[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Proposed Rules]
[Pages 28215-28217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11958]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2010-0750; FRL-9927-58-OAR]
RIN 2060-AQ60
Reconsideration Petition From Dyno Nobel Inc. on the New Source
Performance Standards Review for Nitric Acid Plants; Final Action
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action denying petition for reconsideration.
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[[Page 28216]]
SUMMARY: This action provides notice that on May 11, 2015, the U.S.
Environmental Protection Agency (EPA) Administrator, Gina McCarthy,
signed a letter denying a petition for reconsideration of the final New
Source Performance Standards (NSPS) for Nitric Acid Plants published in
the Federal Register on August 14, 2012. (77 FR 48433)
DATES: Effective May 18, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Nathan Topham, Sector Policies and
Programs Division (D243-02), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number: (919) 541-0483; fax number:
(919) 541-3207; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. How can I get copies of this document and other related information?
This Federal Register document, the petition for reconsideration,
and the letter denying the petition for reconsideration are available
in the docket the EPA established under Docket ID No. EPA-HQ-OAR-2010-
0750. All documents in the docket are listed on the www.regulations.gov
Web site. Although listed in the index, some information is not
publicly available, e.g., confidential business information or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov or in hard copy at the EPA Docket Center (EPA/DC),
EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744 and the telephone
number for the Air Docket is (202) 566-1742. This Federal Register
document, the petition for reconsideration, and the letter denying the
petition can also be found on the EPA's Web site at http://www.epa.gov/ttn/oarpg.
II. Judicial Review
Any petitions for review of the letter and enclosure denying the
petition for reconsideration described in this document must be filed
in the United States Court of Appeals for the District of Columbia
Circuit by July 17, 2015.
III. Description of Action
A. Background
The initial Nitric Acid Plants NSPS were promulgated on December
23, 1971 (36 FR 24881) and codified at 40 CFR part 60, subpart G
pursuant to section 111 of the Clean Air Act (CAA). Pursuant to section
111(b)(1)(B) of the CAA, we reviewed the NSPS three times over the past
few decades. Based on the results of the third review, which we
completed in August 2012, we determined it was appropriate to revise
the NSPS. The revised NSPS were published in the Federal Register on
August 14, 2012 (77 FR 48433). The revised NSPS (also referred to as
the ``final rule'' in this document) included a change in the nitrogen
oxides (NOX) emission limit, from 3.0 pounds of
NOX per ton of nitric acid production (3.0 lb/T) on a 3-hour
basis to 0.5 lb/T on a 30-day average basis, and additional testing and
monitoring requirements. The final rule applies to new, modified or
reconstructed nitric acid production units (NAPU) that commence
construction, modification or reconstruction after October 14, 2011.
Throughout the rulemaking process, we received comments, data and
information that supported these revisions. This information is
available in the docket for this action. The revisions were proposed on
October 14, 2011 (76 FR 63878). We received additional data and
comments during the comment period. These data and comments were
considered and analyzed and, where appropriate, revisions to the NSPS
were made and incorporated into the final rule published on August 14,
2012.
On October 10, 2012, Dyno Nobel Inc. (DNI) submitted a petition for
reconsideration of the final rule for nitric acid plants. Under section
307(d)(7)(B) of the CAA, a petitioner seeking reconsideration must show
that the objection or objections raised in its reconsideration petition
``is of central relevance to the outcome of the rule.'' In the EPA's
view, an objection is of central relevance to the outcome of the rule
only if it provides substantial support for the argument that the
promulgated regulation should be revised.
After carefully considering the petition and supporting
information, the EPA Administrator, Gina McCarthy, denied the petition
for reconsideration on May 11, 2015, in a letter to the petitioner. The
EPA denied the petition because the information and analysis submitted
by DNI is not of central relevance to the outcome of the rule, in that
it does not demonstrate that the rule should be reconsidered. A summary
of the petition issues and the EPA's responses are provided below. The
letter from Administrator McCarthy and the accompanying enclosure,
which are available in the docket for this action, explain in greater
detail the issues presented in the petition, the EPA's responses to
those issues, and the EPA's reasons for the denial.
B. Summary of Petition and the EPA's Responses
The main issues raised by DNI in their petition for reconsideration
are the following: They believe the EPA should have established a
subcategory and a different emissions limit for modified or
reconstructed nitric acid plants that use non-selective catalytic
reduction (NSCR); and they argue the EPA did not meet the legal
requirement of having representative emission data to establish a new
emission limit.
Regarding the petitioner's argument that the EPA should establish a
subcategory for modified or reconstructed plants that use NSCR, we have
several reasons why we disagree with this request.
First, the EPA believes it is inappropriate to establish
subcategories based on differences in control technologies, so it is
inappropriate to establish a subcategory for plants using NSCR.
Second, regarding the petitioner's argument that the EPA did not
meet the legal requirement of having representative emission data to
set an emission limit, we believe the agency had ample test data to
support selective catalytic reduction as the best system of emission
reduction and to establish a revised emission limit.
Third, although some units with NSCR may not be able to meet the
limit without improving their controls, based on available data we
believe it is feasible for some units with NSCR to comply with this
NSPS without the need for any additional controls as some existing
units with NSCR are already achieving the NSPS emission limit.
Finally, we believe other units with NSCR that are modified or
reconstructed, could comply with the NSPS limit by improving their
controls at reasonable costs.
Therefore, based on our review and evaluation of all issues raised
by the petitioner and relevant available data and information, we have
concluded that reconsideration is not warranted.
[[Page 28217]]
Dated: May 11, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-11958 Filed 5-15-15; 8:45 am]
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