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[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Rules and Regulations]
[Pages 3517-3524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1008]

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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.

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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: a-and-r-docket@epa.gov, or 
fellner.christian@epa.gov.
     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: 
fellner.christian@epa.gov.

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
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