[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Rules and Regulations]
[Pages 3517-3524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1008]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2005-0031; FRL-9255-1]
RIN 2060-AQ46
Standards of Performance for Fossil-Fuel-Fired, Electric Utility,
Industrial-Commercial-Institutional, and Small Industrial-Commercial-
Institutional Steam Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to amend the new source
performance standards for electric utility steam generating units and
industrial-commercial-institutional steam generating units. This action
amends the testing requirements for owners/operators of steam
generating units that elect to install particulate matter continuous
emission monitoring systems. It also amends the opacity monitoring
requirements for owners/operators of affected facilities subject to an
opacity standard that are exempt from the requirement to install a
continuous opacity monitoring system. In addition, this action corrects
several editorial errors identified from previous rulemakings.
DATES: This final rule is effective on March 21, 2011 without further
notice, unless EPA receives adverse comment by February 22, 2011. If
EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that some or all of the
amendments to the affected subparts will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0031, by one of the following methods:
http://www.regulations.gov: Follow the instructions for
submitting comments.
E-mail: [email protected], or
[email protected].
Fax: (202) 566-9744.
Mail: EPA Docket Center (EPA/DC), Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of two copies.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue,
NW., Washington, DC 20004. Such deliveries are accepted only during the
Docket's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays), and special arrangements
should be made for deliveries of boxed information. Please include a
total of two copies.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0031. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment.
[[Page 3518]]
If you send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Christian Fellner, Energy
Strategies Group, Sector Policies and Programs Division (D243-01), U.S.
EPA, Research Triangle Park, NC 27711, telephone number (919) 541-4003,
Fax number (919) 541-5450, electronic mail (e-mail) address:
[email protected].
SUPPLEMENTARY INFORMATION:
The information presented in this preamble is organized as follows:
I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. Why are we amending the rule?
V. What amendments are we making to the rule?
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Why is EPA using a direct final rule?
We are publishing this rule without a prior proposed rule because
we view this as a non-controversial action and anticipate no adverse
comment. As explained in section IV, this action amends the testing
requirements for owners/operators of steam generating units that elect
to install particulate matter continuous emission monitoring systems
(PM CEMS). This action also amends the opacity monitoring requirements
for owners/operators of affected facilities subject to an opacity
standard that are exempt from the requirement to install a continuous
opacity monitoring system (COMS). In addition, this action corrects
several editorial errors identified from previous rulemakings. These
amendments do not change the technical standards for owners/operators
of affected facilities nor result in the imposition of any costs beyond
those included in the final rule. Other issues raised by petitioners
for reconsideration of the January 28, 2009, rulemaking will be
addressed in a future rule proposal to provide opportunity for public
comment on any additional revisions to subparts D, Da, Db, or Dc of 40
CFR part 60.
Because this is an amendment of regulatory language through a rule
action, a rule redline has been created of the current rule with the
amendments. The redline document is in the docket to aid the public to
read and comment on the specific changes to the regulatory text, which
will be promulgated by this direct final action.
However, in the ``Proposed Rules'' section of this Federal
Register, we are publishing a separate document that will serve as the
proposed rule for amending the regulatory text in the new source
performance standards (NSPS) for electric utility steam generating
units and industrial-commercial-institutional steam generating units if
adverse comments are received on this direct final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
If we receive adverse comment on this direct final rule, we will
publish a timely withdrawal in the Federal Register informing the
public that the amendments in this rule will not take effect. We would
address all public comments in any subsequent final rule based on the
proposed rule.
II. Does this action apply to me?
The regulated categories and entities potentially affected by this
direct final rule include, but are not limited to, the following:
----------------------------------------------------------------------------------------------------------------
Category NAICS \1\ Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry................................... 221112 Fossil fuel-fired electric utility steam
generating units.
Federal Government......................... 22112 Fossil fuel-fired electric utility steam
generating units owned by the Federal
Government.
State/local/tribal government.............. 22112 Fossil fuel-fired electric utility steam
generating units owned by municipalities.
921150 Fossil fuel-fired electric utility steam
generating units located in Indian Country.
Any industrial, commercial, or 211 Extractors of crude petroleum and natural
institutional facility using a steam gas.
generating unit as defined in 60.40b or
60.40c.
321 Manufacturers of lumber and wood products.
322 Pulp and paper mills.
325 Chemical manufacturers.
324 Petroleum refiners and manufacturers of coal
products.
316, 326, 339 Manufacturers of rubber and miscellaneous
plastic products.
331 Steel works, blast furnaces.
[[Page 3519]]
332 Electroplating, plating, polishing,
anodizing, and coloring.
336 Manufacturers of motor vehicle parts and
accessories.
221 Electric, gas, and sanitary services.
622 Health services.
611 Educational Services.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS) code.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
final rule. To determine whether your facility is regulated by this
final rule, you should examine the applicability criteria in Sec.
60.40, Sec. 60.40Da, Sec. 60.40b, or Sec. 60.40c of 40 CFR part 60.
If you have any questions regarding the applicability of this final
rule to a particular entity, contact the person listed in the preceding
FOR FURTHER INFORMATION CONTACT section.
III. Where can I get a copy of this document?
In addition to the docket, an electronic copy of this final action
will be available on the Worldwide Web (WWW) through the Technology
Transfer Network (TTN). Following signature, a copy of this final
action will be posted on the TTN's policy and guidance page for newly
proposed or promulgated rules at the following address: http://www.epa.gov/ttn/oarpg/. The TTN provides information and technology
exchange in various areas of air pollution control.
IV. Why are we amending the rule?
EPA published a final rule in the Federal Register on January 28,
2009 (74 FR 5072), that amended 40 CFR part 60, subparts D, Da, Db, and
Dc to add compliance, recordkeeping, and reporting requirements for
owners/operators of certain affected facilities. After promulgation,
EPA received a petition for reconsideration of certain provisions of
the amended rule from the Utility Air Regulatory Group (UARG). UARG
also filed a petition for review with the United States Court of
Appeals for the District of Columbia Circuit. EPA granted UARG's
petition for reconsideration and intends to address the issues raised
in the petition through a subsequent rulemaking. This direct final
action addresses two specific issues raised by UARG. First, UARG
asserts that the condensable PM testing requirements for owners/
operators of subpart Da affected facilities that elect to install PM
CEMS to determine compliance with an applicable filterable PM standard
are technically problematic in a number of respects and are not
necessary in light of other actions taken by EPA subsequent to the
promulgation of the January 2009 amendments. Second, UARG asserts that
there is confusion regarding the implementation of the amended opacity
monitoring provisions requiring owners/operators of affected subpart D
facilities that are subject to an opacity standard, but do not use a
COMS to measure opacity, to perform periodic visible emissions
performance testing using EPA Method 9. This direct final rule amends
specific provisions in subparts D and Da to address these issues. (The
direct final rule also amends parallel provisions in subparts Db and Dc
requiring owners/operators of affected facilities that are subject to
an opacity standard, but do not use a COMS to measure opacity, to
perform periodic visible emissions performance testing using EPA Method
9.) None of these changes will affect EPA's ability to implement and
enforce the emission standards as EPA intended. The rationale for the
amendments made by this direct final rulemaking follows.
For the reasons discussed below, this direct final rule eliminates
the condensable PM testing requirement added by the January 2009
rulemaking. The January 2009 rulemaking added a condition to subparts
D, Da, Db, and Dc that requires owners/operators electing to use a PM
CEMS, in lieu of a COMS, to conduct performance tests for condensable
PM emissions during the correlation testing runs of the PM CEMS
required by Performance Specification 11. The existing subparts D, Da,
Db, and Dc do not include specific emissions standards for condensable
PM. The inclusion of this requirement in the January 2009 amendments
was an initial attempt by EPA to begin collecting data on the
condensable PM component of total PM. As EPA explained in the preamble
to the January 2009 final rule, EPA intended to use the data collected
to determine if the condensable PM emissions from steam generating
units have significant health and/or environmental impacts, and whether
condensable PM should be included in future amendments to the PM
standards under subparts Da, Db, and Dc (74 FR 5074, January 28, 2009).
Subsequent to the January 2009 rulemaking, EPA distributed to
existing facilities operating electric utility steam generating units a
comprehensive information collection request (ICR) to collect data to
support various rule development directives. This ICR included a
requirement for selected respondents to conduct, and submit the results
of, tests for condensable PM emissions by September 2010. We have
concluded that the data collected pursuant to this ICR will provide
sufficient data to perform a condensable PM analysis. Therefore, the
condensable PM testing requirement added to subparts D, Da, Db, and Dc
through the January 2009 rulemaking is no longer required, and creates
an unnecessary additional testing burden for affected owners/operators.
Consequently, we are amending the rules to remove the requirement for
owners/operators electing to use a PM CEMS, in lieu of a COMS, to
conduct performance tests for condensable PM emissions during the
correlation testing runs for the PM CEMS.
The January 2009 rulemaking exempted the owners/operators of
certain affected facilities subject to subparts D, Da, Db, or Dc from
the requirement to use COMS to measure opacity but not the otherwise
applicable opacity standard. These affected sources must conduct
periodic opacity observations using Method 9, Method 22, or the results
from digital opacity compliance systems to demonstrate compliance with
the applicable opacity standard (Sec. 60.45, Sec. 60.49Da, Sec.
60.48b, and Sec. 60.47c of 40 CFR part 60). The requirement to monitor
compliance with the opacity standard is an essential aspect of the
NSPS. However, the implementation of the monitoring provisions as
promulgated in the January 2009 rulemaking warrants clarification in a
number of respects. First, the existing regulations require the owners/
operators of affected sources with opacity readings above levels
specified in the rule to conduct a new Method 9 test every 30 calendar
days. This requirement potentially conflicts with the requirement in
the general provisions (40 CFR part 60, subpart A) for an owner/
operator to provide written notice to EPA at least 30 calendar days
[[Page 3520]]
before the date on which the owner/operator intends to conduct a
performance test (40 CFR 60.8(d)). Thus, the regulations as written
could potentially cause problems for owners/operators of affected
facilities trying to meet the notification deadline.
Second, the opacity monitoring requirements, as written, were
effective immediately for owners/operators of affected facilities
subject to an opacity standard that are exempt from the COMS
requirement. The amended regulatory text does not, however, specify a
deadline by which new sources must complete the initial opacity
performance test. In addition, since the required opacity testing or
monitoring frequency depends on the results of the last performance
test, there was some question as to when the first post January 2009
promulgation opacity reading needed to be completed by affected
facilities already subject to the NSPS.
In addition to these issues specifically identified by the
petitioner, EPA recognized another issue regarding the monitoring
requirements. Consistent with the provisions of subparts D and Da prior
to the January 2009 rulemaking, all steam generating units subject to
either subpart D or Da must meet an opacity standard regardless of the
fuel burned in the unit. The heat recovery steam generator (HRSG)
portion of natural gas-fired combined cycle power plants can be subject
to subpart D or Da. In cases where natural gas-fired duct burners are
used to boost the temperature of the hot exhaust gases from the
stationary combustion turbine entering the HRSG, the HRSG may be an
affected facility that could be subject to subpart D or Da.
Consequently, as an unintended result of the January 2009 rulemaking,
some HRSGs using duct burners at combined cycle power plants became
subject to the added requirements for opacity monitoring. Prior to the
January 2009 rulemaking, State permitting authorities often imposed
only minimal opacity monitoring requirements for these units. It was
not our intent to require regular opacity monitoring from all natural
gas-fired affected facilities.
We are planning to propose amendments to the opacity monitoring
requirements in these subparts to address the issues raised by
petitioners for reconsideration, as well as the issue regarding natural
gas-fired affected facilities, thereby providing an opportunity for
public comment on EPA's approach to resolving the issues. In the
interim, we are taking a number of steps in this direct final rule to
immediately address these issues. First, to allow time to meet the
notification deadline in the General Provisions, this direct final rule
amends the minimum time between Method 9 performance tests from 30 to
45 days. The extended testing deadline will still maintain the intent
of frequent observations and will also provide a reasonable amount of
time in which to comply with the notification requirement and conduct
the performance test. Second, this direct final rule establishes a
deadline of April 29, 2011, for owners/operators who have not already
done so to implement the opacity monitoring requirements for all
affected facilities subject to opacity standards that are exempt from
the COMS requirement. This date is over 2 years after the publication
of the final amendments and will provide owners/operators of affected
facilities that are not yet monitoring opacity sufficient time to begin
the required monitoring. Any owners/operators of affected facilities
that are currently meeting the opacity testing and monitoring
provisions of the January 2009 amendments are expected to continue to
meet the promulgated monitoring schedule. Finally, to reduce
unnecessary performance testing, subparts D and Da are amended to give
the permitting authority the ability to exempt owners/operators of
affected facilities burning only natural gas from the periodic opacity
monitoring requirements.
The remaining amendments included in this direct final rule are
correcting previous editorial mistakes made in the text to subparts D,
Da, and Db. These errors were only recently identified. First, we are
correcting an incorrect reference in paragraph 60.42(c) of subpart D.
The regulatory text currently exempts owner/operators of affected
facilities subject to subpart D that elect to use PM CEMS from the
opacity standard if they also elect to comply with the relevant sulfur
dioxide (SO2) standard in paragraph 60.43Da(a) of subpart
Da. However, as discussed in the preamble to the final rule (74 FR
5073), EPA intended to exempt owners/operators of subpart D affected
facilities from the opacity standard if they elect to use PM CEMS and
also elect to comply with the filterable PM standards in paragraph
60.42Da(a) of subpart Da. Second, we are adding the following as a new
second sentence in paragraph 60.48Da(c): ``The sulfur dioxide emission
standards under Sec. 60.43Da apply at all times except during periods
of startup, shutdown, or when both emergency conditions exist and the
procedures under paragraph (d) of this section are implemented.'' This
sentence was included in the original 1979 rulemaking (44 FR 33616),
but was unintentionally deleted during the 2005 promulgation of the
Clean Air Mercury Rule (70 FR 28606) and subsequent rulemakings carried
the deletion forward and failed to add the sentence back. Third, we are
amending subpart Db by adding back paragraph 60.42b(k)(4) which the
Federal Register inadvertently deleted in publishing the January 2009
final rule (74 FR 5072). Paragraph 60.42b(k)(4) was added to subpart Db
in 2007 (72 FR 32745), and in the January 2009 final rule we amended
paragraphs (k)(1) through (k)(3), but intended to leave (k)(4) as it
existed prior to the amendments. The paragraph was, however,
unintentionally dropped when the rule was published in the Federal
Register.
V. What amendments are we making to the rule?
The applicable paragraphs in subparts D, Da, Db, and Dc in 40 CFR
part 60 are amended to delay until April 29, 2011, the implementation
of a requirement for owners/operators of affected facilities subject to
an opacity standard that do not use a COMS to conduct periodic opacity
observations. In addition, the applicable paragraphs in subparts D and
Da are amended to give the permitting authority the ability to exempt
owners/operators of affected facilities burning only natural from the
periodic opacity monitoring requirements.
The applicable paragraphs in subparts Da, Db, and Dc in 40 CFR part
60 are amended to delete the condition for an owner/operator that
elects to use a PM CEMS, in lieu of a COMS, to conduct condensable PM
performance tests during the correlation testing runs of the CEMS
required by Performance Specification 11.
Subpart D in 40 CFR part 60 is amended to correct the reference in
Sec. 60.42(c) from Sec. 60.43Da(a) to Sec. 60.42Da(a). As discussed
above, this change will implement the original intent of the rule that
owners/operators of subpart D affected facilities electing to use PM
CEMS be exempt from the opacity standard if they also elect to comply
with the PM, not the SO2, standard in subpart Da.
Subpart Da in 40 CFR part 60 is amended to correct the
unintentional deletion of a sentence from Sec. 60.48Da(c) by
reinstating the original provision which specified that the
SO2 emission standards under Sec. 60.43Da apply at all
times except during periods of startup, shutdown, or when both
emergency conditions exist.
Finally, subpart Db in 40 CFR part 60 is amended to correct the
unintentional
[[Page 3521]]
deletion of a paragraph from Sec. 60.42Da(k) by reinstating the
original provision under Sec. 60.42Da(k)(4). The provision provides an
alternative SO2 emission standard of not emitting any gases
that contain SO2 in excess of 87 nanograms per joule (ng/J)
(0.20 lb/million British thermal unit (MMBtu)) heat input or 10 percent
(0.10) of the potential SO2 emission rate (90 percent
reduction) and 520 ng/J (1.2 lb/MMBtu) heat input for modified
facilities that combust coal or a mixture of coal with other fuels.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, exempt from review under 12866. EPA has concluded that the
amendments EPA is promulgating will not change the costs or benefits of
this direct final rule.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
These final amendments result in no changes to the information
collection requirements of the existing standards of performance and
will have no impact on the information collection estimate of projected
cost and hour burden made and approved by the Office of Management and
Budget (OMB) during the development of the existing standards of
performance. Therefore, the information collection requests have not
been amended. However, OMB has previously approved the information
collection requirements contained in the existing standards of
performance (40 CFR part 60, subparts D, Da, Db, and Dc) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., at
the time the standards were promulgated on June 11, 1979 (40 CFR part
60, subpart Da, 44 FR 33580), November 25, 1986 (40 CFR part 60,
subpart Db, 51 FR 42768), and September 12, 1990 (40 CFR part 60,
subpart Dc, 55 FR 37674). OMB assigned OMB control numbers 2060-0023
(ICR 1053.07) for 40 CFR part 60, subpart Da, 2060-0072 (ICR 1088.10)
for 40 CFR part 60, subpart Db, 2060-0202 (ICR 1564.06) for 40 CFR part
60, subpart Dc. OMB control numbers for EPA's regulations in 40 CFR are
listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of these final amendments on
small entities, small entity is defined as:
(1) A small business as defined by the Small Business
Administration's regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this direct final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 USC 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
This direct final rule reduces testing requirements for owner/
operators of affected facilities using PM CEMS and allows reduced
opacity monitoring for owner/operators of natural gas-fired affected
facilities. We have therefore concluded that today's direct final rule
will relieve regulatory burden for all affected small entities.
D. Unfunded Mandates Reform Act
This direct final rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or the private sector in any one
year. Thus, these final amendments are not subject to the requirements
of sections 202 or 205 of the Unfunded Mandates Reform Act (UMRA).
This direct final rule is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments because the
burden is small and the regulation does not unfairly apply to small
governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. These amendments will not impose
substantial direct compliance costs on State or local governments, and
they will not preempt State law. Thus, Executive Order 13132 does not
apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
These final amendments do not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000).
These final amendments will not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes. Thus, Executive Order
13175 does not apply to the final amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health and safety
risks, such that the analysis required under section 5-501 of the Order
has the potential to influence the regulation. This action is not
subject to Executive Order 13045 because it is based solely on
technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
[[Page 3522]]
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d)(15 U.S.C. 272 note)
directs us to use voluntary consensus standards in our regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., material specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs us to provide
Congress, through OMB, explanations when we decide not to use available
and applicable voluntary consensus standards.
This action does not involve any new technical standards or the
incorporation by reference of existing technical standards. Therefore,
the consideration of voluntary consensus standards is not relevant to
this action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA lacks the discretionary authority to address environmental
justice in this final rulemaking. New Source Performance Standards are
technology-based standards intended to promote use of the best air
pollution control technologies, taking into account the cost of such
technology and any other non-air quality, health, and environmental
impact and energy requirements at a broad national level.
K. Congressional Review Act
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 Congress and to the Comptroller General
of the United States. EPA will submit a report containing these final
amendments 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 final rules 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). These final amendments will be effective on March 21,
2011.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: January 7, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
60 of the Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--[Amended]
0
2. Section 60.42 is amended by revising the last sentence in paragraph
(c) to read as follows:
Sec. 60.42 Standard for particulate matter (PM).
* * * * *
(c) * * * If the Administrator grants the petition, the source will
from then on (unless the unit is modified or reconstructed in the
future) have to comply with the requirements in Sec. 60.42Da(a) of
subpart Da of this part.
0
3. Section 60.45 is amended as follows:
0
a. By revising paragraph (b)(7) introductory text;
0
b. By revising paragraph (b)(7)(i)(D); and
0
c. By revising the last sentence of paragraph (b)(7)(ii)(A).
Sec. 60.45 Emissions and fuel monitoring.
* * * * *
(b) * * *
(7) An owner or operator of an affected facility subject to an
opacity standard under Sec. 60.42 that elects to not use a COMS
because the affected facility burns only fuels as specified under
paragraph (b)(1) of this section, monitors PM emissions as specified
under paragraph (b)(5) of this section, or monitors CO emissions as
specified under paragraph (b)(6) of this section, shall conduct a
performance test using Method 9 of appendix A-4 of this part and the
procedures in Sec. 60.11 to demonstrate compliance with the applicable
limit in Sec. 60.42 by April 29, 2011 or within 45 days after stopping
use of an existing COMS, whichever is later, and shall comply with
either paragraph (b)(7)(i), (b)(7)(ii), or (b)(7)(iii) of this section.
The observation period for Method 9 of appendix A-4 of this part
performance tests may be reduced from 3 hours to 60 minutes if all 6-
minute averages are less than 10 percent and all individual 15-second
observations are less than or equal to 20 percent during the initial 60
minutes of observation. The permitting authority may exempt owners or
operators of affected facilities burning only natural gas from the
opacity monitoring requirements.
(i) * * *
(D) If the maximum 6-minute average opacity is greater than 10
percent, a subsequent Method 9 of appendix A-4 of this part performance
test must be completed within 45 calendar days from the date that the
most recent performance test was conducted.
(ii) * * *
(A) * * * If the sum of the occurrence of visible emissions is
greater than 5 percent of the observation period (i.e., 90 seconds per
30 minute period), the owner or operator shall either document and
adjust the operation of the facility and demonstrate within 24 hours
that the sum of the occurrence of visible emissions is equal to or less
than 5 percent during a 30 minute observation (i.e., 90 seconds) or
conduct a new Method 9 of appendix A-4 of this part performance test
using the procedures in paragraph (b)(7) of this section within 45
calendar days according to the requirements in Sec. 60.46(b)(3).
* * * * *
Subpart Da--[Amended]
0
4. Section 60.48Da is amended by revising paragraph (c) to read as
follows:
Sec. 60.48Da Compliance provisions.
* * * * *
(c) The PM emission standards under Sec. 60.42Da and the
NOX emission standards under Sec. 60.44Da apply at all
times except during periods of startup, shutdown, or malfunction. The
sulfur dioxide emission standards under Sec. 60.43Da apply at all
times except during periods of startup, shutdown, or when both
emergency conditions exist
[[Page 3523]]
and the procedures under paragraph (d) of this section are implemented.
* * * * *
0
5. Section 60.49Da is amended as follows:
0
a. By revising paragraph (a)(3) introductory text;
0
b. By revising paragraph (a)(3)(ii)(D);
0
c. By revising the last sentence of paragraph (a)(3)(iii)(A); and
0
d. By removing paragraph (v)(2)(ii); and
0
e. By redesignating paragraph (v)(2)(iii) as paragraph (v)(2)(ii).
Sec. 60.49Da Emission monitoring.
(a) * * *
(3) The owner or operators of an affected facility that meets the
conditions in paragraph (a)(2) of this section may, as an alternative
to using a COMS, elect to monitor visible emissions using the
applicable procedures specified in paragraphs (a)(3)(i) through (iv) of
this section. The opacity performance test requirement in paragraph
(a)(3)(i) must be conducted by April 29, 2011, within 45 days after
stopping use of an existing COMS, or within 180 days after initial
startup of the facility, whichever is later. The permitting authority
may exempt owners or operators of affected facilities burning only
natural gas from the opacity monitoring requirements.
* * * * *
(ii) * * *
(D) If the maximum 6-minute average opacity is greater than 10
percent, a subsequent Method 9 of appendix A-4 of this part performance
test must be completed within 45 calendar days from the date that the
most recent performance test was conducted.
(iii) * * *
(A) * * * If the sum of the occurrence of visible emissions is
greater than 5 percent of the observation period (i.e., 90 seconds per
30 minute period), the owner or operator shall either document and
adjust the operation of the facility and demonstrate within 24 hours
that the sum of the occurrence of visible emissions is equal to or less
than 5 percent during a 30 minute observation (i.e., 90 seconds) or
conduct a new Method 9 of appendix A-4 of this part performance test
using the procedures in paragraph (a)(3)(i) of this section within 45
calendar days according to the requirements in Sec. 60.50Da(b)(3).
* * * * *
Subpart Db--[Amended]
0
6. Section 60.42b is amended by adding paragraph (k)(4) to read as
follows:
Sec. 60.42b Standard for sulfur dioxide (SO2).
* * * * *
(k) * * *
(4) As an alternative to meeting the requirements under paragraph
(k)(1) of this section, modified facilities that combust coal or a
mixture of coal with other fuels shall not cause to be discharged into
the atmosphere any gases that contain SO2 in excess of 87
ng/J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential
SO2 emission rate (90 percent reduction) and 520 ng/J (1.2
lb/MMBtu) heat input.
0
7. Section 60.46b is amended by removing paragraph (j)(11)(ii) and
redesignating paragraph (j)(11)(iii) as paragraph (j)(11)(ii).
0
8. Section 60.48b is amended as follows:
0
a. By revising paragraph (a) introductory text;
0
b. By revising paragraph (a)(1)(iv); and
0
c. By revising the last sentence of paragraph (a)(2)(i).
Sec. 60.48b Emission monitoring for particulate matter and nitrogen
oxides.
(a) Except as provided in paragraph (j) of this section, the owner
or operator of an affected facility subject to the opacity standard
under Sec. 60.43b shall install, calibrate, maintain, and operate a
continuous opacity monitoring system (COMS) for measuring the opacity
of emissions discharged to the atmosphere and record the output of the
system. The owner or operator of an affected facility subject to an
opacity standard under Sec. 60.43b and meeting the conditions under
paragraphs (j)(1), (2), (3), (4), or (5) of this section who elects not
to use a COMS shall conduct a performance test using Method 9 of
appendix A-4 of this part and the procedures in Sec. 60.11 to
demonstrate compliance with the applicable limit in Sec. 60.43b by
April 29, 2011, within 45 days of stopping use of an existing COMS, or
180 days after initial startup of the facility, whichever is later, and
shall comply with either paragraphs (a)(1), (a)(2), or (a)(3) of this
section. The observation period for Method 9 of appendix A-4 of this
part performance tests may be reduced from 3 hours to 60 minutes if all
6-minute averages are less than 10 percent and all individual 15-second
observations are less than or equal to 20 percent during the initial 60
minutes of observation.
(1) * * *
(iv) If the maximum 6-minute average opacity is greater than 10
percent, a subsequent Method 9 of appendix A-4 of this part performance
test must be completed within 45 calendar days from the date that the
most recent performance test was conducted.
(2) * * *
(i) * * * If the sum of the occurrence of visible emissions is
greater than 5 percent of the observation period (i.e., 90 seconds per
30 minute period), the owner or operator shall either document and
adjust the operation of the facility and demonstrate within 24 hours
that the sum of the occurrence of visible emissions is equal to or less
than 5 percent during a 30 minute observation (i.e., 90 seconds) or
conduct a new Method 9 of appendix A-4 of this part performance test
using the procedures in paragraph (a) of this section within 45
calendar days according to the requirements in Sec. 60.46d(d)(7).
* * * * *
Subpart Dc--[Amended]
0
9. Section 60.45c is amended by removing paragraph (c)(11)(ii) and
redesignating paragraph (c)(11)(iii) as paragraph (c)(11)(ii).
0
10. Section 60.47c is amended as follows:
0
a. By revising paragraph (a) introductory text;
0
b. By revising paragraph (a)(1)(iv); and
0
c. By revising the last sentence of paragraph (a)(2)(i).
Sec. 60.47c Emission monitoring for particulate matter.
(a) Except as provided in paragraphs (c), (d), (e), (f), and (g) of
this section, the owner or operator of an affected facility combusting
coal, oil, or wood that is subject to the opacity standards under Sec.
60.43c shall install, calibrate, maintain, and operate a continuous
opacity monitoring system (COMS) for measuring the opacity of the
emissions discharged to the atmosphere and record the output of the
system. The owner or operator of an affected facility subject to an
opacity standard in Sec. 60.43c(c) that is not required to use a COMS
due to paragraphs (c), (d), (e), or (f) of this section that elects not
to use a COMS shall conduct a performance test using Method 9 of
appendix A-4 of this part and the procedures in Sec. 60.11 to
demonstrate compliance with the applicable limit in Sec. 60.43c by
April 29, 2011, within 45 days of stopping use of an existing COMS, or
180 days after initial startup of the facility, whichever is later, and
shall comply with either paragraphs (a)(1), (a)(2), or (a)(3) of this
section. The observation period for Method 9 of appendix A-4 of this
part performance tests may be reduced from 3 hours to 60 minutes if all
6-minute averages are less than 10 percent and all individual 15-second
observations are less than or equal to 20 percent during the initial 60
minutes of observation.
[[Page 3524]]
(1) * * *
(iv) If the maximum 6-minute average opacity is greater than 10
percent, a subsequent Method 9 of appendix A-4 of this part performance
test must be completed within 45 calendar days from the date that the
most recent performance test was conducted.
(2) * * *
(i) * * * If the sum of the occurrence of visible emissions is
greater than 5 percent of the observation period (i.e., 90 seconds per
30 minute period), the owner or operator shall either document and
adjust the operation of the facility and demonstrate within 24 hours
that the sum of the occurrence of visible emissions is equal to or less
than 5 percent during a 30 minute observation (i.e., 90 seconds) or
conduct a new Method 9 of appendix A-4 of this part performance test
using the procedures in paragraph (a) of this section within 45
calendar days according to the requirements in Sec. 60.45c(a)(8).
* * * * *
[FR Doc. 2011-1008 Filed 1-19-11; 8:45 am]
BILLING CODE 6560-50-P