with,                     Therefore, we have concluded that this               at low energy absorbers. In addition to
                                                the annual performance test. Therefore,                      omission was an inadvertent error in the             the gas flow meter, we are providing
                                                in this action, the EPA is finalizing,                       August 2015 RTR final rule, and we are               two other monitoring methods as
                                                with one change, all the proposed                            restoring that provision in these final              alternative compliance options: (1) A
                                                language regarding the regression model                      rules. Subpart AA includes this restored             blower design capacity model; and (2) a
                                                option. The one change we are making                         provision at 40 CFR 63.605(d)(1)(ii)(A)              regression model.

                                                        TABLE 2—COST COMPARISON OF DIFFERENT OPTIONS FOR DETERMINING GAS FLOW RATE AT LOW PRESSURE
                                                                                                ABSORBERS
                                                                                                                              Annualized facility costs                             Annualized industry wide costs
                                                                                                       Capital costs                  (2016$)                  Industry Wide                   (2016$)
                                                             Compliance option                          per facility                                           Capital Costs 1
                                                                                                                               3%                    7%                                  3%                7%

                                                Blower Design Capacity Model ............                     $6,400                $800               $960           $83,700             $10,300            $12,500
                                                Regression Model ................................              4,200                 500                 600           54,300               6,700              8,100
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                                                Gas Flow Meter ...................................            92,400              15,800              18,200        1,201,500             205,900            236,100
                                                  1 Capital costs per facility are rounded values. Industry-wide capital costs are calculated by multiplying the non-rounded values for capital costs
                                                per facility by 13 (the total number of facilities in the source category). The resulting product is rounded after calculation.

                                                  4 For the detailed calculations on these cost              Flow Options Worksheet June 2017.xlsx’’ and          Worksheet.xlsx’’ which are available in the docket
                                                savings, refer to ‘‘Detailed Costs of Monitoring Gas         ‘‘Annualized Cost of Monitoring Options              for this rule.



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                                                45198            Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations

                                                   The costs described in this action are                 projected costs and hour burden from                  issues raised by stakeholders, or are
                                                a result of only the final reconsideration                the final rules have not been revised.                being made to allow more time for
                                                notice, and show a cost savings. The                                                                            compliance. We expect the additional
                                                                                                          C. Regulatory Flexibility Act (RFA)
                                                costs were calculated at both a 7-percent                                                                       compliance time for oxidation reactors
                                                rate and a 3-percent rate. There is a                        I certify that this action will not have           will have an insignificant effect on a
                                                reduction in estimated annualized costs                   a significant economic impact on a                    phosphoric acid manufacturing plant’s
                                                calculated at both the 7-percent rate and                 substantial number of small entities                  overall emissions. Hydrogen fluoride
                                                at the 3-percent rate as a result of all 13               under the RFA. This action will not                   emissions from SPA process lines,
                                                affected facilities implementing a lower                  impose any requirements on small                      including oxidation reactors, account
                                                cost option to monitor the ratio of                       entities. This action finalizes                       for less than 1 percent of all hydrogen
                                                liquid-to-gas in low energy absorbers, as                 amendments to the 40 CFR part 63,                     fluoride emissions from the source
                                                compared to the cost of that requirement                  subpart AA and 40 CFR part 63, subpart                category. Therefore, the amendments
                                                in the rule promulgated in August 2015.                   BB that are mainly clarifications to                  should not appreciably increase risk for
                                                We note that the cost savings presented                   existing rule language to aid in                      any populations.
                                                here are not associated with any change                   implementation issues raised by
                                                                                                          stakeholders, or are being made to allow              H. Executive Order 13211: Actions
                                                in emission limit, do not result in higher
                                                                                                          more time for compliance.                             Concerning Regulations That
                                                hazardous air pollutant emissions, and
                                                                                                                                                                Significantly Affect Energy Supply,
                                                do not have a negative effect on human                    D. Unfunded Mandates Reform Act                       Distribution, or Use
                                                health or the environment.                                (UMRA)
                                                                                                                                                                  This action is not subject to Executive
                                                  TABLE 3—TOTAL POTENTIAL CAPITAL                            This action does not contain any                   Order 13211 because it is not a
                                                   AND ANNUALIZED SAVINGS FROM
                                                                                                          unfunded mandate as described in                      significant regulatory action under
                                                                                                          UMRA, 2 U.S.C. 1531–1538, and does                    Executive Order 12866.
                                                   MONITORING ALTERNATIVES FOR                            not significantly or uniquely affect small
                                                   SUBPARTS AA AND BB                                     governments. This action imposes no                   I. National Technology Transfer and
                                                                       [2016$]                            enforceable duty on any state, local, or              Advancement Act (NTTAA)
                                                                                                          tribal governments or the private sector.               This rulemaking does not involve new
                                                  Total capital        Total annual cost savings
                                                  cost savings                  (2016$)                   E. Executive Order 13132: Federalism                  technical standards.
                                                                                                            This action does not have federalism                J. Executive Order 12898: Federal
                                                $1,147,000 .....     $208,000 (3% discount rate).
                                                                     $237,000 (7% discount rate).         implications. It will not have substantial            Actions To Address Environmental
                                                                                                          direct effects on the states, on the                  Justice in Minority Populations and
                                                V. Statutory and Executive Order                          relationship between the national                     Low-Income Populations
                                                Reviews                                                   government and the states, or on the
                                                                                                          distribution of power and                                The EPA believes that this action does
                                                                                                          responsibilities among the various                    not have disproportionately high and
                                                  Additional information about these
                                                                                                          levels of government.                                 adverse human health or environmental
                                                statutes and Executive Orders can be
                                                                                                                                                                effects on minority populations, low-
                                                found at http://www2.epa.gov/laws-                        F. Executive Order 13175: Consultation                income populations, and/or indigenous
                                                regulations/laws-anld-executive-orders.                   and Coordination With Indian Tribal                   peoples, as specified in Executive Order
                                                A. Executive Order 12866: Regulatory                      Governments                                           12898 (59 FR 7629, February 16, 1994).
                                                Planning and Review and Executive                           This action does not have tribal                    The Environmental Justice finding in
                                                Order 13563: Improving Regulation and                     implications, as specified in Executive               the August 19, 2015, final rule remains
                                                Regulatory Review                                         Order 13175. It will not have substantial             relevant in this action, which finalizes
                                                                                                          direct effects on tribal governments, on              amendments to these rules that are
                                                  This action is not a significant                        the relationship between the federal                  mainly clarifications to existing rule
                                                regulatory action and was, therefore, not                 government and Indian tribes, or on the               language to aid in implementation
                                                submitted to the Office of Management                     distribution of power and                             issues raised by stakeholders, or are
                                                and Budget (OMB) for review.                              responsibilities between the federal                  being made to allow more time for
                                                B. Paperwork Reduction Act (PRA)                          government and Indian tribes, as                      compliance. We expect the additional
                                                                                                          specified in Executive Order 13175.                   compliance time for oxidation reactors
                                                   This action does not impose any new                    Thus, Executive Order 13175 does not                  will have an insignificant effect on any
                                                information collection burden under the                   apply to this action.                                 phosphoric acid manufacturing plant’s
                                                PRA. OMB has previously approved the                                                                            overall emissions. Hydrogen fluoride
                                                information collection activities                         G. Executive Order 13045: Protection of               emissions from SPA process lines,
                                                contained in the existing regulations                     Children From Environmental Health                    including oxidation reactors, account
                                                and has assigned OMB control number                       Risks and Safety Risks                                for less than 1 percent of all hydrogen
                                                2060–0361. With this action, the EPA is                     This action is not subject to Executive             fluoride emissions from the source
                                                finalizing amendments to 40 CFR part                      Order 13045 because it is not                         category. Therefore, the amendments
                                                63, subpart AA and 40 CFR part 63,                        economically significant as defined in                should not appreciably increase the risk
                                                subpart BB that are mainly clarifications                 Executive Order 12866, and because the                for any populations.
                                                to existing rule language to aid in                       EPA does not believe the environmental                K. Congressional Review Act (CRA)
jstallworth on DSKBBY8HB2PROD with RULES




                                                implementation issues raised by                           health or safety risks addressed by this
                                                stakeholders, or are being made to allow                  action present a disproportionate risk to               This action is subject to the CRA, and
                                                more time for compliance. Therefore,                      children. This action finalizes                       the EPA will submit a rule report to
                                                there are no changes to the information                   amendments to 40 CFR part 63, subpart                 each House of the Congress and to the
                                                collection requirements of the August                     AA and 40 CFR part 63, subpart BB that                Comptroller General of the United
                                                19, 2015, final rule, and, consequently,                  are mainly clarifications to existing rule            States. This action is not a ‘‘major rule’’
                                                the information collection estimate of                    language to aid in implementation                     as defined by 5 U.S.C. 804(2).


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                                                                 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations                                                 45199

                                                List of Subjects in 40 CFR Part 63                         precipitator, is ±20 percent of the                      calculations you use to convert
                                                  Environmental protection,                                baseline average value determined in                     amperage of the blower to brake
                                                Administrative practice and procedure,                     paragraph (d)(1)(i) of this section. The                 horsepower. You must describe any
                                                Air pollution control, Hazardous                           Administrator retains the right to reduce                constants included in the equations
                                                substances, Reporting and                                  the ±20 percent adjustment to the                        (e.g., efficiency, power factor), and
                                                recordkeeping requirements.                                baseline average values of operating                     describe how these constants were
                                                                                                           ranges in those instances where                          determined. If you want to change a
                                                  Dated: September 13, 2017.                               performance test results indicate that a                 constant in your calculation, then you
                                                E. Scott Pruitt,                                           source’s level of emissions is near the                  must conduct a regression model
                                                Administrator.                                             value of an applicable emissions                         verification to confirm the new value of
                                                  For the reasons stated in the                            standard. However, the adjustment must                   the constant. In addition, the site-
                                                preamble, part 63 of title 40, chapter I,                  not be reduced to less than ±10 percent                  specific monitoring plan must be
                                                of the Code of Federal Regulations is                      under any instance.                                      updated annually to reflect the data
                                                amended as follows:                                        *     *    *      *     *                                used in the annual regression model
                                                                                                           ■ 3. Section 63.608 is amended by                        verification that is described in Table 3
                                                PART 63—NATIONAL EMISSION                                  adding paragraphs (e) and (f) to read as                 to this subpart.
                                                STANDARDS FOR HAZARDOUS AIR                                follows:                                                 Table 1 to Subpart AA of Part 63
                                                POLLUTANTS FOR SOURCE                                                                                               [Amended]
                                                CATEGORIES                                                 § 63.608 General requirements and
                                                                                                           applicability of general provisions of this
                                                                                                           part.                                                    ■ 4. Table 1 to Subpart AA of Part 63,
                                                ■ 1. The authority citation for part 63                                                                             footnote ‘‘c’’ is amended by removing
                                                continues to read as follows:                              *       *     *    *     *
                                                                                                              (e) If you use blower design capacity                 the text ‘‘August 19, 2016,’’ and adding
                                                    Authority: 42 U.S.C. 7401 et seq.
                                                                                                           to determine the gas flow rate through                   the text ‘‘August 19, 2018,’’ in its place.
                                                Subpart AA—National Emission                               the absorber for use in the liquid-to-gas                Table 2 to Subpart AA of Part 63
                                                Standards for Hazardous Air Pollutants                     ratio as specified in Table 3 to this                    [Amended]
                                                From Phosphoric Acid Manufacturing                         subpart, then you must include in the
                                                                                                           site-specific monitoring plan specified                  ■ 5. Table 2 to Subpart AA of Part 63,
                                                Plants
                                                                                                           in paragraph (c) of this section                         footnote ‘‘c’’ is amended by removing
                                                ■ 2. Section 63.605(d)(1)(ii)(A) is                        calculations showing how you                             the text ‘‘August 19, 2016,’’ and adding
                                                revised to read as follows:                                determined the maximum possible gas                      the text ‘‘August 19, 2018,’’ in its place.
                                                                                                           flow rate through the absorber based on                  ■ 6. Table 3 to subpart AA of part 63 is
                                                § 63.605 Operating and monitoring                          the blower’s specifications (including
                                                requirements.                                                                                                       amended by:
                                                                                                           any adjustments you made for pressure
                                                                                                                                                                    ■ a. Revising the column headings for
                                                *      *    *    *     *                                   drop).
                                                  (d) * * *                                                   (f) If you use a regression model to                  ‘‘And you must monitor . . .’’ and
                                                  (1) * * *                                                determine the gas flow rate through the                  ‘‘And . . .’’;
                                                  (ii) * * *                                               absorber for use in the liquid-to-gas ratio              ■ b. Revising the entry for ‘‘Install
                                                  (A) The allowable range for the daily                    as specified in Table 3 to this subpart,                 CPMS for liquid and gas flow at the
                                                averages of the pressure drop across an                    then you must include in the site-                       inlet of the absorber’’; and
                                                absorber and of the flow rate of the                       specific monitoring plan specified in                    ■ c. Adding footnotes ‘‘a’’ through ‘‘d’’
                                                absorber liquid to each absorber in the                    paragraph (c) of this section the                        at the end of the table.
                                                process absorbing system, or secondary                     calculations that were used to develop                      The revisions and additions read as
                                                voltage for a wet electrostatic                            the regression model, including the                      follows:

                                                                     TABLE 3 TO SUBPART AA OF PART 63—MONITORING EQUIPMENT OPERATING PARAMETERS
                                                You must . . .            If . . .                                             And you must monitor . . . a                  And . . . a


                                                          *                        *                    *                              *                      *                      *                   *
                                                Install CPMS for liq-     Your absorber is designed and oper-                  Liquid-to-gas ratio as determined by di-      You must determine the gas flow rate
                                                  uid and gas flow          ated with pressure drops of 5 inches                 viding the influent liquid flow rate by       through the absorber by:
                                                  at the inlet of the       of water column or less; or.                         the gas flow rate through the ab-           Measuring the gas flow rate at the ab-
                                                  absorber b.             Your absorber is designed and oper-                    sorber. The units of measure must             sorber inlet or outlet;
                                                                            ated with pressure drops of 5 inches                 be consistent with those used to cal-       Using the blower design capacity, with
                                                                            of water column or more, and you                     culate this ratio during the perform-         appropriate adjustments for pressure
                                                                            choose to monitor the liquid-to-gas                  ance test.                                    drop; c or
                                                                            ratio, rather than only the influent liq-                                                        Using a regression model.d
                                                                            uid flow, and you want the ability to
                                                                            lower liquid flow with changes in gas
                                                                            flow.
jstallworth on DSKBBY8HB2PROD with RULES




                                                           *                         *                         *                       *                       *                      *                 *
                                                  a To monitor an operating parameter that is not specified in this table (including process-specific techniques not specified in this table to deter-
                                                mine gas flow rate through an absorber), you must request, on a site-specific basis, an alternative monitoring method under the provisions of 40
                                                CFR 63.8(f).




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                                                45200            Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations

                                                   b For new sources that commence construction or reconstruction after August 19, 2015, the compliance date is immediately upon startup. For
                                                existing sources, and new sources that commence construction or reconstruction after December 27, 1996, and on or before August 19, 2015, if
                                                your absorber is designed and operated with pressure drops of 5 inches of water column or less, then the compliance date is August 19, 2018.
                                                In the interim, for existing sources, and new sources that commence construction or reconstruction after December 27, 1996, and on or before
                                                August 19, 2015, with an absorber designed and operated with pressure drops of 5 inches of water column or less, you must comply with one of
                                                the following: (i) The monitoring requirements in this Table 3 for absorbers designed and operated with pressure drops of 5 inches of water col-
                                                umn or less; (ii) the applicable monitoring provisions included in a permit issued under 40 CFR part 70 to assure compliance with subpart AA; (iii)
                                                the applicable monitoring provisions of an Alternative Monitoring Plan approved pursuant to § 63.8(f); or (iv) install CPMS for pressure at the gas
                                                stream inlet and outlet of the absorber, and monitor pressure drop through the absorber.
                                                   c If you select this option, then you must comply with § 63.608(e). The option to use blower design capacity is intended to establish the max-
                                                imum possible gas flow through the absorber; and is available regardless of the location of the blower (influent or effluent), as long as the gas
                                                flow rate through the absorber can be established. Establish the minimum liquid-to-gas ratio operating limit by dividing the minimum liquid flow
                                                rate to the absorber (determined during a performance test) by the maximum possible gas flow rate through the absorber (determined using
                                                blower design capacity).
                                                   d If you select this option, then you must comply with § 63.608(f). The regression model must be developed using direct measurements of gas
                                                flow rate, and design fan curves that correlate gas flow rate to static pressure (i.e., fan suction pressure) and brake horsepower of the blower.
                                                You must conduct an annual regression model verification using direct measurements of gas flow rate to ensure the correlation remains accu-
                                                rate. Direct measurements of gas flow rate used to develop or verify regression models may be collected during, or separately from, the annual
                                                performance testing that is required in § 63.606(b).


                                                ■  7. Table 4 to subpart AA of part 63 is                flow rate’’ and adding footnote ‘‘a’’ at
                                                amended by revising the entry for                        the end of the table to read as follows:
                                                ‘‘Influent liquid flow rate and gas stream

                                                           TABLE 4 TO SUBPART AA OF PART 63—OPERATING PARAMETERS, OPERATING LIMITS AND DATA MONITORING,
                                                                                     RECORDKEEPING AND COMPLIANCE FREQUENCIES
                                                                                                                                              And you must monitor, record, and demonstrate continuous
                                                                                                                                              compliance using these minimum frequencies . . .
                                                For the operating parameter applica-           You must establish the following op-
                                                ble to you, as specified in Table 3            erating limit . . .                                                                                Data averaging
                                                . . .                                                                                                                           Data
                                                                                                                                               Data measurement                                     period for
                                                                                                                                                                              recording            compliance


                                                          *                *                            *                      *                          *                        *                     *
                                                Influent liquid flow rate and gas              Minimum influent liquid-to-gas ratio a         Continuous .............   Every 15 minutes ...   Daily.
                                                   stream flow rate.

                                                            *                      *                         *                      *                        *                       *                   *
                                                    a If
                                                      you select the regression model option to monitor influent liquid-to-gas ratio as described in Table 3 to this subpart, then you must also
                                                continuously monitor (i.e., record every 15 minutes, and use a daily averaging period) blower amperage, blower static pressure (i.e., fan suction
                                                pressure), and any other parameters used in the regression model that are not constants.


                                                Subpart BB—National Emission                             value of an applicable emissions                          absorber for use in the liquid-to-gas ratio
                                                Standards for Hazardous Air Pollutants                   standard. However, the adjustment must                    as specified in Table 3 to this subpart,
                                                From Phosphate Fertilizers Production                    not be reduced to less than ±10 percent                   then you must include in the site-
                                                Plants                                                   under any instance.                                       specific monitoring plan specified in
                                                                                                         *     *    *     *      *                                 paragraph (c) of this section the
                                                ■ 8. Section 63.625(d)(1)(ii)(A) is                                                                                calculations that were used to develop
                                                revised to read as follows:                              ■ 9. Section 63.628 is amended by
                                                                                                                                                                   the regression model, including the
                                                                                                         adding paragraphs (e) and (f) to read as
                                                                                                                                                                   calculations you use to convert
                                                § 63.625 Operating and monitoring                        follows:
                                                requirements.                                                                                                      amperage of the blower to brake
                                                                                                         § 63.628 General requirements and                         horsepower. You must describe any
                                                *      *    *     *     *                                                                                          constants included in the equations
                                                                                                         applicability of general provisions of this
                                                  (d) * * *                                              part.                                                     (e.g., efficiency, power factor), and
                                                  (1) * * *
                                                  (ii) * * *                                             *       *     *    *     *                                describe how these constants were
                                                  (A) The allowable range for the daily                     (e) If you use blower design capacity                  determined. If you want to change a
                                                averages of the pressure drop across an                  to determine the gas flow rate through                    constant in your calculation, then you
                                                absorber and of the flow rate of the                     the absorber for use in the liquid-to-gas                 must conduct a regression model
                                                absorber liquid to each absorber in the                  ratio as specified in Table 3 to this                     verification to confirm the new value of
                                                process absorbing system, or secondary                   subpart, then you must include in the                     the constant. In addition, the site-
                                                voltage for a wet electrostatic                          site-specific monitoring plan specified                   specific monitoring plan must be
                                                precipitator, is ±20 percent of the                      in paragraph (c) of this section                          updated annually to reflect the data
                                                baseline average value determined in                     calculations showing how you                              used in the annual regression model
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                                                paragraph (d)(1)(i) of this section. The                 determined the maximum possible gas                       verification that is described in Table 3
                                                Administrator retains the right to reduce                flow rate through the absorber based on                   to this subpart.
                                                the ±20 percent adjustment to the                        the blower’s specifications (including                    ■ 10. Table 3 to subpart BB of part 63
                                                baseline average values of operating                     any adjustments you made for pressure                     is amended by:
                                                ranges in those instances where                          drop).                                                    ■ a. Revising the column headings for
                                                performance test results indicate that a                    (f) If you use a regression model to                   ‘‘And you must monitor . . .’’ and
                                                source’s level of emissions is near the                  determine the gas flow rate through the                   ‘‘And . . .’’;


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                                                                  Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations                                                             45201

                                                ■ b. Revising the entry for ‘‘Install                            ■ c. Adding footnotes ‘‘a’’ through ‘‘d’’                     The revisions and additions read as
                                                CPMS for liquid and gas flow at the                              at the end of the table.                                    follows:
                                                inlet of the absorber’’; and

                                                                        TABLE 3 TO SUBPART BB OF PART 63—MONITORING EQUIPMENT OPERATING PARAMETERS
                                                You must . . .                 If . . .                                              And you must monitor . . . a                     And . . . a


                                                          *                             *                    *                               *                      *                         *                   *
                                                Install CPMS for liq-          Your absorber is designed and oper-                   Liquid-to-gas ratio as determined by di-         You must determine the gas flow rate
                                                  uid and gas flow               ated with pressure drops of 5 inches                  viding the influent liquid flow rate by          through the absorber by:
                                                  at the inlet of the            of water column or less; or.                          the gas flow rate through the ab-              Measuring the gas flow rate at the ab-
                                                  absorber b.                  Your absorber is designed and oper-                     sorber. The units of measure must                sorber inlet or outlet;
                                                                                 ated with pressure drops of 5 inches                  be consistent with those used to cal-          Using the blower design capacity, with
                                                                                 of water column or more, and you                      culate this ratio during the perform-            appropriate adjustments for pressure
                                                                                 choose to monitor the liquid-to-gas                   ance test.                                       drop; c or
                                                                                 ratio, rather than only the influent liq-                                                            Using a regression model.d
                                                                                 uid flow, and you want the ability to
                                                                                 lower liquid flow with changes in gas
                                                                                 flow.

                                                            *                             *                          *                        *                        *                       *                     *
                                                    a To monitor an operating parameter that is not specified in this table (including process-specific techniques not specified in this table to deter-
                                                mine gas flow rate through an absorber), you must request, on a site-specific basis, an alternative monitoring method under the provisions of
                                                § 63.8(f).
                                                   b For new sources that commence construction or reconstruction after August 19, 2015, the compliance date is immediately upon startup. For
                                                existing sources, and new sources that commence construction or reconstruction after December 27, 1996, and on or before August 19, 2015, if
                                                your absorber is designed and operated with pressure drops of 5 inches of water column or less, then the compliance date is August 19, 2018.
                                                In the interim, for existing sources, and new sources that commence construction or reconstruction after December 27, 1996, and on or before
                                                August 19, 2015, with an absorber designed and operated with pressure drops of 5 inches of water column or less, you must comply with one of
                                                the following: (i) The monitoring requirements in this Table 3 for absorbers designed and operated with pressure drops of 5 inches of water col-
                                                umn or less; (ii) the applicable monitoring provisions included in a permit issued under 40 CFR part 70 to assure compliance with subpart BB; (iii)
                                                the applicable monitoring provisions of an Alternative Monitoring Plan approved pursuant to § 63.8(f); or (iv) install CPMS for pressure at the gas
                                                stream inlet and outlet of the absorber, and monitor pressure drop through the absorber.
                                                   c If you select this option, then you must comply with § 63.628(e). The option to use blower design capacity is intended to establish the max-
                                                imum possible gas flow through the absorber; and is available regardless of the location of the blower (influent or effluent), as long as the gas
                                                flow rate through the absorber can be established. Establish the minimum liquid-to-gas ratio operating limit by dividing the minimum liquid flow
                                                rate to the absorber (determined during a performance test) by the maximum possible gas flow rate through the absorber (determined using
                                                blower design capacity).
                                                   d If you select this option, then you must comply with § 63.628(f). The regression model must be developed using direct measurements of gas
                                                flow rate, and design fan curves that correlate gas flow rate to static pressure (i.e., fan suction pressure) and brake horsepower of the blower.
                                                You must conduct an annual regression model verification using direct measurements of gas flow rate to ensure the correlation remains accu-
                                                rate. Direct measurements of gas flow rate used to develop or verify regression models may be collected during, or separately from, the annual
                                                performance testing that is required in § 63.626(b).


                                                ■  11. Table 4 to subpart BB of part 63
                                                is revised to read as follows:

                                                           TABLE 4 TO SUBPART BB OF PART 63—OPERATING PARAMETERS, OPERATING LIMITS AND DATA MONITORING,
                                                                                     RECORDKEEPING AND COMPLIANCE FREQUENCIES
                                                                                                                                                        And you must monitor, record, and demonstrate continuous
                                                                                                                                                        compliance using these minimum frequencies . . .
                                                For the operating parameter applica-                   You must establish the following op-
                                                ble to you, as specified in Table                      erating limit during your performance                                                                  Data averaging
                                                3 . . .                                                test . . .                                       Data measurement             Data recording             period for
                                                                                                                                                                                                               compliance

                                                                                                                             Absorbers (Wet Scrubbers)

                                                Influent liquid flow ...............................   Minimum inlet liquid flow ...................    Continuous .............   Every 15 minutes ...     Daily.
                                                Influent liquid flow rate and gas                      Minimum influent liquid-to-gas ratio a           Continuous .............   Every 15 minutes ...     Daily.
                                                   stream flow rate.

                                                For the operating parameter applica-                   You must establish the following op-             And you must monitor, record, and demonstrate continuous com-
                                                  ble to you, as specified in Table 3.                   erating limit.                                         pliance using these minimum frequencies . . .
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                                                                        Data measurement           Data recording .......   Data averaging
                                                                                                                                                                                                            period for
                                                                                                                                                                                                            compliance.
                                                Pressure drop .....................................    Pressure drop range ..........................   Continuous .............   Every 15 minutes ...     Daily.

                                                                                                                                     Sorbent Injection

                                                Sorbent injection rate .........................       Minimum injection rate ......................    Continuous .............   Every 15 minutes ...     Daily.



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                                                45202             Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations

                                                         TABLE 4 TO SUBPART BB OF PART 63—OPERATING PARAMETERS, OPERATING LIMITS AND DATA MONITORING,
                                                                             RECORDKEEPING AND COMPLIANCE FREQUENCIES—Continued
                                                                                                                                                     And you must monitor, record, and demonstrate continuous
                                                                                                                                                     compliance using these minimum frequencies . . .
                                                For the operating parameter applica-                    You must establish the following op-
                                                ble to you, as specified in Table                       erating limit during your performance                                                            Data averaging
                                                3 . . .                                                 test . . .                                   Data measurement             Data recording           period for
                                                                                                                                                                                                          compliance

                                                Sorbent injection carrier gas flow rate                 Minimum carrier gas flow rate ...........    Continuous .............   Every 15 minutes ...   Daily.

                                                                                                                                    Fabric Filters

                                                Alarm time ..........................................   Maximum alarm time is not estab-             Continuous .............   Each date and time     Maximum alarm
                                                                                                         lished on a site-specific basis but                                      of alarm start and    time specified in
                                                                                                         is specified in § 63.605(f)(9).                                          stop.                 § 63.605(f)(9).

                                                                                                                          Wet Electrostatic Precipitator

                                                Secondary voltage ..............................        Secondary voltage range ..................   Continuous .............   Every 15 minutes ...   Daily.



                                                [FR Doc. 2017–20171 Filed 9–27–17; 8:45 am]                      OAR–2017–0213, at http://                                and to ensure that the regulatory text
                                                BILLING CODE 6560–50–P                                           www.regulations.gov. Follow the online                   conforms to the EPA’s intention when
                                                                                                                 instructions for submitting comments.                    finalizing the regulatory text at issue.
                                                                                                                 Once submitted, comments cannot be                       However, in the ‘‘Proposed Rules’’
                                                ENVIRONMENTAL PROTECTION                                         edited or removed from Regulations.gov.                  section of today’s Federal Register, we
                                                AGENCY                                                           EPA may publish any comment received                     are publishing a separate document that
                                                                                                                 to its public docket. Do not submit                      will serve as the proposed rule to make
                                                40 CFR Part 82                                                   electronically any information you                       this revision to the regulatory text if
                                                [EPA–HQ–OAR–2017–0213; FRL–9968–68–                              consider to be Confidential Business                     adverse comments are received on this
                                                OAR]                                                             Information (CBI) or other information                   direct final rule. We will not institute a
                                                                                                                 whose disclosure is restricted by statute.               second comment period on this action.
                                                RIN 2060–AT43                                                                                                             Any parties interested in commenting
                                                                                                                 Multimedia submissions (audio, video,
                                                                                                                 etc.) must be accompanied by a written                   must do so at this time. In this action,
                                                Protection of Stratospheric Ozone:
                                                                                                                 comment. The written comment is                          EPA is not making, and is not seeking
                                                Refrigerant Management Regulations
                                                                                                                 considered the official comment and                      comment on, any changes to the
                                                for Small Cans of Motor Vehicle
                                                                                                                 should include discussion of all points                  regulations at 40 CFR part 82, subpart F
                                                Refrigerant
                                                                                                                 you wish to make. EPA will generally                     other than the revision discussed in this
                                                AGENCY: Environmental Protection                                 not consider comments or comment                         notice. For further information about
                                                Agency (EPA).                                                    contents located outside of the primary                  commenting on this rule, see the
                                                ACTION: Direct final rule.                                       submission (i.e., on the web, cloud, or                  ADDRESSES section of this document.
                                                                                                                 other file sharing system). For                             If EPA receives adverse comment, we
                                                SUMMARY:    EPA is taking direct final                           additional submission methods, the full                  will publish a timely withdrawal in the
                                                action to correct an editing oversight                           EPA public comment policy,                               Federal Register informing the public
                                                that led to a potential conflict in a prior                      information about CBI or multimedia                      that this direct final rule will not take
                                                rulemaking as to whether or not                                  submissions, and general guidance on                     effect. In that case, we would address all
                                                containers holding two pounds or less                            making effective comments, please visit                  public comments in any subsequent
                                                of non-exempt substitute refrigerants for                        http://www2.epa.gov/dockets/                             final rule based on the proposed rule. If
                                                use in motor vehicle air conditioning                            commenting-epa-dockets.                                  no adverse comment is received by
                                                that are not equipped with a self-sealing                                                                                 October 30, 2017, this direct final rule
                                                                                                                 FOR FURTHER INFORMATION CONTACT: Sara
                                                valve can be sold to persons that are not                                                                                 will be effective on December 27, 2017
                                                                                                                 Kemme by regular mail: U.S.                              without further notice and no further
                                                certified technicians, provided those                            Environmental Protection Agency,
                                                small cans were manufactured or                                                                                           action will be taken on the proposed
                                                                                                                 Stratospheric Protection Division                        rule.
                                                imported prior to January 1, 2018. This                          (6205T), 1200 Pennsylvania Avenue
                                                action clarifies that those small cans                           NW., Washington, DC 20460; by                            II. Does this action apply to me?
                                                may continue to be sold to persons that                          telephone: (202) 566–0511; or by email:                     Categories and entities potentially
                                                are not certified as technicians under                           kemme.sara@epa.gov.                                      affected by this action include entities
                                                sections 608 or 609 of the Clean Air Act.
                                                                                                                 SUPPLEMENTARY INFORMATION                                that distribute or sell small cans of
                                                DATES: This rule is effective on                                                                                          refrigerant for use in motor vehicle air
                                                December 27, 2017 without further                                I. Why is EPA using a direct final rule?
                                                                                                                                                                          conditioning (MVAC). Regulated
                                                notice, unless EPA receives adverse                                 EPA is publishing this direct final                   entities include, but are not limited to,
jstallworth on DSKBBY8HB2PROD with RULES




                                                comment by October 30, 2017. If EPA                              rule without a prior proposed rule                       manufacturers and distributors of small
                                                receives adverse comment, we will                                because we view this as a                                cans of refrigerant (NAICS codes
                                                publish a timely withdrawal in the                               noncontroversial action and anticipate                   325120, 441310, 447110) such as
                                                Federal Register informing the public                            no adverse comment. This rule makes a                    automotive parts and accessories stores
                                                that the rule will not take effect.                              minor change in regulatory text, which                   and industrial gas manufacturers. This
                                                ADDRESSES: Submit your comments,                                 is intended to resolve a potential                       list is not intended to be exhaustive, but
                                                identified by Docket ID No. EPA–HQ–                              conflict in the current regulatory text                  rather to provide a guide for readers


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Document Created: 2017-09-28 01:33:01
Document Modified: 2017-09-28 01:33:01
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; notification of final action on reconsideration.
DatesThis final rule is effective on September 28, 2017.
ContactMs. Susan Fairchild, Sector Policies and Programs Division (Mail Code D243-02), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5167;
FR Citation82 FR 45193 
RIN Number2060-AT14
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Hazardous Substances and Reporting and Recordkeeping Requirements

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