Promulgation of Air Quality Implementation Plans; State of Arkansas; Regional Haze Federal Implementation Plan Revisions; Withdrawal of Portions of the Federal Implementation Plan, 51056-51060 [2019-19877]

Download as PDF jbell on DSK3GLQ082PROD with RULES 51056 Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Rules and Regulations • 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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States VerDate Sep<11>2014 16:06 Sep 26, 2019 Jkt 247001 Court of Appeals for the appropriate circuit by November 26, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review, nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: September 16, 2019. Gregory Sopkin, Regional Administrator, Region 8. [FR Doc. 2019–20380 Filed 9–26–19; 8:45 am] BILLING CODE 6560–50–P EPA–R06–OAR–2015–0189. All documents in the dockets are listed on the https://www.regulations.gov website. 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 Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270–2102. FOR FURTHER INFORMATION CONTACT: Dayana Medina, (214) 665–7241; medina.dayana@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. Table of Contents 40 CFR Part 52 I. What is the background for this action? II. What Final action is EPA taking? III. Responses to Comments Received IV. Statutory and Executive Order Reviews [EPA–R06–OAR–2015–0189; FRL–9997–88– Region 6] I. What is the background for this action? Promulgation of Air Quality Implementation Plans; State of Arkansas; Regional Haze Federal Implementation Plan Revisions; Withdrawal of Portions of the Federal Implementation Plan Arkansas submitted a SIP revision on September 9, 2008, to address the requirements of the first regional haze implementation period. On August 3, 2010, Arkansas submitted a SIP revision with mostly non-substantive revisions to Arkansas Pollution Control and Ecology Commission (APCEC) Regulation 19, Chapter 15.1 On September 27, 2011, the State submitted supplemental information to clarify several aspects of the September 9, 2008 submittal. We are hereafter referring to these regional haze submittals collectively as the ‘‘2008 Arkansas Regional Haze SIP.’’ On March 12, 2012, we partially approved and partially disapproved the 2008 Arkansas Regional Haze SIP.2 On September 27, 2016, in accordance with Section 110(c)(1) of the CAA, we promulgated a FIP (the Arkansas Regional Haze FIP) addressing the disapproved portions of ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is amending a Federal Implementation Plan (FIP) that addresses regional haze for the first planning period for Arkansas as it applies to the best available retrofit technology (BART) requirements for sulfur dioxide (SO2) and particulate matter (PM) for seven electric generating units (EGUs) in Arkansas and the SO2 requirements under the reasonable progress provisions. These portions of the FIP will be replaced by the portions of a revision to the Arkansas State Implementation Plan (SIP) that we are taking final action to approve in a separate rulemaking that is published elsewhere in this issue of the Federal Register. SUMMARY: This final rule is effective October 28, 2019. ADDRESSES: The EPA has established a docket for this action under Docket No. DATES: PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 1 The September 9, 2008 SIP submittal included APCEC Regulation 19, Chapter 15, which is the state regulation that identified the BART-eligible and subject-to-BART sources in Arkansas and established BART emission limits for subject-toBART sources. The August 3, 2010 SIP revision did not revise Arkansas’ list of BART-eligible and subject-to-BART sources or revise any of the BART requirements for affected sources. Instead, it included mostly non-substantive revisions to the state regulation. 2 77 FR 14604. E:\FR\FM\27SER1.SGM 27SER1 Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES the 2008 Arkansas Regional Haze SIP.3 Among other things, the FIP established SO2, nitrogen oxide (NOX), and PM emission limits under the BART requirements for nine units at six facilities: Arkansas Electric Cooperative Corporation (AECC) Bailey Plant Unit 1; AECC McClellan Plant Unit 1; the American Electric Power/Southwestern Electric Power Company (AEP/ SWEPCO) Flint Creek Plant Boiler No. 1; Entergy Arkansas, Inc. (Entergy) Lake Catherine Plant Unit 4; Entergy White Bluff Plant Units 1 and 2; Entergy White Bluff Auxiliary Boiler; and the Domtar Ashdown Mill Power Boilers No. 1 and 2. The FIP also established SO2 and NOX emission limits under the reasonable progress requirements for Entergy Independence Units 1 and 2. Following the issuance of the Arkansas Regional Haze FIP, the State of Arkansas and several industry parties filed petitions for reconsideration and a motion for an administrative stay of the final rule.4 On April 14, 2017, we announced our decision to reconsider several elements of the FIP, as follows: appropriate compliance dates for the NOX emission limits for Flint Creek Boiler No. 1, White Bluff Units 1 and 2, and Independence Units 1 and 2; the low-load NOX emission limits applicable to White Bluff Units 1 and 2 and Independence Units 1 and 2 during periods of operation at less than 50 percent of the units’ maximum heat input rating; the SO2 emission limits for White Bluff Units 1 and 2; and the compliance dates for the SO2 emission limits for Independence Units 1 and 2.5 EPA also published a notice in the Federal Register on April 25, 2017, which administratively stayed the effectiveness of the NOX compliance dates in the FIP for the Flint Creek, White Bluff, and Independence units, as well as the compliance dates for the SO2 emission limits for the White Bluff and Independence units for a period of 90 days.6 On July 13, 2017, the EPA published a notice proposing to extend the NOX compliance dates for Flint Creek Boiler No. 1, White Bluff Units 1 3 81 FR 66332; see also 81 FR 68319 (October 4, 2016) (correction). 4 See the docket associated with this proposed rulemaking for a copy of the petitions for reconsideration and administrative stay submitted by the State of Arkansas; Entergy Arkansas Inc., Entergy Mississippi Inc., and Entergy Power LLC (collectively ‘‘Entergy’’); AECC; and the Energy and Environmental Alliance of Arkansas (EEAA). 5 Letter from E. Scott Pruitt, Administrator, EPA, to Nicholas Jacob Bronni and Jamie Leigh Ewing, Arkansas Attorney General’s Office (April 14, 2017). A copy of this letter is included in the docket, https://www.regulations.gov/document?D=EPAR06-OAR-2015-0189-0240. 6 82 FR 18994. VerDate Sep<11>2014 16:06 Sep 26, 2019 Jkt 247001 and 2, and Independence Units 1 and 2, by 21 months, to January 27, 2020.7 However, EPA did not take final action on the July 13, 2017 proposed rule because on July 12, 2017, Arkansas submitted a proposed SIP revision with a request for parallel processing (Arkansas Regional Haze NOX SIP revision or Arkansas NOX SIP revision). The State’s proposed revision addressed the NOX BART requirements for Bailey Unit 1, McClellan Unit 1, Flint Creek Boiler No. 1, Lake Catherine Unit 4, White Bluff Units 1 and 2, and White Bluff Auxiliary Boiler, as well as the reasonable progress requirements with respect to NOX. We processed this proposed SIP revision in parallel with the state’s SIP approval process and, in a proposed rule published in the Federal Register on September 11, 2017, we proposed approval of the Arkansas Regional Haze NOX SIP revision and withdrawal of the corresponding parts of the Arkansas Regional Haze FIP.8 On October 31, 2017, we received ADEQ’s final Regional Haze NOX SIP revision addressing NOX BART for EGUs and the reasonable progress requirements with respect to NOX for the first implementation period. On February 12, 2018, we finalized our approval of the Arkansas Regional Haze NOX SIP revision and our withdrawal of the corresponding parts of the FIP.9 On August 8, 2018, Arkansas submitted another SIP revision (Arkansas Regional Haze SO2 and PM SIP revision or Phase II SIP revision) addressing all remaining disapproved parts of the 2008 Regional Haze SIP, with the exception of the BART and associated long-term strategy requirements for the Domtar Ashdown Mill Power Boilers No. 1 and 2. The Phase II SIP revision also included a discussion on Arkansas’ interstate visibility transport requirements. In a proposed rule published in the Federal Register on November 30, 2018, we proposed approval of a portion of the SIP revision and we also proposed to withdraw the parts of the FIP corresponding to our proposed approvals.10 We stated in our proposed rule that we intended to propose action on the portion of the SIP revision discussing the interstate visibility transport requirements in a future proposed rulemaking. Since we proposed to withdraw certain portions of the FIP, we also proposed to revise the numbering of certain paragraphs under section 40 CFR 52.173 of the FIP. 7 82 FR 32284. FR 42627. 9 83 FR 5927 and 83 FR 5915 (February 12, 2018). 10 83 FR 62204 (November 30, 2018). In a final action being published separately in today’s Federal Register, we are taking final action to approve the Arkansas Regional Haze SO2 and PM SIP revision. The background for this final rule and the separate final action also being published today that approves the Arkansas Regional Haze SO2 and PM SIP revision is also discussed in detail in our November 30, 2018 proposal.11 The comment period was open for 30 days, and we received comments from four commenters in response to our proposed action. II. What final action is EPA taking? We are withdrawing the majority of the Arkansas Regional Haze FIP that we promulgated on September 27, 2016. Specifically, we are withdrawing the following components of the FIP at 40 CFR 52.173: The SO2 and PM BART emission limits for Bailey Unit 1; the SO2 and PM BART emission limits for McClellan Unit 1; the SO2 BART emission limit for Flint Creek Boiler No. 1; the SO2 BART emission limits for White Bluff Units 1 and 2; the SO2 and PM BART emission limits for the White Bluff Auxiliary Boiler; the prohibition on burning fuel oil at Lake Catherine Unit 4; and the SO2 emission limits for Independence Units 1 and 2 under the reasonable progress provisions. Therefore, we are removing these SO2 and PM emission limitations and associated requirements for Arkansas EGUs from 40 CFR 52.173(c), and as of the effective date of this final rule they will no longer apply to the nine aforementioned units. Since we are withdrawing certain portions of the FIP, we are also revising the numbering of certain paragraphs under section 40 CFR 52.173 of the FIP. Our renumbering of these paragraphs is non-substantive in nature. The provisions of the Arkansas Regional Haze FIP addressing the Domtar Ashdown Mill are unaffected by this action and the Domtar Ashdown Mill is the only remaining facility subject to the FIP. As explained in our November 30, 2018 proposal,12 this action is based on our separate action being published in today’s Federal Register to approve the Arkansas Regional Haze SO2 and PM SIP revision submitted to us on August 8, 2018. In that separate action, EPA is making the determination that the Arkansas Regional Haze SO2 and PM SIP revision is approvable because the plan’s provisions meet the applicable requirements of the CAA and EPA implementing regulations. EPA is 8 82 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 51057 11 83 12 83 E:\FR\FM\27SER1.SGM FR 62204. FR 62204. 27SER1 51058 Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Rules and Regulations finalizing this action under section 110 and part C of the Act. III. Responses to Comments Received We received several comment letters concerning our proposed action, which included both our proposed approval of the portions of the Phase II SIP revision listed in the previous section and proposed withdrawal of the FIP provisions addressing the requirements for which we were proposing SIP approval. EPA did not receive any comments specifically on withdrawal of the FIP provisions; rather, the comments addressed EPA’s proposed approval of the SIP provisions that would replace the FIP. Therefore, we have responded to all relevant comments in response to our proposed action in a separate, final notice published elsewhere in this issue of the Federal Register that approves the Arkansas Regional Haze SO2 and PM SIP revision and/or in a separate document titled the ‘‘Arkansas Regional Haze Phase II SIP Revision Response to Comments,’’ which can be found in the docket associated with this final rulemaking.13 Copies of the comments are also available in the docket for this rulemaking. V. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www2.epa.gov/ lawsregulations/laws-and-executiveorders. 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. This final rule revises a FIP to withdraw sourcespecific SO2 and PM emission limits for only six individually identified facilities in Arkansas and is therefore not a rule of general applicability. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. jbell on DSK3GLQ082PROD with RULES C. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the provisions of the PRA. Burden is 13 Please see Docket No. EPA–R06–OAR–2015– 0189 in the regulations.gov website. VerDate Sep<11>2014 16:06 Sep 26, 2019 Jkt 247001 defined at 5 CFR 1320.3(b). This final rule revises a FIP to withdraw sourcespecific SO2 and PM emission limits for six individually identified facilities in Arkansas. D. Regulatory Flexibility Act (RFA) I certify that this final action will not have a significant economic impact on a substantial number of small entities under the RFA. This final action will not impose any requirements on small entities. This final action revises a FIP to withdraw source-specific SO2 and PM emission limits that apply to six individually identified power plants in Arkansas. E. 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 does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. F. 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. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because this partial FIP withdrawal does not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. This final action revises a FIP to withdraw source-specific SO2 and PM emission limits that apply to six individually identified power plants in Arkansas. There are no Indian reservation lands in Arkansas. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. I. Executive Order 13211: Actions 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. J. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potentially disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. L. Determination Under Section 307(d) Pursuant to CAA section 307(d)(1)(B), this action is subject to the requirements of CAA section 307(d), as it revises a FIP under CAA section 110(c). M. Congressional Review Act (CRA) This rule is exempt from the CRA because it is a rule of particular applicably. EPA is not required to submit a rule report regarding this action under section 801 because this is a rule of particular applicability that only affects six individually identified facilities in Arkansas. N. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 26, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). E:\FR\FM\27SER1.SGM 27SER1 Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Rules and Regulations List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Best available retrofit technology, Incorporation by reference, Intergovernmental relations, Ozone, Particulate Matter, Regional haze, Reporting and recordkeeping requirements, Sulfur Dioxide, Visibility. Dated: September 9, 2019. Andrew R. Wheeler, Administrator. Title 40, chapter I, of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart E—Arkansas 2. Section 52.173 is amended: a. By revising paragraphs (c) introductory text and (c)(1); ■ b. In paragraph (c)(2), by revising the definition of ‘‘Boiler-operating-day’’; ■ c. By removing paragraphs (c)(3) through (12) and (22) through (24); ■ d. By redesignating paragraphs (c)(13) through (21) as paragraphs (c)(3) through (11) and paragraphs (c)(25) through (27) as paragraphs (c)(12) through (14); and ■ f. By revising newly redesignated paragraphs (c)(4), (5), (7), (8), (10), and (11). The revisions read as follows: ■ ■ § 52.173 Visibility protection. jbell on DSK3GLQ082PROD with RULES * * * * * (c) Federal implementation plan for regional haze. Requirements for Domtar Ashdown Paper Mill Power Boilers No. 1 and 2 affecting visibility. (1) Applicability. The provisions of this section shall apply to each owner or operator, or successive owners or operators of the sources designated as Domtar Ashdown Paper Mill Power Boilers No. 1 and 2. (2) * * * Boiler-operating-day means a 24-hr period between 6 a.m. and 6 a.m. the following day during which any fuel is fed into and/or combusted at any time in the power boiler. * * * * * (4) Compliance dates for Domtar Ashdown Mill Power Boiler No. 1. The owner or operator of the boiler must comply with the SO2 and NOX emission limits listed in paragraph (c)(3) of this section by November 28, 2016. (5) Compliance determination and reporting and recordkeeping VerDate Sep<11>2014 16:06 Sep 26, 2019 Jkt 247001 requirements for Domtar Ashdown Paper Mill Power Boiler No. 1. (i)(A) SO2 emissions resulting from combustion of fuel oil shall be determined by assuming that the SO2 content of the fuel delivered to the fuel inlet of the combustion chamber is equal to the SO2 being emitted at the stack. The owner or operator must maintain records of the sulfur content by weight of each fuel oil shipment, where a ‘‘shipment’’ is considered delivery of the entire amount of each order of fuel purchased. Fuel sampling and analysis may be performed by the owner or operator, an outside laboratory, or a fuel supplier. All records pertaining to the sampling of each shipment of fuel oil, including the results of the sulfur content analysis, must be maintained by the owner or operator and made available upon request to EPA and ADEQ representatives. SO2 emissions resulting from combustion of bark shall be determined by using the following sitespecific curve equation, which accounts for the SO2 scrubbing capabilities of bark combustion: Y= 0.4005 * X—0.2645 Where: Y= pounds of sulfur emitted per ton of dry fuel feed to the boiler. X= pounds of sulfur input per ton of dry bark. (B) The owner or operator must confirm the site-specific curve equation through stack testing. By October 27, 2017, the owner or operator must provide a report to EPA showing confirmation of the site specific-curve equation accuracy. Records of the quantity of fuel input to the boiler for each fuel type for each day must be compiled no later than 15 days after the end of the month and must be maintained by the owner or operator and made available upon request to EPA and ADEQ representatives. Each boileroperating-day of the 30-day rolling average for the boiler must be determined by adding together the pounds of SO2 from that boileroperating-day and the preceding 29 boiler-operating-days and dividing the total pounds of SO2 by the sum of the total number of boiler operating days (i.e., 30). The result shall be the 30 boiler-operating-day rolling average in terms of lb/day emissions of SO2. Records of the total SO2 emitted for each day must be compiled no later than 15 days after the end of the month and must be maintained by the owner or operator and made available upon request to EPA and ADEQ representatives. Records of the 30 boiler-operating-day rolling averages for SO2 as described in this paragraph PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 51059 (c)(5)(i) must be maintained by the owner or operator for each boileroperating-day and made available upon request to EPA and ADEQ representatives. (ii) If the air permit is revised such that Power Boiler No. 1 is permitted to burn only pipeline quality natural gas, this is sufficient to demonstrate that the boiler is complying with the SO2 emission limit under paragraph (c)(3) of this section. The compliance determination requirements and the reporting and recordkeeping requirements under paragraph (c)(5)(i) of this section would not apply and confirmation of the accuracy of the sitespecific curve equation under paragraph (c)(5)(i)(B) of this section through stack testing would not be required so long as Power Boiler No. 1 is only permitted to burn pipeline quality natural gas. (iii) To demonstrate compliance with the NOX emission limit under paragraph (c)(3) of this section, the owner or operator shall conduct stack testing using EPA Reference Method 7E, found at 40 CFR part 60, appendix A, once every 5 years, beginning 1 year from the effective date of our final rule, which corresponds to October 27, 2017. Records and reports pertaining to the stack testing must be maintained by the owner or operator and made available upon request to EPA and ADEQ representatives. (iv) If the air permit is revised such that Power Boiler No. 1 is permitted to burn only pipeline quality natural gas, the owner or operator may demonstrate compliance with the NOX emission limit under paragraph (c)(3) of this section by calculating NOX emissions using fuel usage records and the applicable NOX emission factor under AP–42, Compilation of Air Pollutant Emission Factors, section 1.4, Table 1.4– 1. Records of the quantity of natural gas input to the boiler for each day must be compiled no later than 15 days after the end of the month and must be maintained by the owner or operator and made available upon request to EPA and ADEQ representatives. Records of the calculation of NOX emissions for each day must be compiled no later than 15 days after the end of the month and must be maintained by the owner or operator and made available upon request to EPA and ADEQ representatives. Each boiler-operatingday of the 30-day rolling average for the boiler must be determined by adding together the pounds of NOX from that day and the preceding 29 boileroperating-days and dividing the total pounds of NOX by the sum of the total number of hours during the same 30 boiler-operating-day period. The result E:\FR\FM\27SER1.SGM 27SER1 jbell on DSK3GLQ082PROD with RULES 51060 Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Rules and Regulations shall be the 30 boiler-operating-day rolling average in terms of lb/hr emissions of NOX. Records of the 30 boiler-operating-day rolling average for NOX must be maintained by the owner or operator for each boiler-operating-day and made available upon request to EPA and ADEQ representatives. Under these circumstances, the compliance determination requirements and the reporting and recordkeeping requirements under paragraph (c)(5)(iii) of this section would not apply. * * * * * (7) SO2 and NOX Compliance dates for Domtar Ashdown Mill Power Boiler No. 2. The owner or operator of the boiler must comply with the SO2 and NOX emission limits listed in paragraph (c)(6) of this section by October 27, 2021. (8) SO2 and NOX Compliance determination and reporting and recordkeeping requirements for Domtar Ashdown Mill Power Boiler No. 2. (i) NOX and SO2 emissions for each day shall be determined by summing the hourly emissions measured in pounds of NOX or pounds of SO2. Each boileroperating-day of the 30-day rolling average for the boiler shall be determined by adding together the pounds of NOX or SO2 from that day and the preceding 29 boiler-operatingdays and dividing the total pounds of NOX or SO2 by the sum of the total number of hours during the same 30 boiler-operating-day period. The result shall be the 30 boiler-operating-day rolling average in terms of lb/hr emissions of NOX or SO2. If a valid NOX pounds per hour or SO2 pounds per hour is not available for any hour for the boiler, that NOX pounds per hour shall not be used in the calculation of the 30 boiler-operating-day rolling average for NOX. For each day, records of the total SO2 and NOX emitted for that day by the boiler must be maintained by the owner or operator and made available upon request to EPA and ADEQ representatives. Records of the 30 boiler-operating-day rolling average for SO2 and NOX for the boiler as described in this paragraph (c)(8)(i) must be maintained by the owner or operator for each boiler-operating-day and made available upon request to EPA and ADEQ representatives. (ii) The owner or operator shall continue to maintain and operate a CEMS for SO2 and NOX on the boiler listed in paragraph (c)(6) of this section in accordance with 40 CFR 60.8 and 60.13(e), (f), and (h), and appendix B of 40 CFR part 60. The owner or operator shall comply with the quality assurance procedures for CEMS found in 40 CFR VerDate Sep<11>2014 16:06 Sep 26, 2019 Jkt 247001 part 60. Compliance with the emission limits for SO2 and NOX shall be determined by using data from a CEMS. (iii) Continuous emissions monitoring shall apply during all periods of operation of the boiler listed in paragraph (c)(6) of this section, including periods of startup, shutdown, and malfunction, except for CEMS breakdowns, repairs, calibration checks, and zero and span adjustments. Continuous monitoring systems for measuring SO2 and NOX and diluent gas shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15minute period. Hourly averages shall be computed using at least one data point in each fifteen-minute quadrant of an hour. Notwithstanding this requirement, an hourly average may be computed from at least two data points separated by a minimum of 15 minutes (where the unit operates for more than one quadrant in an hour) if data are unavailable as a result of performance of calibration, quality assurance, preventive maintenance activities, or backups of data from data acquisition and handling system, and recertification events. When valid SO2 or NOX pounds per hour emission data are not obtained because of continuous monitoring system breakdowns, repairs, calibration checks, or zero and span adjustments, emission data must be obtained by using other monitoring systems approved by the EPA to provide emission data for a minimum of 18 hours in each 24-hour period and at least 22 out of 30 successive boiler operating days. (iv) If the air permit is revised such that Power Boiler No. 2 is permitted to burn only pipeline quality natural gas, this is sufficient to demonstrate that the boiler is complying with the SO2 emission limit under paragraph (c)(6) of this section. Under these circumstances, the compliance determination requirements under paragraphs (c)(8)(i) through (iii) of this section would not apply to the SO2 emission limit listed in paragraph (c)(6) of this section. (v) If the air permit is revised such that Power Boiler No. 2 is permitted to burn only pipeline quality natural gas and the operation of the CEMS is not required under other applicable requirements, the owner or operator may demonstrate compliance with the NOX emission limit under paragraph (c)(6) of this section by calculating NOX emissions using fuel usage records and the applicable NOX emission factor under AP–42, Compilation of Air Pollutant Emission Factors, section 1.4, Table 1.4–1. Records of the quantity of natural gas input to the boiler for each day must be compiled no later than 15 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 days after the end of the month and must be maintained by the owner or operator and made available upon request to EPA and ADEQ representatives. Records of the calculation of NOX emissions for each day must be compiled no later than 15 days after the end of the month and must be maintained and made available upon request to EPA and ADEQ representatives. Each boiler-operatingday of the 30-day rolling average for the boiler must be determined by adding together the pounds of NOX from that day and the preceding 29 boileroperating-days and dividing the total pounds of NOX by the sum of the total number of hours during the same 30 boiler-operating-day period. The result shall be the 30 boiler-operating-day rolling average in terms of lb/hr emissions of NOX. Records of the 30 boiler-operating-day rolling average for NOX must be maintained by the owner or operator for each boiler-operating-day and made available upon request to EPA and ADEQ representatives. Under these circumstances, the compliance determination requirements under paragraphs (c)(8)(i) through (iii) of this section would not apply to the NOX emission limit. * * * * * (10) PM compliance dates for Domtar Ashdown Mill Power Boiler No. 2. The owner or operator of the boiler must comply with the PM BART requirement listed in paragraph (c)(9) of this section by November 28, 2016. (11) Alternative PM Compliance Determination for Domtar Ashdown Paper Mill Power Boiler No. 2. If the air permit is revised such that Power Boiler No. 2 is permitted to burn only pipeline quality natural gas, this is sufficient to demonstrate that the boiler is complying with the PM BART requirement under paragraph (c)(9) of this section. * * * * * [FR Doc. 2019–19877 Filed 9–26–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2017–0651; FRL–9996–66] 2-Phenoxyethanol; Exemption From the Requirement of a Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes an exemption from the requirement of a tolerance for residues of 2- SUMMARY: E:\FR\FM\27SER1.SGM 27SER1

Agencies

[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Rules and Regulations]
[Pages 51056-51060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19877]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0189; FRL-9997-88-Region 6]


Promulgation of Air Quality Implementation Plans; State of 
Arkansas; Regional Haze Federal Implementation Plan Revisions; 
Withdrawal of Portions of the Federal Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is amending a 
Federal Implementation Plan (FIP) that addresses regional haze for the 
first planning period for Arkansas as it applies to the best available 
retrofit technology (BART) requirements for sulfur dioxide 
(SO2) and particulate matter (PM) for seven electric 
generating units (EGUs) in Arkansas and the SO2 requirements 
under the reasonable progress provisions. These portions of the FIP 
will be replaced by the portions of a revision to the Arkansas State 
Implementation Plan (SIP) that we are taking final action to approve in 
a separate rulemaking that is published elsewhere in this issue of the 
Federal Register.

DATES: This final rule is effective October 28, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R06-OAR-2015-0189. All documents in the dockets are 
listed on the https://www.regulations.gov website. 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 Region 6, 1201 Elm Street, Suite 500, Dallas, 
Texas 75270-2102.

FOR FURTHER INFORMATION CONTACT: Dayana Medina, (214) 665-7241; 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What is the background for this action?
II. What Final action is EPA taking?
III. Responses to Comments Received
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Arkansas submitted a SIP revision on September 9, 2008, to address 
the requirements of the first regional haze implementation period. On 
August 3, 2010, Arkansas submitted a SIP revision with mostly non-
substantive revisions to Arkansas Pollution Control and Ecology 
Commission (APCEC) Regulation 19, Chapter 15.\1\ On September 27, 2011, 
the State submitted supplemental information to clarify several aspects 
of the September 9, 2008 submittal. We are hereafter referring to these 
regional haze submittals collectively as the ``2008 Arkansas Regional 
Haze SIP.'' On March 12, 2012, we partially approved and partially 
disapproved the 2008 Arkansas Regional Haze SIP.\2\ On September 27, 
2016, in accordance with Section 110(c)(1) of the CAA, we promulgated a 
FIP (the Arkansas Regional Haze FIP) addressing the disapproved 
portions of

[[Page 51057]]

the 2008 Arkansas Regional Haze SIP.\3\ Among other things, the FIP 
established SO2, nitrogen oxide (NOX), and PM 
emission limits under the BART requirements for nine units at six 
facilities: Arkansas Electric Cooperative Corporation (AECC) Bailey 
Plant Unit 1; AECC McClellan Plant Unit 1; the American Electric Power/
Southwestern Electric Power Company (AEP/SWEPCO) Flint Creek Plant 
Boiler No. 1; Entergy Arkansas, Inc. (Entergy) Lake Catherine Plant 
Unit 4; Entergy White Bluff Plant Units 1 and 2; Entergy White Bluff 
Auxiliary Boiler; and the Domtar Ashdown Mill Power Boilers No. 1 and 
2. The FIP also established SO2 and NOX emission 
limits under the reasonable progress requirements for Entergy 
Independence Units 1 and 2.
---------------------------------------------------------------------------

    \1\ The September 9, 2008 SIP submittal included APCEC 
Regulation 19, Chapter 15, which is the state regulation that 
identified the BART-eligible and subject-to-BART sources in Arkansas 
and established BART emission limits for subject-to-BART sources. 
The August 3, 2010 SIP revision did not revise Arkansas' list of 
BART-eligible and subject-to-BART sources or revise any of the BART 
requirements for affected sources. Instead, it included mostly non-
substantive revisions to the state regulation.
    \2\ 77 FR 14604.
    \3\ 81 FR 66332; see also 81 FR 68319 (October 4, 2016) 
(correction).
---------------------------------------------------------------------------

    Following the issuance of the Arkansas Regional Haze FIP, the State 
of Arkansas and several industry parties filed petitions for 
reconsideration and a motion for an administrative stay of the final 
rule.\4\ On April 14, 2017, we announced our decision to reconsider 
several elements of the FIP, as follows: appropriate compliance dates 
for the NOX emission limits for Flint Creek Boiler No. 1, 
White Bluff Units 1 and 2, and Independence Units 1 and 2; the low-load 
NOX emission limits applicable to White Bluff Units 1 and 2 
and Independence Units 1 and 2 during periods of operation at less than 
50 percent of the units' maximum heat input rating; the SO2 
emission limits for White Bluff Units 1 and 2; and the compliance dates 
for the SO2 emission limits for Independence Units 1 and 
2.\5\
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    \4\ See the docket associated with this proposed rulemaking for 
a copy of the petitions for reconsideration and administrative stay 
submitted by the State of Arkansas; Entergy Arkansas Inc., Entergy 
Mississippi Inc., and Entergy Power LLC (collectively ``Entergy''); 
AECC; and the Energy and Environmental Alliance of Arkansas (EEAA).
    \5\ Letter from E. Scott Pruitt, Administrator, EPA, to Nicholas 
Jacob Bronni and Jamie Leigh Ewing, Arkansas Attorney General's 
Office (April 14, 2017). A copy of this letter is included in the 
docket, https://www.regulations.gov/document?D=EPA-R06-OAR-2015-0189-0240.
---------------------------------------------------------------------------

    EPA also published a notice in the Federal Register on April 25, 
2017, which administratively stayed the effectiveness of the 
NOX compliance dates in the FIP for the Flint Creek, White 
Bluff, and Independence units, as well as the compliance dates for the 
SO2 emission limits for the White Bluff and Independence 
units for a period of 90 days.\6\ On July 13, 2017, the EPA published a 
notice proposing to extend the NOX compliance dates for 
Flint Creek Boiler No. 1, White Bluff Units 1 and 2, and Independence 
Units 1 and 2, by 21 months, to January 27, 2020.\7\ However, EPA did 
not take final action on the July 13, 2017 proposed rule because on 
July 12, 2017, Arkansas submitted a proposed SIP revision with a 
request for parallel processing (Arkansas Regional Haze NOX 
SIP revision or Arkansas NOX SIP revision). The State's 
proposed revision addressed the NOX BART requirements for 
Bailey Unit 1, McClellan Unit 1, Flint Creek Boiler No. 1, Lake 
Catherine Unit 4, White Bluff Units 1 and 2, and White Bluff Auxiliary 
Boiler, as well as the reasonable progress requirements with respect to 
NOX. We processed this proposed SIP revision in parallel 
with the state's SIP approval process and, in a proposed rule published 
in the Federal Register on September 11, 2017, we proposed approval of 
the Arkansas Regional Haze NOX SIP revision and withdrawal 
of the corresponding parts of the Arkansas Regional Haze FIP.\8\ On 
October 31, 2017, we received ADEQ's final Regional Haze NOX 
SIP revision addressing NOX BART for EGUs and the reasonable 
progress requirements with respect to NOX for the first 
implementation period. On February 12, 2018, we finalized our approval 
of the Arkansas Regional Haze NOX SIP revision and our 
withdrawal of the corresponding parts of the FIP.\9\
---------------------------------------------------------------------------

    \6\ 82 FR 18994.
    \7\ 82 FR 32284.
    \8\ 82 FR 42627.
    \9\ 83 FR 5927 and 83 FR 5915 (February 12, 2018).
---------------------------------------------------------------------------

    On August 8, 2018, Arkansas submitted another SIP revision 
(Arkansas Regional Haze SO2 and PM SIP revision or Phase II 
SIP revision) addressing all remaining disapproved parts of the 2008 
Regional Haze SIP, with the exception of the BART and associated long-
term strategy requirements for the Domtar Ashdown Mill Power Boilers 
No. 1 and 2. The Phase II SIP revision also included a discussion on 
Arkansas' interstate visibility transport requirements. In a proposed 
rule published in the Federal Register on November 30, 2018, we 
proposed approval of a portion of the SIP revision and we also proposed 
to withdraw the parts of the FIP corresponding to our proposed 
approvals.\10\ We stated in our proposed rule that we intended to 
propose action on the portion of the SIP revision discussing the 
interstate visibility transport requirements in a future proposed 
rulemaking. Since we proposed to withdraw certain portions of the FIP, 
we also proposed to revise the numbering of certain paragraphs under 
section 40 CFR 52.173 of the FIP. In a final action being published 
separately in today's Federal Register, we are taking final action to 
approve the Arkansas Regional Haze SO2 and PM SIP revision.
---------------------------------------------------------------------------

    \10\ 83 FR 62204 (November 30, 2018).
---------------------------------------------------------------------------

    The background for this final rule and the separate final action 
also being published today that approves the Arkansas Regional Haze 
SO2 and PM SIP revision is also discussed in detail in our 
November 30, 2018 proposal.\11\ The comment period was open for 30 
days, and we received comments from four commenters in response to our 
proposed action.
---------------------------------------------------------------------------

    \11\ 83 FR 62204.
---------------------------------------------------------------------------

II. What final action is EPA taking?

    We are withdrawing the majority of the Arkansas Regional Haze FIP 
that we promulgated on September 27, 2016. Specifically, we are 
withdrawing the following components of the FIP at 40 CFR 52.173: The 
SO2 and PM BART emission limits for Bailey Unit 1; the 
SO2 and PM BART emission limits for McClellan Unit 1; the 
SO2 BART emission limit for Flint Creek Boiler No. 1; the 
SO2 BART emission limits for White Bluff Units 1 and 2; the 
SO2 and PM BART emission limits for the White Bluff 
Auxiliary Boiler; the prohibition on burning fuel oil at Lake Catherine 
Unit 4; and the SO2 emission limits for Independence Units 1 
and 2 under the reasonable progress provisions. Therefore, we are 
removing these SO2 and PM emission limitations and 
associated requirements for Arkansas EGUs from 40 CFR 52.173(c), and as 
of the effective date of this final rule they will no longer apply to 
the nine aforementioned units. Since we are withdrawing certain 
portions of the FIP, we are also revising the numbering of certain 
paragraphs under section 40 CFR 52.173 of the FIP. Our renumbering of 
these paragraphs is non-substantive in nature. The provisions of the 
Arkansas Regional Haze FIP addressing the Domtar Ashdown Mill are 
unaffected by this action and the Domtar Ashdown Mill is the only 
remaining facility subject to the FIP.
    As explained in our November 30, 2018 proposal,\12\ this action is 
based on our separate action being published in today's Federal 
Register to approve the Arkansas Regional Haze SO2 and PM 
SIP revision submitted to us on August 8, 2018. In that separate 
action, EPA is making the determination that the Arkansas Regional Haze 
SO2 and PM SIP revision is approvable because the plan's 
provisions meet the applicable requirements of the CAA and EPA 
implementing regulations. EPA is

[[Page 51058]]

finalizing this action under section 110 and part C of the Act.
---------------------------------------------------------------------------

    \12\ 83 FR 62204.
---------------------------------------------------------------------------

III. Responses to Comments Received

    We received several comment letters concerning our proposed action, 
which included both our proposed approval of the portions of the Phase 
II SIP revision listed in the previous section and proposed withdrawal 
of the FIP provisions addressing the requirements for which we were 
proposing SIP approval. EPA did not receive any comments specifically 
on withdrawal of the FIP provisions; rather, the comments addressed 
EPA's proposed approval of the SIP provisions that would replace the 
FIP. Therefore, we have responded to all relevant comments in response 
to our proposed action in a separate, final notice published elsewhere 
in this issue of the Federal Register that approves the Arkansas 
Regional Haze SO2 and PM SIP revision and/or in a separate 
document titled the ``Arkansas Regional Haze Phase II SIP Revision 
Response to Comments,'' which can be found in the docket associated 
with this final rulemaking.\13\ Copies of the comments are also 
available in the docket for this rulemaking.
---------------------------------------------------------------------------

    \13\ Please see Docket No. EPA-R06-OAR-2015-0189 in the 
regulations.gov website.
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www2.epa.gov/lawsregulations/laws-and-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. This final rule revises a FIP to withdraw source-specific 
SO2 and PM emission limits for only six individually 
identified facilities in Arkansas and is therefore not a rule of 
general applicability.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA. Burden is defined at 5 CFR 1320.3(b). This 
final rule revises a FIP to withdraw source-specific SO2 and 
PM emission limits for six individually identified facilities in 
Arkansas.

D. Regulatory Flexibility Act (RFA)

    I certify that this final action will not have a significant 
economic impact on a substantial number of small entities under the 
RFA. This final action will not impose any requirements on small 
entities. This final action revises a FIP to withdraw source-specific 
SO2 and PM emission limits that apply to six individually 
identified power plants in Arkansas.

E. 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 does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

F. 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.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because this partial FIP withdrawal does not 
apply on any Indian reservation land or in any other area where the EPA 
or an Indian tribe has demonstrated that a tribe has jurisdiction, and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law. This final action revises a FIP to withdraw source-
specific SO2 and PM emission limits that apply to six 
individually identified power plants in Arkansas. There are no Indian 
reservation lands in Arkansas. Thus, Executive Order 13175 does not 
apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

I. Executive Order 13211: Actions 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.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potentially disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations.

L. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), this action is subject to the 
requirements of CAA section 307(d), as it revises a FIP under CAA 
section 110(c).

M. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicably. EPA is not required to submit a rule report regarding this 
action under section 801 because this is a rule of particular 
applicability that only affects six individually identified facilities 
in Arkansas.

N. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 26, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

[[Page 51059]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Best available 
retrofit technology, Incorporation by reference, Intergovernmental 
relations, Ozone, Particulate Matter, Regional haze, Reporting and 
recordkeeping requirements, Sulfur Dioxide, Visibility.

    Dated: September 9, 2019.
Andrew R. Wheeler,
Administrator.

    Title 40, chapter I, of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart E--Arkansas

0
2. Section 52.173 is amended:
0
a. By revising paragraphs (c) introductory text and (c)(1);
0
b. In paragraph (c)(2), by revising the definition of ``Boiler-
operating-day'';
0
c. By removing paragraphs (c)(3) through (12) and (22) through (24);
0
d. By redesignating paragraphs (c)(13) through (21) as paragraphs 
(c)(3) through (11) and paragraphs (c)(25) through (27) as paragraphs 
(c)(12) through (14); and
0
f. By revising newly redesignated paragraphs (c)(4), (5), (7), (8), 
(10), and (11).
    The revisions read as follows:


Sec.  52.173  Visibility protection.

* * * * *
    (c) Federal implementation plan for regional haze. Requirements for 
Domtar Ashdown Paper Mill Power Boilers No. 1 and 2 affecting 
visibility.
    (1) Applicability. The provisions of this section shall apply to 
each owner or operator, or successive owners or operators of the 
sources designated as Domtar Ashdown Paper Mill Power Boilers No. 1 and 
2.
    (2) * * *
    Boiler-operating-day means a 24-hr period between 6 a.m. and 6 a.m. 
the following day during which any fuel is fed into and/or combusted at 
any time in the power boiler.
* * * * *
    (4) Compliance dates for Domtar Ashdown Mill Power Boiler No. 1. 
The owner or operator of the boiler must comply with the SO2 
and NOX emission limits listed in paragraph (c)(3) of this 
section by November 28, 2016.
    (5) Compliance determination and reporting and recordkeeping 
requirements for Domtar Ashdown Paper Mill Power Boiler No. 1. (i)(A) 
SO2 emissions resulting from combustion of fuel oil shall be 
determined by assuming that the SO2 content of the fuel 
delivered to the fuel inlet of the combustion chamber is equal to the 
SO2 being emitted at the stack. The owner or operator must 
maintain records of the sulfur content by weight of each fuel oil 
shipment, where a ``shipment'' is considered delivery of the entire 
amount of each order of fuel purchased. Fuel sampling and analysis may 
be performed by the owner or operator, an outside laboratory, or a fuel 
supplier. All records pertaining to the sampling of each shipment of 
fuel oil, including the results of the sulfur content analysis, must be 
maintained by the owner or operator and made available upon request to 
EPA and ADEQ representatives. SO2 emissions resulting from 
combustion of bark shall be determined by using the following site-
specific curve equation, which accounts for the SO2 
scrubbing capabilities of bark combustion:

Y= 0.4005 * X--0.2645

Where:
Y= pounds of sulfur emitted per ton of dry fuel feed to the boiler.
X= pounds of sulfur input per ton of dry bark.

    (B) The owner or operator must confirm the site-specific curve 
equation through stack testing. By October 27, 2017, the owner or 
operator must provide a report to EPA showing confirmation of the site 
specific-curve equation accuracy. Records of the quantity of fuel input 
to the boiler for each fuel type for each day must be compiled no later 
than 15 days after the end of the month and must be maintained by the 
owner or operator and made available upon request to EPA and ADEQ 
representatives. Each boiler-operating-day of the 30-day rolling 
average for the boiler must be determined by adding together the pounds 
of SO2 from that boiler-operating-day and the preceding 29 
boiler-operating-days and dividing the total pounds of SO2 
by the sum of the total number of boiler operating days (i.e., 30). The 
result shall be the 30 boiler-operating-day rolling average in terms of 
lb/day emissions of SO2. Records of the total SO2 
emitted for each day must be compiled no later than 15 days after the 
end of the month and must be maintained by the owner or operator and 
made available upon request to EPA and ADEQ representatives. Records of 
the 30 boiler-operating-day rolling averages for SO2 as 
described in this paragraph (c)(5)(i) must be maintained by the owner 
or operator for each boiler-operating-day and made available upon 
request to EPA and ADEQ representatives.
    (ii) If the air permit is revised such that Power Boiler No. 1 is 
permitted to burn only pipeline quality natural gas, this is sufficient 
to demonstrate that the boiler is complying with the SO2 
emission limit under paragraph (c)(3) of this section. The compliance 
determination requirements and the reporting and recordkeeping 
requirements under paragraph (c)(5)(i) of this section would not apply 
and confirmation of the accuracy of the site-specific curve equation 
under paragraph (c)(5)(i)(B) of this section through stack testing 
would not be required so long as Power Boiler No. 1 is only permitted 
to burn pipeline quality natural gas.
    (iii) To demonstrate compliance with the NOX emission 
limit under paragraph (c)(3) of this section, the owner or operator 
shall conduct stack testing using EPA Reference Method 7E, found at 40 
CFR part 60, appendix A, once every 5 years, beginning 1 year from the 
effective date of our final rule, which corresponds to October 27, 
2017. Records and reports pertaining to the stack testing must be 
maintained by the owner or operator and made available upon request to 
EPA and ADEQ representatives.
    (iv) If the air permit is revised such that Power Boiler No. 1 is 
permitted to burn only pipeline quality natural gas, the owner or 
operator may demonstrate compliance with the NOX emission 
limit under paragraph (c)(3) of this section by calculating 
NOX emissions using fuel usage records and the applicable 
NOX emission factor under AP-42, Compilation of Air 
Pollutant Emission Factors, section 1.4, Table 1.4-1. Records of the 
quantity of natural gas input to the boiler for each day must be 
compiled no later than 15 days after the end of the month and must be 
maintained by the owner or operator and made available upon request to 
EPA and ADEQ representatives. Records of the calculation of 
NOX emissions for each day must be compiled no later than 15 
days after the end of the month and must be maintained by the owner or 
operator and made available upon request to EPA and ADEQ 
representatives. Each boiler-operating-day of the 30-day rolling 
average for the boiler must be determined by adding together the pounds 
of NOX from that day and the preceding 29 boiler-operating-
days and dividing the total pounds of NOX by the sum of the 
total number of hours during the same 30 boiler-operating-day period. 
The result

[[Page 51060]]

shall be the 30 boiler-operating-day rolling average in terms of lb/hr 
emissions of NOX. Records of the 30 boiler-operating-day 
rolling average for NOX must be maintained by the owner or 
operator for each boiler-operating-day and made available upon request 
to EPA and ADEQ representatives. Under these circumstances, the 
compliance determination requirements and the reporting and 
recordkeeping requirements under paragraph (c)(5)(iii) of this section 
would not apply.
* * * * *
    (7) SO2 and NOX Compliance dates for Domtar Ashdown Mill Power 
Boiler No. 2. The owner or operator of the boiler must comply with the 
SO2 and NOX emission limits listed in paragraph 
(c)(6) of this section by October 27, 2021.
    (8) SO2 and NOX Compliance determination and reporting and 
recordkeeping requirements for Domtar Ashdown Mill Power Boiler No. 2. 
(i) NOX and SO2 emissions for each day shall be 
determined by summing the hourly emissions measured in pounds of 
NOX or pounds of SO2. Each boiler-operating-day 
of the 30-day rolling average for the boiler shall be determined by 
adding together the pounds of NOX or SO2 from 
that day and the preceding 29 boiler-operating-days and dividing the 
total pounds of NOX or SO2 by the sum of the 
total number of hours during the same 30 boiler-operating-day period. 
The result shall be the 30 boiler-operating-day rolling average in 
terms of lb/hr emissions of NOX or SO2. If a 
valid NOX pounds per hour or SO2 pounds per hour 
is not available for any hour for the boiler, that NOX 
pounds per hour shall not be used in the calculation of the 30 boiler-
operating-day rolling average for NOX. For each day, records 
of the total SO2 and NOX emitted for that day by 
the boiler must be maintained by the owner or operator and made 
available upon request to EPA and ADEQ representatives. Records of the 
30 boiler-operating-day rolling average for SO2 and 
NOX for the boiler as described in this paragraph (c)(8)(i) 
must be maintained by the owner or operator for each boiler-operating-
day and made available upon request to EPA and ADEQ representatives.
    (ii) The owner or operator shall continue to maintain and operate a 
CEMS for SO2 and NOX on the boiler listed in 
paragraph (c)(6) of this section in accordance with 40 CFR 60.8 and 
60.13(e), (f), and (h), and appendix B of 40 CFR part 60. The owner or 
operator shall comply with the quality assurance procedures for CEMS 
found in 40 CFR part 60. Compliance with the emission limits for 
SO2 and NOX shall be determined by using data 
from a CEMS.
    (iii) Continuous emissions monitoring shall apply during all 
periods of operation of the boiler listed in paragraph (c)(6) of this 
section, including periods of startup, shutdown, and malfunction, 
except for CEMS breakdowns, repairs, calibration checks, and zero and 
span adjustments. Continuous monitoring systems for measuring 
SO2 and NOX and diluent gas shall complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period. Hourly averages shall 
be computed using at least one data point in each fifteen-minute 
quadrant of an hour. Notwithstanding this requirement, an hourly 
average may be computed from at least two data points separated by a 
minimum of 15 minutes (where the unit operates for more than one 
quadrant in an hour) if data are unavailable as a result of performance 
of calibration, quality assurance, preventive maintenance activities, 
or backups of data from data acquisition and handling system, and 
recertification events. When valid SO2 or NOX 
pounds per hour emission data are not obtained because of continuous 
monitoring system breakdowns, repairs, calibration checks, or zero and 
span adjustments, emission data must be obtained by using other 
monitoring systems approved by the EPA to provide emission data for a 
minimum of 18 hours in each 24-hour period and at least 22 out of 30 
successive boiler operating days.
    (iv) If the air permit is revised such that Power Boiler No. 2 is 
permitted to burn only pipeline quality natural gas, this is sufficient 
to demonstrate that the boiler is complying with the SO2 
emission limit under paragraph (c)(6) of this section. Under these 
circumstances, the compliance determination requirements under 
paragraphs (c)(8)(i) through (iii) of this section would not apply to 
the SO2 emission limit listed in paragraph (c)(6) of this 
section.
    (v) If the air permit is revised such that Power Boiler No. 2 is 
permitted to burn only pipeline quality natural gas and the operation 
of the CEMS is not required under other applicable requirements, the 
owner or operator may demonstrate compliance with the NOX 
emission limit under paragraph (c)(6) of this section by calculating 
NOX emissions using fuel usage records and the applicable 
NOX emission factor under AP-42, Compilation of Air 
Pollutant Emission Factors, section 1.4, Table 1.4-1. Records of the 
quantity of natural gas input to the boiler for each day must be 
compiled no later than 15 days after the end of the month and must be 
maintained by the owner or operator and made available upon request to 
EPA and ADEQ representatives. Records of the calculation of 
NOX emissions for each day must be compiled no later than 15 
days after the end of the month and must be maintained and made 
available upon request to EPA and ADEQ representatives. Each boiler-
operating-day of the 30-day rolling average for the boiler must be 
determined by adding together the pounds of NOX from that 
day and the preceding 29 boiler-operating-days and dividing the total 
pounds of NOX by the sum of the total number of hours during 
the same 30 boiler-operating-day period. The result shall be the 30 
boiler-operating-day rolling average in terms of lb/hr emissions of 
NOX. Records of the 30 boiler-operating-day rolling average 
for NOX must be maintained by the owner or operator for each 
boiler-operating-day and made available upon request to EPA and ADEQ 
representatives. Under these circumstances, the compliance 
determination requirements under paragraphs (c)(8)(i) through (iii) of 
this section would not apply to the NOX emission limit.
* * * * *
    (10) PM compliance dates for Domtar Ashdown Mill Power Boiler No. 
2. The owner or operator of the boiler must comply with the PM BART 
requirement listed in paragraph (c)(9) of this section by November 28, 
2016.
    (11) Alternative PM Compliance Determination for Domtar Ashdown 
Paper Mill Power Boiler No. 2. If the air permit is revised such that 
Power Boiler No. 2 is permitted to burn only pipeline quality natural 
gas, this is sufficient to demonstrate that the boiler is complying 
with the PM BART requirement under paragraph (c)(9) of this section.
* * * * *
[FR Doc. 2019-19877 Filed 9-26-19; 8:45 am]
 BILLING CODE 6560-50-P
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