Approval and Promulgation of State Implementation Plan, Louisiana; Attainment Demonstration for the St. Bernard Parish 2010 SO2, 2801-2804 [2018-28171]

Download as PDF Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Proposed Rules regulations already in place for oil spill response, industry initiatives such as the American Chemistry Council’s Responsible Care and the American Waterways Operators’ Responsible Carrier programs, and the sustainability policies of individual companies, CTAC was unable to identify large gaps in hazardous substance spill response planning for vessels that would be improved by the 1999 proposed rulemaking. III. Withdrawal The Coast Guard is withdrawing its proposed rulemaking in order to better analyze the current spill response capabilities of the chemical industry and gaps in the current regulatory regime before conducting any further rulemaking on hazardous substance response plans for tank vessels. While the Coast Guard remains committed to fulfilling its OPA 90 mandate, we believe the proposed rules are no longer appropriate in their 1999 form. The Coast Guard has determined that withdrawing the proposed rule is appropriate based on findings that the 1999 proposed rules are no longer applicable to the current state of spill response in the chemical industry. Accordingly, the Coast Guard is withdrawing the ‘‘Tank Vessel Response Plans for Hazardous Substances’’ proposed rulemaking published March 22, 1999 (64 FR 13734). IV. Executive Order 13771 Pmangrum on DSK3GMQ082PROD with PROPOSALS The withdrawal of the NPRM qualifies as a deregulatory action under Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs), which directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ See the OMB Memorandum titled ‘‘Guidance Implementing Executive Order 13771, Titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (April 5, 2017). Dated: February 4, 2019. Anthony J. Vogt, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Response Policy. [FR Doc. 2019–01593 Filed 2–7–19; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 15:12 Feb 07, 2019 Jkt 247001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2017–0558; FRL–9988–27– Region 6] Approval and Promulgation of State Implementation Plan, Louisiana; Attainment Demonstration for the St. Bernard Parish 2010 SO2 Primary National Ambient Air Quality Standard Nonattainment Area; Supplemental Notice of Proposed Rulemaking Environmental Protection Agency (EPA). ACTION: Supplemental notice of proposed rulemaking. AGENCY: In this supplemental notice of proposed rulemaking (SNPRM), the Environmental Protection Agency (EPA) is supplementing our proposed approval document, concerning the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard (NAAQS) Nonattainment Area State Implementation Plan (SIP) revision for St. Bernard Parish. The EPA is also reopening the public comment period. DATES: Written comments must be received on or before March 11, 2019. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2017–0558, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact Mr. Robert Imhoff, (214) 665– 7262, imhoff.robert@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy SUMMARY: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 2801 at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Mr. Robert Imhoff, (214) 665–7262; imhoff.robert@epa.gov. To inspect the hard copy materials, please schedule an appointment with Mr. Robert Imhoff. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. I. Background On April 19, 2018, we published a proposed rulemaking action to approve the 2010 SO2 Primary NAAQS Nonattainment Area SIP revision for St. Bernard Parish, submitted by the State of Louisiana on November 9, 2017 and first supplemented on February 8, 2018.1 The April 19, 2018 action proposed approval of the following CAA SIP elements: The attainment demonstration for the SO2 NAAQS and enforceable emissions limits, which included an Agreed Order on Consent (AOC) dated February 2, 2018 for the Rain CII Carbon, LLC. (Rain) facility; the reasonable further progress (RFP) plan; the reasonably available control measures (RACM) and reasonably available control technology (RACT) demonstration; the emission inventories; and the contingency measures. We also proposed to find that the State had demonstrated that its current Nonattainment New Source Review (NNSR) program covered the 2010 SO2 NAAQS; therefore, no revision to the SIP was required for the NNSR element. Comments on the proposal were required to be received by May 21, 2018. We received timely comments on the proposal, and as stated further below, we will address all comments received on the original proposal and on this supplemental action in our final action.2 II. Additional Information Submitted by Louisiana After the close of the public comment period to the April 19, 2018 proposal, the Louisiana Department of Environmental Quality (LDEQ) submitted additional information to 1 83 FR 17349. our detailed discussion below that involves an evaluation of the supplemental information submitted by the LDEQ to EPA, partly in response to a public comment received on the original Federal Register action at 83 FR 17349, April 19, 2018 proposal. 2 See E:\FR\FM\08FEP1.SGM 08FEP1 2802 Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Proposed Rules EPA on August 24, 2018.3 The additional information was submitted to us partly in response to a public comment received on the April 19, 2018 proposal by United States Senator from Louisiana, Bill Cassidy.4 In particular, Senator Cassidy submitted a comment letter that expressed concern that Rain would need to modify the February 2018 AOC entered between Rain and LDEQ as Rain did not believe that it could meet the limits set forth in the AOC without an additional extension to the compliance dates. In response to the comment, and in order to determine feasible emission limits for operations during transitions from exhaust flow through the hot stack to flow through the heat recovery boiler (referred to as the cold stack), LDEQ granted an extension of the deadline of the February 2018 AOC on April 27, 2018.5 LDEQ then issued a revised AOC on August 2, 2018. A model analysis was submitted to EPA on August 24, 2018 6 to specifically demonstrate attainment of the NAAQS with the revised limits in the August 2018 AOC. EPA reviewed the new modeling analysis 7 and found some errors and omissions. In response, LDEQ submitted an updated modeling analysis on October 9, 2018.8 The AOC (signed by LDEQ and Rain August 2, 2018 and submitted to EPA on August 24, 2018), and the October 9, 2018 modeling files (also submitted by LDEQ) serve as a supplement to the November 9, 2017 and February 8, 2018 SIP submittals and are intended to address the public comment by incorporating certain additional AOC revisions (dated 8/2/2018) and supporting modeling into the 2010 SO2 Primary NAAQS Nonattainment Area SIP revision for St. Bernard Parish. III. Public Comment The EPA is reopening the public comment period. Comments are due March 11, 2019. The reopening of the comment period is strictly limited to additional supplemental information submitted by Louisiana on August 24, 2018 and October 9, 2018, and our additional analysis contained in this supplemental action and Supplemental Technical Support Document (TSD) now available in the docket. The supplemental information submitted to us seeks to address, in part, a public comment received on our original April 19, 2018 proposal action. The EPA will address all comments received on the original April 19, 2018 proposal and on this SNPRM in our final action. IV. EPA’s Evaluation and Analysis We have reviewed the supplemental information submitted by LDEQ on August 24, 2018, and October 9, 2018 to further assist in our evaluation of the state’s previous November 9, 2017 (as supplemented on February 8, 2018) SIP submittal and the public comment received by Senator Cassidy. As explained above, the revised AOC made changes in response to comments received regarding Rain’s ability to meet transitional emissions limits. We have included our detailed evaluation and additional analysis of the revisions contained in the August 2, 2018 AOC and supporting modeling in a supplement to the TSD which may be found in the docket and titled as ‘‘Supplement to Technical Support Document for Approval and Promulgation of Implementation Plans; Louisiana; Attainment Demonstration for the St. Bernard Parish 2010 SO2 Primary National Ambient Air Quality Standard Nonattainment Area.’’ The TSD examines LDEQ’s supplemental modeling reflecting the changes in Rain’s AOC and the updates to the contributing sources inventory. See the TSD supplement for a complete discussion of our evaluation and analysis. A. Emissions Data and Limits There were two main changes in the emissions data and limits used in the October 9, 2018 supplemental modeling from the original SIP modeling in the proposal. The first is due to the revision of the AOC for Rain reflecting conditions consistent with the design throughput for the facility and the second is to reflect recent revisions to permits for the contributing sources. The August 2, 2018 AOC incorporated updated information from the facility regarding the emission rates, temperatures, and flowrates to be expected from the facility for the various operating scenarios. Since these parameters differed from those in the previous AOC, additional modeling to demonstrate attainment of the NAAQS was conducted. The August 2, 2018 AOC has a compliance date of August 2, 2018. TABLE 1—CONTROL CHART OF THE SO2 EMISSION LIMITS IN POUNDS PER HOUR FOR THE RAIN COLD AND HOT STACKS Stage Cold stack SO2 limits pounds per hour (lb/hr) Cold stack conditions for stage as measured by CEMS Pmangrum on DSK3GMQ082PROD with PROPOSALS Cold Stack Standalone Low. Hot stack SO2 limits (lb/hr) and associated hot stack parameters During normal, steady state operations, and damper to EQT 0004 is closed, Stack flow rate ≥46,000 ACFM and <90,000 ACFM, Temperature ≥150 °F. Cold Stack StandDuring normal, steady state operations, and damper to EQT alone Medium Low. 0004 is closed, If Stack flow rate ≥90,000 ACFM and <120,000 ACFM, Temperature ≥210 °F. Cold Stack StandDuring normal, steady state operations, and damper to EQT alone Medium 0004 is closed, Stack flow rate ≥120,000 ACFM and High. <140,000 ACFM, Temperature ≥210 °F. Cold Stack StandDuring normal, steady state operations, and damper to EQT alone High. 0004 is closed, Stack flow rate ≥140,000 ACFM, Stack temperature ≥210 °F. 200 0 lb/hr, Hot Stack flow rate = 0. 380 0 lb/hr, Hot Stack flow rate = 0. 420 0 lb/hr, Hot Stack flow rate = 0. 510 0 lb/hr, Hot Stack flow rate = 0. 3 Letter from Secretary Brown to Anne Idsal, August 24, 2018, St. Bernard 2008 Sulfur Dioxide State Implementation Plan Supplemental Information and Executed Administrative Order on Consent (AOC) included in the docket for this action. 4 See the April 24, 2018 letter (in the docket to this action) from Senator Cassidy to EPA that 7 See Email Erik Snyder to Vivian Aucoin September 11, 2018 with attachment in the docket to this action ‘‘Chalmette_LDEQ_7_2018_Sources emissions verifications—R6.xlsx’’. 8 See Email from Vennetta Hayes to Robert Imhoff October 9, 2018 in the docket to this action. VerDate Sep<11>2014 15:12 Feb 07, 2019 Jkt 247001 referred to Rain’s need to modify the February 2, 2018 AOC. 5 See April 27, 2018 Letter from Secretary Chuck Carr Brown to Rain in the docket for this action. 6 See Email from Vivian Aucoin to Michael Feldman September 28, 2018 in the docket to this action. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\08FEP1.SGM 08FEP1 2803 Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Proposed Rules TABLE 1—CONTROL CHART OF THE SO2 EMISSION LIMITS IN POUNDS PER HOUR FOR THE RAIN COLD AND HOT STACKS—Continued Cold stack SO2 limits pounds per hour (lb/hr) Hot stack SO2 limits (lb/hr) and associated hot stack parameters Stage Cold stack conditions for stage as measured by CEMS 1 ............................... Stack flow rate is >0 ACFM and <45,000 ACFM or Temperature <60 °F. 4.5 2 ............................... Stack gas flow rate ≥45,000 ACFM and <60,000 ACFM, Temperature ≥110 °F. 49.5 3 ............................... Stack gas flow rate ≥60,000 ACFM and <85,000 ACFM, Temperature ≥150 °F. 90 4 ............................... Transition Stage 4: When the flue gas flow rate ≥85,000 ACFM and <110,000 ACFM: Temperature ≥160 °F. 108 5 ............................... Transition Stage 5: When the flue gas flow rate ≥110,000 ACFM and <140,000 ACFM: Temperature ≥210 °F. Transition Stage 6: When the flue gas flow rate ≥140,000 ACFM: Temperature ≥210 °F. Non-transition operations: When the damper to EQT 0003 is closed. 171 6 ............................... Hot Stack Standalone. The emission rates used in the previous modeling for contributing sources were accurate and complete at the time they were compiled in 2017. Because of subsequent permit modifications in 2018 for the Valero and Chalmette refineries, the do not accurately reflect current allowable emission rates. EPA and LDEQ consulted on updates to the original allowable rates for the contributing sources.9 LDEQ used the updated current allowable emission rates in their modeling. The revised contributing source inventory contained sources, not including Rain, totaling 4,435 tons per year compared to the previous inventory which contained 6,382 tons per year. B. Summary of Results LDEQ’s October 2018 modeling analysis, including the revised August 189 0 1,600 lb/hr, Hot Stack flow rate ≥400,000 ACFM, Temperature ≥1,600 °F. 1,400 lb/hr, Hot Stack flow rate ≥375,000 ACFM, Temperature ≥1,600 °F. 1,200 lb/hr, Hot Stack flow rate ≥375,000 ACFM, Temperature ≥1,600 °F. ≤1,000 lb/hr, Hot Stack flow rate ≥310,000 ACFM, Temperature ≥1,600 °F. 900 lb/hr, Hot Stack flow rate ≥310,000 ACFM, Temperature ≥1,600 °F. 800 lb/hr, Hot Stack flow rate ≥220,000 ACFM, Temperature ≥1,400 °F. 2,020 lb/hr. 2, 2018 AOC emission limits for the Rain facility, resulted in concentrations below the level of the 1-hour primary SO2 NAAQS. The EPA has reviewed Louisiana’s supplemental modeling and agrees that Louisiana’s supplemental materials, along with the new AOC limits (August 2, 2018), result in demonstrating attainment of the 1-hour SO2 primary NAAQS before the attainment deadline of October 4, 2018. TABLE 2—SUMMARY OF EPA MODEL RESULTS WITH NUMBER OF OPERATING SCENARIOS MODELED, IF GREATER THAN ONE Design value μg/m3 Operational status Pmangrum on DSK3GMQ082PROD with PROPOSALS Cold Stack Normal Operations (Low) .................................................................................................................................................. Cold Stack Normal Operations (Medium Low) .................................................................................................................................... Cold Stack Normal Operations (Medium High) ................................................................................................................................... Cold Stack Normal Operations (High) ................................................................................................................................................. Hot Stack Normal Operations .............................................................................................................................................................. Transition (Six Scenarios) ................................................................................................................................................................... Rain Property ....................................................................................................................................................................................... Valero Property .................................................................................................................................................................................... Chalmette Refinery Property ............................................................................................................................................................... On April 19, 2018, EPA originally proposed to approve the 2010 SO2 Nonattainment Area SIP revision for St. Bernard Parish, as submitted by the State of Louisiana on November 9, 2017 and supplemented on February 8, 2018. In this supplemental proposal, EPA is proposing to approve LDEQ’s August 24, 2018 and October 9, 2018 supplements to the November 9, 2017 SIP and February 8, 2018 submittals that were provided partly in response to a comment received on our April 19, 2018 proposal (83 FR 17349). Specifically, we 9 September 11, 2018 Email From: Snyder, Erik to Vivian. Aucoin with attachment ‘‘Chalmette_LDEQ_ 7_2018_Sources emissions verifications—R6.xlsx’’ in the docket for this action. The result of our evaluation and analysis of the supplemental information continues to support the proposed approval of the SIP revisions identified in the Federal Register at 83 FR 17349, April 19, 2018, proposal. V. Supplemental Proposal Action VerDate Sep<11>2014 15:12 Feb 07, 2019 Jkt 247001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 189.8 189.8 183.9 190.8 176.6 185.6 160.5 147.7 130.3 are proposing to approve the August 2, 2018 AOC as a source-specific SIP revision that serves to replace the original February 2018 AOC. We propose to find that the supplemental October 9, 2018 modeling provides continued support for a proposed approval of the attainment demonstration that was originally submitted in November 2017. EPA solicits comments on this SNPRM, with E:\FR\FM\08FEP1.SGM 08FEP1 2804 Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Proposed Rules respect to only the specific information raised in this supplemental proposal— that being (a) the modifications from the original modeling required for the supplemental October 9, 2018 modeling, i.e., the revised stack parameters and emissions for Rain and the contributing source inventory and (b) the revised August 2018 AOC. EPA is not reopening the comment period on any other aspect of the April 19, 2018 proposal, as there was an opportunity to comment provided at the time of that proposal on all other elements of the submittals and those elements remain unchanged from the original proposal. The purpose of this SNPRM is limited to an evaluation of LDEQ’s August 24, 2018 submission of the AOC and supporting October 2018 modeling, as well as the supplement to the TSD, all of which are contained in the docket for this rulemaking. We are reopening the comment period until March 11, 2019. The scope of this supplemental document and the reopening of the comment period is strictly limited to only the supplemental information. The EPA will not respond to comments received during the reopened comment period outside the above-defined scope. This action will allow interested persons additional time to review the supplemental information to prepare and submit relevant comments. The EPA will address all comments received on the original proposal and on this supplemental action in our final action. Pmangrum on DSK3GMQ082PROD with PROPOSALS VI. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to the Louisiana sourcespecific requirements as described in the Proposed Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and in hard copy at the EPA Region 6 office (please contact Mr. Robert Imhoff for more information). VII. Statutory and Executive Order Reviews Under the Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Act. Accordingly, this action merely proposes to approve state law as VerDate Sep<11>2014 15:12 Feb 07, 2019 Jkt 247001 meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rulemaking 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by Reference, Intergovernmental relations, PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 Reporting and recordkeeping requirements, Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: December 20, 2018. Anne Idsal, Regional Administrator, Region 6. [FR Doc. 2018–28171 Filed 2–7–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 563 [Docket No. NHTSA–2012–0177] RIN 2127–AK86 Federal Motor Vehicle Safety Standards; Event Data Recorders National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Proposed rule; withdrawal. AGENCY: NHTSA withdraws its December 13, 2012 notice of proposed rulemaking (NPRM) that proposed a new Federal motor vehicle safety standard (FMVSS) mandating installation of an Event Data Recorder (EDR) that meets NHTSA’s current EDR standard in most light vehicles. At the time NHTSA published the NPRM, the agency noted that a significant number of light vehicles were being sold without EDRs, and said it believed a mandate was needed. Today, EDRs are installed on nearly all new light vehicles. In light of these changed circumstances, NHTSA believes that a mandate for today’s EDRs is no longer necessary and withdrawal of the NPRM is therefore warranted. DATES: The NPRM ‘‘Federal Motor Vehicle Safety Standards; Event Data Recorders,’’ RIN 2127–AK86, published December 13, 2012 (77 FR 74144), is withdrawn as of February 8, 2019. ADDRESSES: Electronic Access: You can view and download related documents and public comments by going to the website https://www.regulations.gov. Enter the docket number NHTSA–2012– 0177 in the search field. FOR FURTHER INFORMATION CONTACT: For technical issues, contact Ms. Carla Rush, Office of Crashworthiness Standards, Telephone: 202–366–4583, Facsimile: 202–493–2739. For legal issues, contact Mr. Daniel Koblenz, Office of Chief Counsel, Telephone: 202–366–2992, Facsimile: 202–366–3820. The mailing address for these officials is: National Highway Traffic Safety Administration, SUMMARY: E:\FR\FM\08FEP1.SGM 08FEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Proposed Rules]
[Pages 2801-2804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28171]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0558; FRL-9988-27-Region 6]

Approval and Promulgation of State Implementation Plan,
Louisiana; Attainment Demonstration for the St. Bernard Parish 2010 SO2
Primary National Ambient Air Quality Standard Nonattainment Area;
Supplemental Notice of Proposed Rulemaking

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: In this supplemental notice of proposed rulemaking (SNPRM),
the Environmental Protection Agency (EPA) is supplementing our proposed
approval document, concerning the 2010 Sulfur Dioxide (SO2)
Primary National Ambient Air Quality Standard (NAAQS) Nonattainment
Area State Implementation Plan (SIP) revision for St. Bernard Parish.
The EPA is also reopening the public comment period.

DATES: Written comments must be received on or before March 11, 2019.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0558, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
Mr. Robert Imhoff, (214) 665-7262, imhoff.robert@epa.gov. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Robert Imhoff, (214) 665-7262;
imhoff.robert@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Mr. Robert Imhoff.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to EPA.

I. Background

On April 19, 2018, we published a proposed rulemaking action to
approve the 2010 SO2 Primary NAAQS Nonattainment Area SIP
revision for St. Bernard Parish, submitted by the State of Louisiana on
November 9, 2017 and first supplemented on February 8, 2018.\1\ The
April 19, 2018 action proposed approval of the following CAA SIP
elements: The attainment demonstration for the SO2 NAAQS and
enforceable emissions limits, which included an Agreed Order on Consent
(AOC) dated February 2, 2018 for the Rain CII Carbon, LLC. (Rain)
facility; the reasonable further progress (RFP) plan; the reasonably
available control measures (RACM) and reasonably available control
technology (RACT) demonstration; the emission inventories; and the
contingency measures. We also proposed to find that the State had
demonstrated that its current Nonattainment New Source Review (NNSR)
program covered the 2010 SO2 NAAQS; therefore, no revision
to the SIP was required for the NNSR element.
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\1\ 83 FR 17349.
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Comments on the proposal were required to be received by May 21,
2018. We received timely comments on the proposal, and as stated
further below, we will address all comments received on the original
proposal and on this supplemental action in our final action.\2\
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\2\ See our detailed discussion below that involves an
evaluation of the supplemental information submitted by the LDEQ to
EPA, partly in response to a public comment received on the original
Federal Register action at 83 FR 17349, April 19, 2018 proposal.
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II. Additional Information Submitted by Louisiana

After the close of the public comment period to the April 19, 2018
proposal, the Louisiana Department of Environmental Quality (LDEQ)
submitted additional information to

[[Page 2802]]

EPA on August 24, 2018.\3\ The additional information was submitted to
us partly in response to a public comment received on the April 19,
2018 proposal by United States Senator from Louisiana, Bill Cassidy.\4\
In particular, Senator Cassidy submitted a comment letter that
expressed concern that Rain would need to modify the February 2018 AOC
entered between Rain and LDEQ as Rain did not believe that it could
meet the limits set forth in the AOC without an additional extension to
the compliance dates. In response to the comment, and in order to
determine feasible emission limits for operations during transitions
from exhaust flow through the hot stack to flow through the heat
recovery boiler (referred to as the cold stack), LDEQ granted an
extension of the deadline of the February 2018 AOC on April 27,
2018.\5\ LDEQ then issued a revised AOC on August 2, 2018. A model
analysis was submitted to EPA on August 24, 2018 \6\ to specifically
demonstrate attainment of the NAAQS with the revised limits in the
August 2018 AOC. EPA reviewed the new modeling analysis \7\ and found
some errors and omissions. In response, LDEQ submitted an updated
modeling analysis on October 9, 2018.\8\ The AOC (signed by LDEQ and
Rain August 2, 2018 and submitted to EPA on August 24, 2018), and the
October 9, 2018 modeling files (also submitted by LDEQ) serve as a
supplement to the November 9, 2017 and February 8, 2018 SIP submittals
and are intended to address the public comment by incorporating certain
additional AOC revisions (dated 8/2/2018) and supporting modeling into
the 2010 SO2 Primary NAAQS Nonattainment Area SIP revision
for St. Bernard Parish.
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\3\ Letter from Secretary Brown to Anne Idsal, August 24, 2018,
St. Bernard 2008 Sulfur Dioxide State Implementation Plan
Supplemental Information and Executed Administrative Order on
Consent (AOC) included in the docket for this action.
\4\ See the April 24, 2018 letter (in the docket to this action)
from Senator Cassidy to EPA that referred to Rain's need to modify
the February 2, 2018 AOC.
\5\ See April 27, 2018 Letter from Secretary Chuck Carr Brown to
Rain in the docket for this action.
\6\ See Email from Vivian Aucoin to Michael Feldman September
28, 2018 in the docket to this action.
\7\ See Email Erik Snyder to Vivian Aucoin September 11, 2018
with attachment in the docket to this action
``Chalmette_LDEQ_7_2018_Sources emissions verifications--R6.xlsx''.
\8\ See Email from Vennetta Hayes to Robert Imhoff October 9,
2018 in the docket to this action.
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III. Public Comment

The EPA is reopening the public comment period. Comments are due
March 11, 2019. The reopening of the comment period is strictly limited
to additional supplemental information submitted by Louisiana on August
24, 2018 and October 9, 2018, and our additional analysis contained in
this supplemental action and Supplemental Technical Support Document
(TSD) now available in the docket. The supplemental information
submitted to us seeks to address, in part, a public comment received on
our original April 19, 2018 proposal action. The EPA will address all
comments received on the original April 19, 2018 proposal and on this
SNPRM in our final action.

IV. EPA's Evaluation and Analysis

We have reviewed the supplemental information submitted by LDEQ on
August 24, 2018, and October 9, 2018 to further assist in our
evaluation of the state's previous November 9, 2017 (as supplemented on
February 8, 2018) SIP submittal and the public comment received by
Senator Cassidy. As explained above, the revised AOC made changes in
response to comments received regarding Rain's ability to meet
transitional emissions limits. We have included our detailed evaluation
and additional analysis of the revisions contained in the August 2,
2018 AOC and supporting modeling in a supplement to the TSD which may
be found in the docket and titled as ``Supplement to Technical Support
Document for Approval and Promulgation of Implementation Plans;
Louisiana; Attainment Demonstration for the St. Bernard Parish 2010
SO2 Primary National Ambient Air Quality Standard
Nonattainment Area.'' The TSD examines LDEQ's supplemental modeling
reflecting the changes in Rain's AOC and the updates to the
contributing sources inventory. See the TSD supplement for a complete
discussion of our evaluation and analysis.

A. Emissions Data and Limits

There were two main changes in the emissions data and limits used
in the October 9, 2018 supplemental modeling from the original SIP
modeling in the proposal. The first is due to the revision of the AOC
for Rain reflecting conditions consistent with the design throughput
for the facility and the second is to reflect recent revisions to
permits for the contributing sources. The August 2, 2018 AOC
incorporated updated information from the facility regarding the
emission rates, temperatures, and flowrates to be expected from the
facility for the various operating scenarios. Since these parameters
differed from those in the previous AOC, additional modeling to
demonstrate attainment of the NAAQS was conducted. The August 2, 2018
AOC has a compliance date of August 2, 2018.

Table 1--Control Chart of the SO2 Emission Limits in Pounds per Hour for the Rain Cold and Hot Stacks
----------------------------------------------------------------------------------------------------------------
Cold stack SO2
Cold stack conditions for stage as limits pounds Hot stack SO2 limits (lb/
Stage measured by CEMS per hour (lb/ hr) and associated hot
hr) stack parameters
----------------------------------------------------------------------------------------------------------------
Cold Stack Standalone Low........ During normal, steady state 200 0 lb/hr, Hot Stack flow
operations, and damper to EQT 0004 rate = 0.
is closed, Stack flow rate
>=46,000 ACFM and <90,000 ACFM,
Temperature >=150 [deg]F.
Cold Stack Standalone Medium Low. During normal, steady state 380 0 lb/hr, Hot Stack flow
operations, and damper to EQT 0004 rate = 0.
is closed, If Stack flow rate
>=90,000 ACFM and <120,000 ACFM,
Temperature >=210 [deg]F.
Cold Stack Standalone Medium High During normal, steady state 420 0 lb/hr, Hot Stack flow
operations, and damper to EQT 0004 rate = 0.
is closed, Stack flow rate
>=120,000 ACFM and <140,000 ACFM,
Temperature >=210 [deg]F.
Cold Stack Standalone High....... During normal, steady state 510 0 lb/hr, Hot Stack flow
operations, and damper to EQT 0004 rate = 0.
is closed, Stack flow rate
>=140,000 ACFM, Stack temperature
>=210 [deg]F.

[[Page 2803]]

1................................ Stack flow rate is >0 ACFM and 4.5 1,600 lb/hr, Hot Stack
<45,000 ACFM or Temperature <60 flow rate >=400,000
[deg]F. ACFM, Temperature
>=1,600 [deg]F.
2................................ Stack gas flow rate >=45,000 ACFM 49.5 1,400 lb/hr, Hot Stack
and <60,000 ACFM, Temperature flow rate >=375,000
>=110 [deg]F. ACFM, Temperature
>=1,600 [deg]F.
3................................ Stack gas flow rate >=60,000 ACFM 90 1,200 lb/hr, Hot Stack
and <85,000 ACFM, Temperature flow rate >=375,000
>=150 [deg]F. ACFM, Temperature
>=1,600 [deg]F.
4................................ Transition Stage 4: When the flue 108 <=1,000 lb/hr, Hot Stack
gas flow rate >=85,000 ACFM and flow rate >=310,000
<110,000 ACFM: Temperature >=160 ACFM, Temperature
[deg]F. >=1,600 [deg]F.
5................................ Transition Stage 5: When the flue 171 900 lb/hr, Hot Stack
gas flow rate >=110,000 ACFM and flow rate >=310,000
<140,000 ACFM: Temperature >=210 ACFM, Temperature
[deg]F. >=1,600 [deg]F.
6................................ Transition Stage 6: When the flue 189 800 lb/hr, Hot Stack
gas flow rate >=140,000 ACFM: flow rate >=220,000
Temperature >=210 [deg]F. ACFM, Temperature
>=1,400 [deg]F.
Hot Stack Standalone............. Non-transition operations: When the 0 2,020 lb/hr.
damper to EQT 0003 is closed.
----------------------------------------------------------------------------------------------------------------

The emission rates used in the previous modeling for contributing
sources were accurate and complete at the time they were compiled in
2017. Because of subsequent permit modifications in 2018 for the Valero
and Chalmette refineries, the do not accurately reflect current
allowable emission rates. EPA and LDEQ consulted on updates to the
original allowable rates for the contributing sources.\9\ LDEQ used the
updated current allowable emission rates in their modeling. The revised
contributing source inventory contained sources, not including Rain,
totaling 4,435 tons per year compared to the previous inventory which
contained 6,382 tons per year.
---------------------------------------------------------------------------

\9\ September 11, 2018 Email From: Snyder, Erik to Vivian.
Aucoin with attachment ``Chalmette_LDEQ_7_2018_Sources emissions
verifications--R6.xlsx'' in the docket for this action.
---------------------------------------------------------------------------

B. Summary of Results

LDEQ's October 2018 modeling analysis, including the revised August
2, 2018 AOC emission limits for the Rain facility, resulted in
concentrations below the level of the 1-hour primary SO2
NAAQS. The EPA has reviewed Louisiana's supplemental modeling and
agrees that Louisiana's supplemental materials, along with the new AOC
limits (August 2, 2018), result in demonstrating attainment of the 1-
hour SO2 primary NAAQS before the attainment deadline of
October 4, 2018.

Table 2--Summary of EPA Model Results With Number of Operating Scenarios
Modeled,
if Greater Than One
------------------------------------------------------------------------
Design value
Operational status [mu]g/m3
------------------------------------------------------------------------
Cold Stack Normal Operations (Low)...................... 189.8
Cold Stack Normal Operations (Medium Low)............... 189.8
Cold Stack Normal Operations (Medium High).............. 183.9
Cold Stack Normal Operations (High)..................... 190.8
Hot Stack Normal Operations............................. 176.6
Transition (Six Scenarios).............................. 185.6
Rain Property........................................... 160.5
Valero Property......................................... 147.7
Chalmette Refinery Property............................. 130.3
------------------------------------------------------------------------

The result of our evaluation and analysis of the supplemental
information continues to support the proposed approval of the SIP
revisions identified in the Federal Register at 83 FR 17349, April 19,
2018, proposal.

V. Supplemental Proposal Action

On April 19, 2018, EPA originally proposed to approve the 2010
SO2 Nonattainment Area SIP revision for St. Bernard Parish,
as submitted by the State of Louisiana on November 9, 2017 and
supplemented on February 8, 2018. In this supplemental proposal, EPA is
proposing to approve LDEQ's August 24, 2018 and October 9, 2018
supplements to the November 9, 2017 SIP and February 8, 2018 submittals
that were provided partly in response to a comment received on our
April 19, 2018 proposal (83 FR 17349). Specifically, we are proposing
to approve the August 2, 2018 AOC as a source-specific SIP revision
that serves to replace the original February 2018 AOC. We propose to
find that the supplemental October 9, 2018 modeling provides continued
support for a proposed approval of the attainment demonstration that
was originally submitted in November 2017. EPA solicits comments on
this SNPRM, with

[[Page 2804]]

respect to only the specific information raised in this supplemental
proposal--that being (a) the modifications from the original modeling
required for the supplemental October 9, 2018 modeling, i.e., the
revised stack parameters and emissions for Rain and the contributing
source inventory and (b) the revised August 2018 AOC. EPA is not
reopening the comment period on any other aspect of the April 19, 2018
proposal, as there was an opportunity to comment provided at the time
of that proposal on all other elements of the submittals and those
elements remain unchanged from the original proposal. The purpose of
this SNPRM is limited to an evaluation of LDEQ's August 24, 2018
submission of the AOC and supporting October 2018 modeling, as well as
the supplement to the TSD, all of which are contained in the docket for
this rulemaking. We are reopening the comment period until March 11,
2019. The scope of this supplemental document and the reopening of the
comment period is strictly limited to only the supplemental
information. The EPA will not respond to comments received during the
reopened comment period outside the above-defined scope. This action
will allow interested persons additional time to review the
supplemental information to prepare and submit relevant comments. The
EPA will address all comments received on the original proposal and on
this supplemental action in our final action.

VI. Incorporation by Reference

In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Louisiana source-specific requirements as
described in the Proposed Action section above. We have made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and in hard copy at the EPA Region 6 office
(please contact Mr. Robert Imhoff for more information).

VII. Statutory and Executive Order Reviews

Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rulemaking 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).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
Reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.

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

Dated: December 20, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-28171 Filed 2-7-19; 8:45 am]
BILLING CODE 6560-50-P

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