Reconsideration Petition From Dyno Nobel Inc. on the New Source Performance Standards Review for Nitric Acid Plants; Final Action, 28215-28217 [2015-11958]
Download as PDF
Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed Rules
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 1, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2015–11782 Filed 5–15–15; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
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Jkt 235001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2015–0227; FRL–9927–69–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Utah; Utah County—Trading of Motor
Vehicle Emission Budgets for PM10
Transportation Conformity
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of Utah.
On March 9, 2015, the Governor of Utah
submitted a revision to the Utah SIP,
adding a new rule regarding trading of
motor vehicle emission budgets for Utah
County. The rule allows trading from
the motor vehicle emissions budget for
primary particulate matter of 10 microns
or less in diameter (PM10) to the motor
vehicle emissions budget for nitrogen
oxides (NOX) which is a PM10 precursor.
The resulting motor vehicle emissions
budgets for NOX and PM10 may then be
used to demonstrate transportation
conformity with the SIP. The EPA is
proposing approval of this SIP revision
in accordance with the requirements of
section 110 of the Clean Air Act (CAA).
DATES: Written comments must be
received on or before June 17, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2015–0227, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• Email: russ.tim@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Carl Daly, Director, Air
Program, EPA, Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Carl Daly, Director,
Air Program, EPA, Region 8, Mailcode
8P–AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129. Such deliveries
are only accepted Monday through
Friday, 8:00 a.m. to 4:30 p.m., excluding
federal holidays. Special arrangements
should be made for deliveries of boxed
information.
Please see the direct final rule which
is located in the Rules Section of this
Federal Register for detailed instruction
on how to submit comments.
SUMMARY:
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28215
Tim
Russ, Air Program, EPA, Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6479, russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ section of this
Federal Register, EPA is approving the
State’s SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
SIP revision and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the preamble to
the direct final rule.
If EPA receives no adverse comments,
EPA will not take further action on this
proposed rule. If EPA receives adverse
comments, EPA will withdraw the
direct final rule and it will not take
effect. EPA will address all public
comments in a subsequent final rule
based on this proposed rule.
EPA will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information, please see the ADDRESSES
section of this notice.
Please note that if EPA receives
adverse comment on a distinct
provision of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. See the information provided
in the Direct Final action of the same
title which is located in the Rules and
Regulations Section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Authority: 42 U.S.C. 7401 et seq.
Dated: May 1, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2015–11783 Filed 5–15–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2010–0750; FRL–9927–58–
OAR]
RIN 2060–AQ60
Reconsideration Petition From Dyno
Nobel Inc. on the New Source
Performance Standards Review for
Nitric Acid Plants; Final Action
Environmental Protection
Agency (EPA).
ACTION: Notice of final action denying
petition for reconsideration.
AGENCY:
E:\FR\FM\18MYP1.SGM
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28216
Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed Rules
This action provides notice
that on May 11, 2015, the U.S.
Environmental Protection Agency (EPA)
Administrator, Gina McCarthy, signed a
letter denying a petition for
reconsideration of the final New Source
Performance Standards (NSPS) for
Nitric Acid Plants published in the
Federal Register on August 14, 2012.
(77 FR 48433)
SUMMARY:
DATES:
Effective May 18, 2015.
Mr.
Nathan Topham, Sector Policies and
Programs Division (D243–02), Office of
Air Quality Planning and Standards,
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
0483; fax number: (919) 541–3207;
email address: topham.nathan@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
I. How can I get copies of this document
and other related information?
This Federal Register document, the
petition for reconsideration, and the
letter denying the petition for
reconsideration are available in the
docket the EPA established under
Docket ID No. EPA–HQ–OAR–2010–
0750. All documents in the docket are
listed on the 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
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 Air
Docket is (202) 566–1742. This Federal
Register document, the petition for
reconsideration, and the letter denying
the petition can also be found on the
EPA’s Web site at https://www.epa.gov/
ttn/oarpg.
II. Judicial Review
Any petitions for review of the letter
and enclosure denying the petition for
reconsideration described in this
document must be filed in the United
States Court of Appeals for the District
of Columbia Circuit by July 17, 2015.
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III. Description of Action
A. Background
The initial Nitric Acid Plants NSPS
were promulgated on December 23,
1971 (36 FR 24881) and codified at 40
CFR part 60, subpart G pursuant to
section 111 of the Clean Air Act (CAA).
Pursuant to section 111(b)(1)(B) of the
CAA, we reviewed the NSPS three times
over the past few decades. Based on the
results of the third review, which we
completed in August 2012, we
determined it was appropriate to revise
the NSPS. The revised NSPS were
published in the Federal Register on
August 14, 2012 (77 FR 48433). The
revised NSPS (also referred to as the
‘‘final rule’’ in this document) included
a change in the nitrogen oxides (NOX)
emission limit, from 3.0 pounds of NOX
per ton of nitric acid production (3.0 lb/
T) on a 3-hour basis to 0.5 lb/T on a 30day average basis, and additional testing
and monitoring requirements. The final
rule applies to new, modified or
reconstructed nitric acid production
units (NAPU) that commence
construction, modification or
reconstruction after October 14, 2011.
Throughout the rulemaking process,
we received comments, data and
information that supported these
revisions. This information is available
in the docket for this action. The
revisions were proposed on October 14,
2011 (76 FR 63878). We received
additional data and comments during
the comment period. These data and
comments were considered and
analyzed and, where appropriate,
revisions to the NSPS were made and
incorporated into the final rule
published on August 14, 2012.
On October 10, 2012, Dyno Nobel Inc.
(DNI) submitted a petition for
reconsideration of the final rule for
nitric acid plants. Under section
307(d)(7)(B) of the CAA, a petitioner
seeking reconsideration must show that
the objection or objections raised in its
reconsideration petition ‘‘is of central
relevance to the outcome of the rule.’’ In
the EPA’s view, an objection is of
central relevance to the outcome of the
rule only if it provides substantial
support for the argument that the
promulgated regulation should be
revised.
After carefully considering the
petition and supporting information, the
EPA Administrator, Gina McCarthy,
denied the petition for reconsideration
on May 11, 2015, in a letter to the
petitioner. The EPA denied the petition
because the information and analysis
submitted by DNI is not of central
relevance to the outcome of the rule, in
that it does not demonstrate that the
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rule should be reconsidered. A
summary of the petition issues and the
EPA’s responses are provided below.
The letter from Administrator McCarthy
and the accompanying enclosure, which
are available in the docket for this
action, explain in greater detail the
issues presented in the petition, the
EPA’s responses to those issues, and the
EPA’s reasons for the denial.
B. Summary of Petition and the EPA’s
Responses
The main issues raised by DNI in their
petition for reconsideration are the
following: They believe the EPA should
have established a subcategory and a
different emissions limit for modified or
reconstructed nitric acid plants that use
non-selective catalytic reduction
(NSCR); and they argue the EPA did not
meet the legal requirement of having
representative emission data to establish
a new emission limit.
Regarding the petitioner’s argument
that the EPA should establish a
subcategory for modified or
reconstructed plants that use NSCR, we
have several reasons why we disagree
with this request.
First, the EPA believes it is
inappropriate to establish subcategories
based on differences in control
technologies, so it is inappropriate to
establish a subcategory for plants using
NSCR.
Second, regarding the petitioner’s
argument that the EPA did not meet the
legal requirement of having
representative emission data to set an
emission limit, we believe the agency
had ample test data to support selective
catalytic reduction as the best system of
emission reduction and to establish a
revised emission limit.
Third, although some units with
NSCR may not be able to meet the limit
without improving their controls, based
on available data we believe it is
feasible for some units with NSCR to
comply with this NSPS without the
need for any additional controls as some
existing units with NSCR are already
achieving the NSPS emission limit.
Finally, we believe other units with
NSCR that are modified or
reconstructed, could comply with the
NSPS limit by improving their controls
at reasonable costs.
Therefore, based on our review and
evaluation of all issues raised by the
petitioner and relevant available data
and information, we have concluded
that reconsideration is not warranted.
E:\FR\FM\18MYP1.SGM
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Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed Rules
Dated: May 11, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015–11958 Filed 5–15–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–BB40
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Omnibus
Amendment To Simplify Vessel
Baselines
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
AGENCY:
NMFS announces that the
Mid-Atlantic and New England Fishery
Management Councils have submitted
an Omnibus Amendment to the Fishery
Management Plans of the Northeastern
United States to simplify vessel
baselines. This amendment incorporates
a draft Environmental Assessment and
preliminary Regulatory Impact Review,
for review and approval by the Secretary
of Commerce, and NMFS is requesting
comments from the public. The
Omnibus Amendment to Simplify
Vessel Baselines would eliminate the
one-time limit on vessel upgrades and
remove gross and net tonnages from
vessel baseline specifications
considered when determining a vessel’s
baseline for replacement purposes.
Implementing these measures would
reduce the administrative burden to
permit holders and NMFS, and would
have little effect on fleet capacity. This
action would also remove the
requirement for vessels to send in
negative fishing reports (i.e., ‘‘did not
fish’’ reports) during months or weeks
when fishing did not occur.
DATES: Comments must be received on
or before July 17, 2015.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2011–0213,
by any one of the following methods.
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20110213,
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SUMMARY:
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2. Click the ‘‘Comment Now!’’ icon,
complete the required fields
3. Enter or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Copies of the Omnibus Amendment to
Simplify Vessel Baselines, and of the
draft Environmental Assessment and
preliminary Regulatory Impact Review
(EA/RIR), are available from the Greater
Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA
01930 The EA/RIR is also accessible via
the Internet at:
www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Policy Analyst,
978–281–9233.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires that
each Regional Fishery Management
Council submit any Fishery
Management Plan (FMP) amendment it
prepares to NMFS for review and
approval, disapproval, or partial
approval. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
an FMP amendment, immediately
publish notification in the Federal
Register that the amendment is
available for public review and
comment. The New England Fishery
Management Council (NEFMC) and the
Mid-Atlantic Fishery Management
Council (MAFMC) approved this
Baseline Amendment, which would
simplify vessel baseline requirements, at
their November 18, 2014, and October 8,
2014, meetings, respectively. NMFS
prepared the amendment on behalf of
the Councils and declared a transmittal
date May 12, 2015. Both Councils have
reviewed the Baseline Amendment
proposed rule regulations as drafted by
NMFS and deemed them to be necessary
and appropriate as specified in section
303(c) of the MSA. If approved by
NMFS, this amendment would simplify
the specifications considered when
determining a vessel’s baseline for
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28217
replacement purposes developed by the
MAFMC and NEFMC.
Background
The MAFMC developed the first
limited entry program in 1977 for the
surfclam/quahog fishery, which
included restrictions on replacement
vessels. This program required that a
replacement vessel be of ‘‘substantially
similar capacity’’ in an effort to
maintain and not increase the harvest
capacity of the fleet at that time. Over
the following two decades, the MAFMC
and NEFMC implemented additional
limited entry programs. By 1998, there
were four different sets of vessel
upgrade and replacement restrictions
among the various FMPs. The upgrade
restrictions became confusing for fishing
industry members with more than one
limited access permit, because each
permit had the potential to have
different vessel upgrade regulations
apply. In addition, some vessels added
limited access permits to their vessel
that originally qualified on another
vessel that was a different size and/or
horsepower. This results in a vessel
having multiple baselines. Thus, in
1999, the MAFMC and NEFMC, in
consultation with NMFS, developed an
amendment to Achieve Regulatory
Consistency on Permit Related
Provisions for Vessels Issued Limited
Access Federal Fishery Permits (64 FR
8263, February 19, 1999) (Consistency
Amendment) to streamline and make
consistent baseline provisions and
upgrade restrictions across FMPs.
The Consistency Amendment
standardized definitions and restrictions
for vessel baselines, upgrades, and
replacements across all limited access
fisheries. It simplified regulations for
vessel replacements, permit transfers,
and vessel upgrades, making them
consistent and less restrictive in order to
facilitate business transactions.
Although the Consistency Amendment
did standardize the vessel baseline
requirements for the fisheries of the
northeast, some burdensome
requirements remain. Under current
restrictions, a vessel baseline is defined
by vessel length overall, gross tonnage,
net tonnage, and horsepower. We
determine the baseline for a limited
access permit based on the size (length,
gross tonnage, and net tonnage) and
horsepower of the first vessel issued a
limited access permit for that fishery or,
for fisheries that adopted baseline
restrictions through the Consistency
Amendment, the permitted vessel at the
time the final rule became effective.
Current baseline regulations require
that a replacement vessel or an upgrade
made to an existing vessel with a
E:\FR\FM\18MYP1.SGM
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Agencies
[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Proposed Rules]
[Pages 28215-28217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11958]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2010-0750; FRL-9927-58-OAR]
RIN 2060-AQ60
Reconsideration Petition From Dyno Nobel Inc. on the New Source
Performance Standards Review for Nitric Acid Plants; Final Action
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action denying petition for reconsideration.
-----------------------------------------------------------------------
[[Page 28216]]
SUMMARY: This action provides notice that on May 11, 2015, the U.S.
Environmental Protection Agency (EPA) Administrator, Gina McCarthy,
signed a letter denying a petition for reconsideration of the final New
Source Performance Standards (NSPS) for Nitric Acid Plants published in
the Federal Register on August 14, 2012. (77 FR 48433)
DATES: Effective May 18, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Nathan Topham, Sector Policies and
Programs Division (D243-02), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number: (919) 541-0483; fax number:
(919) 541-3207; email address: topham.nathan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. How can I get copies of this document and other related information?
This Federal Register document, the petition for reconsideration,
and the letter denying the petition for reconsideration are available
in the docket the EPA established under Docket ID No. EPA-HQ-OAR-2010-
0750. All documents in the docket are listed on the 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
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 Air Docket is (202) 566-1742. This Federal Register
document, the petition for reconsideration, and the letter denying the
petition can also be found on the EPA's Web site at https://www.epa.gov/ttn/oarpg.
II. Judicial Review
Any petitions for review of the letter and enclosure denying the
petition for reconsideration described in this document must be filed
in the United States Court of Appeals for the District of Columbia
Circuit by July 17, 2015.
III. Description of Action
A. Background
The initial Nitric Acid Plants NSPS were promulgated on December
23, 1971 (36 FR 24881) and codified at 40 CFR part 60, subpart G
pursuant to section 111 of the Clean Air Act (CAA). Pursuant to section
111(b)(1)(B) of the CAA, we reviewed the NSPS three times over the past
few decades. Based on the results of the third review, which we
completed in August 2012, we determined it was appropriate to revise
the NSPS. The revised NSPS were published in the Federal Register on
August 14, 2012 (77 FR 48433). The revised NSPS (also referred to as
the ``final rule'' in this document) included a change in the nitrogen
oxides (NOX) emission limit, from 3.0 pounds of
NOX per ton of nitric acid production (3.0 lb/T) on a 3-hour
basis to 0.5 lb/T on a 30-day average basis, and additional testing and
monitoring requirements. The final rule applies to new, modified or
reconstructed nitric acid production units (NAPU) that commence
construction, modification or reconstruction after October 14, 2011.
Throughout the rulemaking process, we received comments, data and
information that supported these revisions. This information is
available in the docket for this action. The revisions were proposed on
October 14, 2011 (76 FR 63878). We received additional data and
comments during the comment period. These data and comments were
considered and analyzed and, where appropriate, revisions to the NSPS
were made and incorporated into the final rule published on August 14,
2012.
On October 10, 2012, Dyno Nobel Inc. (DNI) submitted a petition for
reconsideration of the final rule for nitric acid plants. Under section
307(d)(7)(B) of the CAA, a petitioner seeking reconsideration must show
that the objection or objections raised in its reconsideration petition
``is of central relevance to the outcome of the rule.'' In the EPA's
view, an objection is of central relevance to the outcome of the rule
only if it provides substantial support for the argument that the
promulgated regulation should be revised.
After carefully considering the petition and supporting
information, the EPA Administrator, Gina McCarthy, denied the petition
for reconsideration on May 11, 2015, in a letter to the petitioner. The
EPA denied the petition because the information and analysis submitted
by DNI is not of central relevance to the outcome of the rule, in that
it does not demonstrate that the rule should be reconsidered. A summary
of the petition issues and the EPA's responses are provided below. The
letter from Administrator McCarthy and the accompanying enclosure,
which are available in the docket for this action, explain in greater
detail the issues presented in the petition, the EPA's responses to
those issues, and the EPA's reasons for the denial.
B. Summary of Petition and the EPA's Responses
The main issues raised by DNI in their petition for reconsideration
are the following: They believe the EPA should have established a
subcategory and a different emissions limit for modified or
reconstructed nitric acid plants that use non-selective catalytic
reduction (NSCR); and they argue the EPA did not meet the legal
requirement of having representative emission data to establish a new
emission limit.
Regarding the petitioner's argument that the EPA should establish a
subcategory for modified or reconstructed plants that use NSCR, we have
several reasons why we disagree with this request.
First, the EPA believes it is inappropriate to establish
subcategories based on differences in control technologies, so it is
inappropriate to establish a subcategory for plants using NSCR.
Second, regarding the petitioner's argument that the EPA did not
meet the legal requirement of having representative emission data to
set an emission limit, we believe the agency had ample test data to
support selective catalytic reduction as the best system of emission
reduction and to establish a revised emission limit.
Third, although some units with NSCR may not be able to meet the
limit without improving their controls, based on available data we
believe it is feasible for some units with NSCR to comply with this
NSPS without the need for any additional controls as some existing
units with NSCR are already achieving the NSPS emission limit.
Finally, we believe other units with NSCR that are modified or
reconstructed, could comply with the NSPS limit by improving their
controls at reasonable costs.
Therefore, based on our review and evaluation of all issues raised
by the petitioner and relevant available data and information, we have
concluded that reconsideration is not warranted.
[[Page 28217]]
Dated: May 11, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-11958 Filed 5-15-15; 8:45 am]
BILLING CODE 6560-50-P