21176 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 16, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: April 2, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.770, the table in paragraph 

(c) is amended by revising the entry for 

3–5–1 under ‘‘Article 3. Monitoring 

Requirements’’, ‘‘Rule 5. Continuous 

Monitoring of Emissions’’ to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject Indiana effective date EPA Approval date Notes 

*******

Article 3. Monitoring Requirements 

*******

Rule 5. Continuous Monitoring of Emissions 

3–5–1 ........................ Applicability; continuous monitoring requirements for applicable 

pollutants.

1/15/2014 4/17/2015, [insert 

Federal Register 

citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–08885 Filed 4–16–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0861; FRL–9925–81– 

Region 9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Arizona; 

Regional Haze Federal Implementation 

Plan; Reconsideration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

revise certain provisions in the Arizona 

Regional Haze (RH) Federal 

Implementation Plan (FIP) that apply to 

the Nelson Lime Plant. In response to a 

request for reconsideration from the 

plant’s owner, Lhoist North America of 

Arizona, Inc. (LNA), we are replacing 

the control technology demonstration 

requirements for emissions of nitrogen 

oxides (NOX) applicable to Kilns 1 and 

2 at the Nelson Lime Plant with revised 

recordkeeping and reporting 

requirements. We are not revising any of 

the emission limits that apply to these 

units, including the existing NOX

emission limits, which can be met with 

selective non-catalytic reduction (SNCR) 

control technology. We also are taking 

final action to correct a misprint of the 

regulatory requirements in a table in the 

Arizona RH FIP that identifies the 

emission limits for NOX and sulfur 

dioxide (SO2) at each kiln. 

DATES: Effective date: This rule is 

effective May 18, 2015. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2014–0861 for 

this action. Generally, documents in the 

docket are available electronically at 

http://www.regulations.gov or in hard 

copy at EPA Region 9, 75 Hawthorne 

Street, San Francisco, California. Please 

note that while many of the documents 

in the docket are listed at http://

www.regulations.gov, some information 

may not be specifically listed in the 

index to the docket and may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports, or otherwise 

voluminous materials), and some may 

not be available at either locations (e.g., 

confidential business information). To 

inspect the hard copy materials, please 

schedule an appointment during normal 

business hours with the contact listed 

directly below. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Webb, U.S. EPA, Region 9, 

Planning Office, Air Division, Air–2, 75 

Hawthorne Street, San Francisco, CA 

94105. Thomas Webb can be reached at 

telephone number (415) 947–4139 and 

via electronic mail at webb.thomas@

epa.gov. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21177 

1Although states and tribes may designate as 

Class I additional areas that they consider to have 

visibility as an important value, the requirements of 

the visibility program set forth in section 169A of 

the CAA apply only to ‘‘mandatory Class I Federal 

areas.’’ 

2 80 FR 1608. The notice of proposed rulemaking 

contains background information concerning the 

visibility requirements of the CAA, the RHR, and 

the Arizona RH FIP. 

3 Id. 

4Letter from Eric Hiser, Jorden Bischoff & Hiser, 

to Regina McCarthy, EPA (October 31, 2014). 

5Because the proposal was signed prior to 

December 31, 2014, we consider LNA’s request for 

a stay to be moot. 

6Letter from Jared Blumenfeld, EPA, to Eric 

Hiser, Jorden Bischoff & Hiser (November 20, 2014). 

7Letter from Kimberly S. L. Bauman, Mississippi 

Lime Company, to Thomas Webb, EPA (February 

27, 2015). 

8See 79 FR 9318, 9337–9339 for proposed BART 

analysis and determination (February 18, 2014); 79 

FR 52420, 52424 for final BART determination 

(September 3, 2014). 

Definitions 

For the purpose of this document, 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. We 

also are giving meaning to certain words 

or initials as follows: 

• The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

• The initials ADEM mean or refer to 

the Alabama Department of 

Environmental Management. 

• The initials ADEQ mean or refer to 

the Arizona Department of 

Environmental Quality. 

• The words Arizona and State mean 

the State of Arizona. 

• The initials BACT mean or refer to 

Best Available Control Technology. 

• The initials BART mean or refer to 

Best Available Retrofit Technology. 

• The initials CAA mean or refer to 

the Clean Air Act. 

• The term Class I area refers to a 

mandatory Class I Federal area.1

• The initials CBI mean or refer to 

Confidential Business Information. 

• The initials CEMS mean or refer to 

continuous emission monitoring system 

or systems. 

• The words EPA, we, us or our mean 

or refer to the United States 

Environmental Protection Agency. 

• The initials FIP mean or refer to 

Federal Implementation Plan. 

• The initials LNA mean or refer to 

Lhoist North America of Arizona, Inc. 

• The initials MMBtu mean or refer to 

million British thermal units. 

• The initials NOX mean or refer to 

nitrogen oxides. 

• The initials RH mean or refer to 

regional haze. 

• The initials RHR mean or refer to 

EPA’s Regional Haze Rule. 

• The initials SIP mean or refer to 

State Implementation Plan. 

• The initials SNCR mean or refer to 

selective non-catalytic reduction. 

• The initials SO2 mean or refer to 

sulfur dioxide. 

Table of Contents 

I. Summary of Proposed Action 

II. Background on Petition for 

Reconsideration and Stay 

III. Public Comments 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

EPA proposed on January 13, 2015, to 

revise certain Best Available Retrofit 

Technology (BART) requirements in the 

FIP related to reducing NOX emissions 

from Kilns 1 and 2 at the Nelson Lime 

Plant.2 As described in the proposal, the 

revision consists of several components, 

including the removal of the control 

technology demonstration requirements, 

the addition of revised recordkeeping 

and reporting requirements, and the 

correction of an error in a table.3 We 

proposed to find that these changes are 

reasonable and appropriate based on 

information from LNA regarding the 

effectiveness of using SNCR to control 

NOX emissions at another lime plant. 

The proposed rule addressing the 

Nelson Lime Plant did not change the 

emission limits, compliance deadlines, 

or the compliance determination 

methods established in the final rule for 

the Arizona RH FIP. 

II. Background on Petition for 

Reconsideration and Stay 

LNA submitted a petition to EPA on 

October 31, 2014, seeking 

administrative reconsideration and a 

partial stay of the final rule under CAA 

section 307(d)(7)(B).4 Specifically, LNA 

requested that EPA eliminate the control 

technology demonstration requirements 

(also known as ‘‘optimization 

requirements’’) for the Nelson Lime 

Plant. In support of its petition, LNA 

provided additional data regarding the 

performance of SNCR control 

technology at lime kilns located at 

another LNA facility, the O’Neal Lime 

Plant in Calera, Alabama. In the 

petition, LNA also requested a stay of 

the provisions in the FIP applicable to 

the Nelson Lime Plant if EPA did not 

propose action on its petition prior to 

December 31, 2014.5 EPA sent a letter to 

LNA on November 20, 2014, granting 

reconsideration of the optimization 

requirements pursuant to CAA section 

307(d)(7)(B).6

III. Public Comments 

In the proposed rule, EPA provided 

45 days for the public to submit 

comments on the proposed revision to 

the Arizona RH FIP. During the public 

comment period, we received one set of 

comments from the Mississippi Lime 

Company (‘‘Mississippi Lime’’).7 The 

comments from Mississippi Lime 

focused on the requirement for LNA to 

install SNCR controls at the Nelson 

Lime Plant. The comments and our 

responses are summarized below. 

Comment: Mississippi Lime stated 

that SNCR technology has not been 

identified as Best Available Control 

Technology (BACT) for lime kilns in 

EPA’s control technology clearinghouse 

or as an applied emission control in 

publicly available documents for LNA’s 

O’Neal facility. The commenter further 

noted that there is no discussion of 

SNCR at the O’Neal facility in publicly 

available documents such as operating 

permits, quarterly excess emission 

reports, or emission inventory reports 

issued by or submitted to the Alabama 

Department of Environmental 

Management. 

Response: EPA does not dispute 

Mississippi Lime’s assertion that 

publicly available information on SNCR 

technology for lime kilns may be 

limited. However, any such lack of 

information is irrelevant to this action. 

In particular, in a final rule published 

on September 3, 2014, EPA determined 

that SNCR is technically feasible and 

constitutes BART for Kilns 1 and 2 at 

Nelson Lime Plant.8 We have not 

proposed to reconsider or otherwise 

revise those determinations. 

Comment: Mississippi Lime 

contended that LNA, according to 

public documents provided to Illinois 

EPA, has stated that its O’Neal facility 

in Calera, Alabama, is controlling lime 

kiln emissions to meet emission limits 

under a permit that relies on a 

proprietary SNCR technology that was 

patented by its predecessor, Chemical 

Lime Company. 

Response: EPA does not dispute that 

the SNCR technology in use at the 

O’Neal facility may be proprietary. EPA 

relied on an analysis of the effectiveness 

of the SNCR technology to control 

emissions at the O’Neal facility to 

confirm that the emission limit we 

established for the Nelson Lime Plant is 

reasonable and appropriate. Based on 

the results of our analysis described in 

our proposal, we proposed and are now 

taking final action to replace a series of 

prescriptive control technology 

demonstration requirements with new 

recordkeeping and reporting 

requirements for LNA. The fact that the 

SNCR technology in use at the O’Neal 


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21178 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 

9 Id. 

facility may be proprietary has no 

bearing on the purpose or substance of 

our analysis. 

Comment: Mississippi Lime asserted 

that SNCR technology on lime kilns is 

an unproven control strategy. Thus, the 

commenter had significant concerns 

that this technology and the 

corresponding FIP will be used 

inappropriately for the establishment of 

future BACT or BART determinations. 

Response: As noted above, EPA has 

already determined that SNCR is a 

feasible control technology for Kilns 1 

and 2 at the Nelson Lime Plant and has 

set emission limits that correspond to 

the use of SNCR in our final rule on the 

Arizona RH FIP.9 Because our proposal 

and this final action address only the 

optimization requirements, and are not 

related to previous determinations in 

the FIP, this comment on our proposal 

is not relevant. 

Comment: Mississippi Lime is 

concerned that if LNA’s proposed SNCR 

system for the Nelson Lime Plant uses 

LNA’s proprietary and patented 

technology, competitors like Mississippi 

Lime may also be required to use the 

patented technology in the future. The 

commenter alleged that LNA could 

interfere with a competitor’s obligation 

to use SNCR by refusing to license its 

technology or by requiring exorbitant 

licensing fees. This would enable LNA 

to use its patent to gain a competitive 

advantage over the entire lime industry 

in the United States. 

Response: While not the subject of 

this final rule, the Arizona RH FIP only 

requires LNA to meet a specified 

emission limit. LNA may use whatever 

technology it wants to achieve the 

required limit, including proprietary 

technology. If LNA were to refuse to 

license its proprietary technology or to 

charge exorbitant fees at some point in 

the future, then Mississippi Lime could 

argue in any future regulatory actions 

that the technology is not available or is 

not cost-effective. 

IV. Final Action 

We are taking final action to revise 

parts of the Arizona RH FIP that apply 

to the Nelson Lime Plant. In particular, 

we are removing the control technology 

demonstration requirements included in 

the FIP for Nelson Lime Plant and 

replacing those with less prescriptive 

recordkeeping and reporting 

requirements. For the revised 

recordkeeping and reporting 

requirements, LNA must submit a 

summary of the SNCR design and of the 

SNCR process improvement activities. 

In addition, we are correcting a misprint 

in the Federal Register in a table that 

lists NOX and SO2 emission limits for 

the kilns at the Nelson Lime Plant. The 

table appears with the correct labels in 

the regulatory text that follows this final 

rule. This rule constitutes EPA’s final 

action on LNA’s petition for 

reconsideration of the Arizona RH FIP. 

EPA also is making a final 

determination that the revisions in this 

final rule do not interfere with any 

applicable requirements of the CAA. 

CAA section 110(l) requires that any 

revision to an implementation plan 

shall not be approved by the 

Administrator if the revision would 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the CAA. 

These final revisions do not alter the 

amount or timing of the emission 

reductions from the Nelson Lime Plant. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. This rule 

applies to only one facility and is 

therefore not a rule of general 

applicability. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This rule 

applies to only one facility. Therefore, 

its recordkeeping and reporting 

provisions do not constitute a 

‘‘collection of information’’ as defined 

under 44 U.S.C. 3502(3) and 5 CFR 

1320.3(c). 

C. Regulatory Flexibility Act (RFA) 

I certify that this proposed action will 

not have a significant economic impact 

on a substantial number of small 

entities. This action will not impose any 

requirements on small entities. Pursuant 

to 13 CFR 121.201, footnote 1, a firm is 

small if it is in NAICS 327410 (lime 

manufacturing) and the concern and its 

affiliates have no more than 500 

employees. LNA is affiliated with the 

LNA Group, which has more than 5,500 

employees.10 Therefore, LNA is not a 

small business. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. It will not have substantial 

direct effects on any Indian tribes, 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 this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 as applying 

only to those regulatory actions that 

concern health or safety risks that EPA 

has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. EPA is not revising 

any technical standards or imposing any 

new technical standards in this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 


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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21179 

on minority, low-income or indigenous 

populations. These final revisions do 

not alter the amount or timing of the 

emission reductions from the Nelson 

Lime Plant. 

K. Congressional Review Act (CRA) 

This rule is exempt from the CRA 

because it is a rule of particular 

applicability. 

L. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 16, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See CAA 

section 307(b)(2). In addition, pursuant 

to CAA section 307(d)(1)(B), this action 

is subject to the requirements of CAA 

section 307(d). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen oxides, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, Visibility. 

Dated: April 10, 2015. 

Gina McCarthy, 

Administrator. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. Amend § 52.145 by: 

■ a. Revising paragraph (i); and 

■ b. Removing Appendix B to 

§ 52.145—Lime Kiln Control 

Technology Demonstration 

Requirements. 

The revision reads as follows: 

§ 52.145 Visibility protection. 

* * * * * 

(i) Source-specific federal 

implementation plan for regional haze 

at Nelson Lime Plant— (1) Applicability. 

This paragraph (i) applies to the owner/ 

operator of the lime kilns designated as 

Kiln 1 and Kiln 2 at the Nelson Lime 

Plant located in Yavapai County, 

Arizona. 

(2) Definitions. Terms not defined in 

this paragraph (i)(2) shall have the 

meaning given them in the Clean Air 

Act or EPA’s regulations implementing 

the Clean Air Act. For purposes of this 

paragraph (i): 

Ammonia injection shall include any 

of the following: Anhydrous ammonia, 

aqueous ammonia, or urea injection. 

Continuous emission monitoring 

system or CEMS means the equipment 

required by this section to sample, 

analyze, measure, and provide, by 

means of readings recorded at least once 

every 15 minutes (using an automated 

data acquisition and handling system 

(DAHS)), a permanent record of NOX

emissions, SO2 emissions, diluent, and 

stack gas volumetric flow rate. 

Kiln means either of the kilns 

identified in paragraph (i)(1) of this 

section. 

Kiln 1 means lime kiln 1, as identified 

in paragraph (i)(1) of this section. 

Kiln 2 means lime kiln 2, as identified 

in paragraph (i)(1) of this section. 

Kiln operating day means a 24-hour 

period between 12 midnight and the 

following midnight during which there 

is operation of Kiln 1, Kiln 2, or both 

kilns at any time. 

Kiln operation means any period 

when any raw materials are fed into the 

Kiln or any period when any 

combustion is occurring or fuel is being 

fired in the Kiln. 

Lime product means the product of 

the lime-kiln calcination process, 

including calcitic lime, dolomitic lime, 

and dead-burned dolomite. 

NOX means oxides of nitrogen. 

Owner/operator means any person 

who owns or who operates, controls, or 

supervises a kiln identified in paragraph 

(i)(1) of this section. 

SO2 means sulfur dioxide. 

(3) Emission limitations. (i) The 

owner/operator of the kilns identified in 

paragraph (i)(1) of this section shall not 

emit or cause to be emitted pollutants in 

excess of the following limitations in 

pounds of pollutant per ton of lime 

product (lb/ton), from any kiln. Each 

emission limit shall be based on a 12- 

month rolling basis. 

POLLUTANT EMISSION LIMIT

Kiln ID NOX SO2

Kiln 1 ......... 3.80 9.32 

Kiln 2 ......... 2.61 9.73 

(ii) The owner/operator of the kilns 

identified in paragraph (i)(1) of this 

section shall not emit or cause to be 

emitted pollutants in excess of 3.27 tons 

of NOX per day and 10.10 tons of SO2

per day, combined from both kilns, 

based on a rolling 30-kiln-operating-day 

basis. 

(4) Compliance dates. (i) The owner/ 

operator of each kiln shall comply with 

the NOX emission limitations and other 

NOX -related requirements of this 

paragraph (i) no later than September 4, 

2017. 

(ii) The owner/operator of each kiln 

shall comply with the SO2 emission 

limitations and other SO2 -related 

requirements of this paragraph (i) no 

later than March 3, 2016. 

(5) [Reserved] 

(6) Compliance determination—(i) 

Continuous emission monitoring 

system. At all times after the compliance 

dates specified in paragraph (i)(4) of this 

section, the owner/operator of kilns 1 

and 2 shall maintain, calibrate, and 

operate a CEMS, in full compliance with 

the requirements found at 40 CFR 60.13 

and 40 CFR part 60, appendices B and 

F, to accurately measure diluent, stack 

gas volumetric flow rate, and 

concentration by volume of NOX and 

SO2 emissions into the atmosphere from 

kilns 1 and 2. The CEMS shall be used 

by the owner/operator to determine 

compliance with the emission 

limitations in paragraph (i)(3) of this 

section, in combination with data on 

actual lime production. The owner/

operator must operate the monitoring 

system and collect data at all required 

intervals at all times that an affected 

kiln is operating, except for periods of 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, and required monitoring 

system quality assurance or quality 

control activities (including, as 

applicable, calibration checks and 

required zero and span adjustments). 

(ii) Ammonia consumption 

monitoring. Upon and after the 

completion of installation of ammonia 

injection on a kiln, the owner or 

operator shall install, and thereafter 

maintain and operate, instrumentation 

to continuously monitor and record 

levels of ammonia consumption for that 

kiln. 

(iii) Compliance determination for lb 

per ton NOX limit. Compliance with the 

NOX emission limits described in 

paragraph (i)(3)(i) of this section shall be 

determined based on a rolling 12-month 

basis. The 12-month rolling NOX

emission rate for each kiln shall be 

calculated within 30 days following the 

end of each calendar month in 

accordance with the following 

procedure: Step one, sum the hourly 

pounds of NOX emitted for the month 


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21180 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 

just completed and the eleven (11) 

months preceding the month just 

completed to calculate the total pounds 

of NOX emitted over the most recent 

twelve (12) month period for that kiln; 

Step two, sum the total lime product, in 

tons, produced during the month just 

completed and the eleven (11) months 

preceding the month just completed to 

calculate the total lime product 

produced over the most recent twelve 

(12) month period for that kiln; Step 

three, divide the total amount of NOX

calculated from Step one by the total 

lime product calculated from Step two 

to calculate the 12-month rolling NOX

emission rate for that kiln. Each 12- 

month rolling NOX emission rate shall 

include all emissions and all lime 

product that occur during all periods 

within the 12-month period, including 

emissions from startup, shutdown, and 

malfunction. 

(iv) Compliance determination for lb 

per ton SO2 limit. Compliance with the 

SO2 emission limits described in 

paragraph (i)(3)(i) of this section shall be 

determined based on a rolling 12-month 

basis. The 12-month rolling SO2

emission rate for each kiln shall be 

calculated within 30 days following the 

end of each calendar month in 

accordance with the following 

procedure: Step one, sum the hourly 

pounds of SO2 emitted for the month 

just completed and the eleven (11) 

months preceding the month just 

completed to calculate the total pounds 

of SO2 emitted over the most recent 

twelve (12) month period for that kiln; 

Step two, sum the total lime product, in 

tons, produced during the month just 

completed and the eleven (11) months 

preceding the month just completed to 

calculate the total lime product 

produced over the most recent twelve 

(12) month period for that kiln; Step 

three, divide the total amount of SO2

calculated from Step one by the total 

lime product calculated from Step two 

to calculate the 12-month rolling SO2

emission rate for that kiln. Each 12- 

month rolling SO2 emission rate shall 

include all emissions and all lime 

product that occur during all periods 

within the 12-month period, including 

emissions from startup, shutdown, and 

malfunction. 

(v) Compliance determination for ton 

per day NOX limit. Compliance with the 

NOX emission limit described in 

paragraph (i)(3)(ii) of this section shall 

be determined based on a rolling 30- 

kiln-operating-day basis. The rolling 30- 

kiln operating day NOX emission rate 

for the kilns shall be calculated for each 

kiln operating day in accordance with 

the following procedure: Step one, sum 

the hourly pounds of NOX emitted from 

both kilns for the current kiln operating 

day and the preceding twenty-nine (29) 

kiln-operating-day period for both kilns; 

Step two, divide the total pounds of 

NOX calculated from Step one by two 

thousand (2,000) to calculate the total 

tons of NOX; Step three, divide the total 

tons of NOX calculated from Step two by 

thirty (30) to calculate the rolling 30- 

kiln operating day NOX emission rate 

for both kilns. Each rolling 30-kiln 

operating day NOX emission rate shall 

include all emissions that occur from 

both kilns during all periods within any 

kiln operating day, including emissions 

from startup, shutdown, and 

malfunction. 

(vi) Compliance determination for ton 

per day SO2 limit. Compliance with the 

SO2 emission limit described in 

paragraph (i)(3)(ii) of this section shall 

be determined based on a rolling 30- 

kiln-operating-day basis. The rolling 30- 

kiln operating day SO2 emission rate for 

the kilns shall be calculated for each 

kiln operating day in accordance with 

the following procedure: Step one, sum 

the hourly pounds of SO2 emitted from 

both kilns for the current kiln operating 

day and the preceding twenty-nine (29) 

kiln operating days, to calculate the 

total pounds of SO2 emitted over the 

most recent thirty (30) kiln operating 

day period for both kilns; Step two, 

divide the total pounds of SO2

calculated from Step one by two 

thousand (2,000) to calculate the total 

tons of SO2; Step three, divide the total 

tons of SO2 calculated from Step two by 

thirty (30) to calculate the rolling 30- 

kiln operating day SO2 emission rate for 

both kilns. Each rolling 30-kiln 

operating day SO2 emission rate shall 

include all emissions that occur from 

both kilns during all periods within any 

kiln operating day, including emissions 

from startup, shutdown, and 

malfunction. 

(7) Recordkeeping. The owner/

operator shall maintain the following 

records for at least five years: 

(i) All CEMS data, including the date, 

place, and time of sampling or 

measurement; parameters sampled or 

measured; and results. 

(ii) All records of lime production. 

(iii) Monthly rolling 12-month 

emission rates of NOX and SO2, 

calculated in accordance with 

paragraphs (i)(6)(iii) and (iv) of this 

section. 

(iv) Daily rolling 30-kiln operating 

day emission rates of NOX and SO2

calculated in accordance with 

paragraphs (i)(6)(v) and (vi) of this 

section. 

(v) Records of quality assurance and 

quality control activities for emissions 

measuring systems including, but not 

limited to, any records specified by 40 

CFR part 60, appendix F, Procedure 1, 

as well as the following: 

(A) The occurrence and duration of 

any startup, shutdown, or malfunction, 

performance testing, evaluations, 

calibrations, checks, adjustments 

maintenance, duration of any periods 

during which a CEMS or COMS is 

inoperative, and corresponding 

emission measurements. 

(B) Date, place, and time of 

measurement or monitoring equipment 

maintenance activity; 

(C) Operating conditions at the time of 

measurement or monitoring equipment 

maintenance activity; 

(D) Date, place, name of company or 

entity that performed the measurement 

or monitoring equipment maintenance 

activity and the methods used; and 

(E) Results of the measurement or 

monitoring equipment maintenance. 

(vi) Records of ammonia 

consumption, as recorded by the 

instrumentation required in paragraph 

(i)(6)(ii) of this section. 

(vii) Records of all major maintenance 

activities conducted on emission units, 

air pollution control equipment, CEMS, 

and lime production measurement 

devices. 

(viii) All other records specified by 40 

CFR part 60, appendix F, Procedure 1. 

(8) Reporting. All reports required 

under this section shall be submitted by 

the owner/operator to the Director, 

Enforcement Division, U.S. 

Environmental Protection Agency, 

Region 9, electronically via email to 

aeo_r9@epa.gov. Any data that are 

required under this section shall be 

submitted in Excel format. Reports 

required under paragraphs (i)(8)(iii) 

through (v) of this section shall be 

submitted within 30 days after the 

applicable compliance date(s) in 

paragraph (i)(4) of this section and at 

least semiannually thereafter, within 30 

days after the end of a semiannual 

period. The owner/operator may submit 

reports more frequently than 

semiannually for the purposes of 

synchronizing reports required under 

this section with other reporting 

requirements, such as the title V 

monitoring report required by 40 CFR 

70.6(a)(3)(iii)(A), but at no point shall 

the duration of a semiannual period 

exceed six months. 

(i) Prior to commencing construction 

of the ammonia injection system, the 

owner/operator shall submit to EPA a 

summary report of the design of the 

SNCR system. Elements of this summary 

report shall include: Reagent type, 

description of the locations selected for 

reagent injection, reagent injection rate 

(expressed as a molar ratio of reagent to 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21181 

NOX), equipment list, equipment 

arrangement, and a summary of kiln 

characteristics that were relied upon as 

the design basis for the SNCR system. 

(ii) By October 3, 2017, the owner/

operator shall submit to EPA a summary 

of any process improvement or 

debugging activities that were 

performed on the SNCR system. 

Elements of this summary report shall 

include: a description of each process 

adjustment performed on the SNCR 

system, a discussion of whether the 

adjustment affected NOX emission rate 

(including CEMS data that may have 

been recorded while the adjustment was 

in progress), a description of the range 

(if applicable) over which the 

adjustment was examined, and a 

discussion of how the adjustment will 

be reflected or accounted for in kiln 

operating practices. In addition, to the 

extent that the owner/operator evaluates 

the impact of varying reagent injection 

rate on NOX emissions, the owner/

operator shall include the following 

information: the range of reagent 

injection rates evaluated (expressed as a 

molar ratio of reagent to average NOX

concentration), reagent injection rate, 

average NOX concentration, lime 

production rate, kiln flue gas 

temperature, and the presence of any 

detached plumes from the kiln exhaust. 

(iii) The owner/operator shall submit 

a report that lists the daily rolling 30- 

kiln operating day emission rates for 

NOX and SO2, calculated in accordance 

with paragraphs (i)(6)(iii) and (iv) of this 

section. 

(iv) The owner/operator shall submit 

a report that lists the monthly rolling 

12-month emission rates for NOX and 

SO2, calculated in accordance with 

paragraphs (i)(6)(v) and (vi) of this 

section. 

(v) The owner/operator shall submit 

excess emissions reports for NOX and 

SO2 limits. Excess emissions means 

emissions that exceed any of the 

emissions limits specified in paragraph 

(i)(3) of this section. The reports shall 

include the magnitude, date(s), and 

duration of each period of excess 

emissions; specific identification of 

each period of excess emissions that 

occurs during startups, shutdowns, and 

malfunctions of the kiln; the nature and 

cause of any malfunction (if known); 

and the corrective action taken or 

preventative measures adopted. 

(vi) The owner/operator shall submit 

a summary of CEMS operation, to 

include dates and duration of each 

period during which the CEMS was 

inoperative (except for zero and span 

adjustments and calibration checks), 

reason(s) why the CEMS was 

inoperative and steps taken to prevent 

recurrence, and any CEMS repairs or 

adjustments. 

(vii) The owner/operator shall submit 

results of all CEMS performance tests 

required by 40 CFR part 60, Appendix 

F, Procedure 1 (Relative Accuracy Test 

Audits, Relative Accuracy Audits, and 

Cylinder Gas Audits). 

(viiii) When no excess emissions have 

occurred or the CEMS has not been 

inoperative, repaired, or adjusted during 

the reporting period, the owner/operator 

shall state such information in the 

semiannual report. 

(9) Notifications. All notifications 

required under this section shall be 

submitted by the owner/operator to the 

Director, Enforcement Division (Mail 

Code ENF–2–1), U.S. Environmental 

Protection Agency, Region 9, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. 

(i) The owner/operator shall submit 

notification of commencement of 

construction of any equipment which is 

being constructed to comply with the 

NOX emission limits in paragraph (i)(3) 

of this section. 

(ii) The owner/operator shall submit 

semiannual progress reports on 

construction of any such equipment. 

(iii) The owner/operator shall submit 

notification of initial startup of any such 

equipment. 

(10) Equipment operations. (i) At all 

times, including periods of startup, 

shutdown, and malfunction, the owner/ 

operator shall, to the extent practicable, 

maintain and operate the kilns, 

including associated air pollution 

control equipment, in a manner 

consistent with good air pollution 

control practices for minimizing 

emissions. Pollution control equipment 

shall be designed and capable of 

operating properly to minimize 

emissions during all expected operating 

conditions. Determination of whether 

acceptable operating and maintenance 

procedures are being used will be based 

on information available to the Regional 

Administrator, which may include, but 

is not limited to, monitoring results, 

review of operating and maintenance 

procedures, and inspection of the kilns. 

(ii) After completion of installation of 

ammonia injection on a kiln, the owner/ 

operator shall inject sufficient ammonia 

to achieve compliance with the NOX

emission limits from paragraph (i)(3) of 

this section for that kiln while 

preventing excessive ammonia 

emissions. 

(11) Enforcement. Notwithstanding 

any other provision in this 

implementation plan, any credible 

evidence or information relevant as to 

whether the kiln would have been in 

compliance with applicable 

requirements if the appropriate 

performance or compliance test had 

been performed can be used to establish 

whether or not the owner/operator has 

violated or is in violation of any 

standard or applicable emission limit in 

the plan. 

[FR Doc. 2015–08883 Filed 4–16–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0581; FRL–9926–52– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Idaho: 

Interstate Transport of Fine Particulate 

Matter 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: On June 28, 2010, the State of 

Idaho submitted a State Implementation 

Plan (SIP) revision to the Environmental 

Protection Agency (EPA) to address 

certain interstate transport requirements 

of the Clean Air Act (CAA). The EPA 

finds that the Idaho SIP meets the CAA 

interstate transport requirements that 

the SIP contain adequate provisions 

prohibiting air emissions that will 

contribute significantly to 

nonattainment or interfere with 

maintenance of the 2006 24-hour PM2.5

NAAQS in any other state. 

DATES: This final rule is effective on 

May 18, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2013–0581. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which 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 http://

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–150, 1200 Sixth 

Avenue, Seattle, Washington 98101. The 

EPA requests that you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 


asabaliauskas on DSK5VPTVN1PROD with RULES