24218 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 

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 29, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 17, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

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. 

Subpart E—Arkansas 

■ 2. In § 52.170(c), the table titled ‘‘EPAApproved Regulations in the Arkansas 

SIP’’ is amended by revising the heading 

and entries for ‘‘Arkansas Regulation 

No. 9: Permit Fees,’’ to read as follows: 

§ 52.170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP 

State citation Title/ 

subject 

State 

submittal/ 

effective 

date 

EPA approval date Explanation 

*******

Regulation No. 9: Fee Regulation 

Chapter 1 .................. Title ........................... 7/9/2012 4/30/2015 [Insert FR citation].

Chapter 2 .................. Definitions ................. 7/9/2012 4/30/2015 [Insert FR citation].The following definitions do not relate to the air program and are not being approved into the SIP: 

‘‘Category’’, ‘‘Certificate’’, ‘‘Confined Animal Operation’’, ‘‘Discretionary Major Facility’’, ‘‘Evaluation’’, 

‘‘Laboratory‘‘, ‘‘Major Municipal Facility’’, ‘‘Non-Municipal Major Facility’’, ‘‘Parameter’’, ‘‘Program’’. 

Chapter 3 .................. Permit Fee Payment 7/9/2012 4/30/2015 [Insert FR citation].

Chapter 5 .................. Air Permit Fees ......... 7/9/2012 4/30/2015 [Insert FR citation].

Chapter 9 .................. Administrative Procedures.7/9/2012 4/30/2015 [Insert FR citation].

* * * * * 

[FR Doc. 2015–09905 Filed 4–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2009–0234 and EPA–HQ– 

OAR–2011–0044; FRL–9926–74–OAR] 

RIN 2060–AR62 

Reconsideration on the Mercury and 

Air Toxics Standards (MATS) and the 

Utility New Source Performance 

Standards; Final Action 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final action denying 

petitions for reconsideration. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is providing 

notice that it has responded to 23 

petitions for reconsideration of the final 

rules titled National Emission Standards 

for Hazardous Air Pollutants (NESHAP) 

From Coal- and Oil-Fired Electric Utility 

Steam Generating Units and Standards 

of Performance (NSPS) for Fossil-FuelFired Electric Utility, IndustrialCommercial-Institutional, and Small 

Industrial-Commercial-Institutional 

Steam Generating Units, published in 

the Federal Register on February 16, 

2012. The agency previously granted 

reconsideration on several discrete 

issues and took final action on 

reconsideration through documents 

published in the Federal Register on 

April 24, 2013, and November 19, 2014. 

The Administrator denied the remaining 

requests for reconsideration in separate 

letters to the petitioners dated April 21, 

2015. A document providing a full 

explanation of the agency’s rationale for 

each denial is in the docket for these 

rules. 

DATES: Effective April 30, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jim Eddinger, Sector Policies and 

Programs Division (D243–01), Office of 

Air Quality Planning and Standards, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

5426; fax number: (919) 541–5450; 

email address: eddinger.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. How can I get copies of this document 

and other related information? 

This Federal Register document, the 

petitions for reconsideration, the letters 

denying the petitions for 

reconsideration, and the document 

titled ‘‘Denial of Petitions for 


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Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 24219 

Reconsideration of Certain Issues: 

MATS and Utility NSPS’’ 

(Reconsideration Response Document) 

are available in the dockets the EPA 

established under Docket ID No. EPA– 

HQ–OAR–2009–0234 and Docket ID No. 

EPA–HQ–OAR–2011–0044. The 

Reconsideration Response Document is 

available in both the MATS and Utility 

NSPS dockets by conducting a search of 

the title ‘‘Denial of Petitions for 

Reconsideration of Certain Issues: 

MATS and Utility NSPS.’’ All 

documents in the dockets 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), Room 

3334, EPA WJC West Building, 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 and the 

Reconsideration Response Document 

denying the petitions can also be found 

on the EPA’s Web site at http://

www.epa.gov/ttn/atw/utility/

utilitypg.html. 

II. Judicial Review 

Section 307(b)(1) of the Clean Air Act 

(CAA) indicates which Federal Courts of 

Appeals have venue for petitions for 

review of final EPA actions. This section 

provides, in part, that the petitions for 

review must be filed in the Court of 

Appeals for the District of Columbia 

Circuit if: (i) The agency action consists 

of ‘‘nationally applicable regulations 

promulgated, or final action taken, by 

the Administrator,’’ or (ii) such actions 

are locally or regionally applicable, if 

‘‘such action is based on a 

determination of nationwide scope or 

effect and if in taking such action the 

Administrator find and publishes that 

such action is based on such a 

determination.’’ 

The EPA has determined that its 

actions denying the petitions for 

reconsideration are of nationwide scope 

and effect for purposes of section 

307(d)(1) because the actions directly 

affect the ‘‘National Emission Standards 

for Hazardous Air Pollutants (NESHAP) 

From Coal- and Oil-Fired Electric Utility 

Steam Generating Units and Standards 

of Performance (NSPS) for Fossil-FuelFired Electric Utility, IndustrialCommercial-Institutional, and Small 

Industrial-Commercial-Institutional 

Steam Generating Units,’’ both of which 

were found to be of nationwide scope 

and effect. Thus, any petitions for 

review of the EPA’s decisions denying 

petitioners’ requests for reconsideration 

must be filed in the United States Court 

of Appeals for the District of Columbia 

Circuit by June 29, 2015. 

III. Description of Action 

On February 16, 2012, pursuant to 

sections 111 and 112 of the CAA, the 

EPA published the final rules titled 

‘‘National Emission Standards for 

Hazardous Air Pollutants from Coaland Oil-Fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units’’ (77 FR 9304). The 

NESHAP rule issued pursuant to CAA 

section 112 is referred to as the Mercury 

and Air Toxics Standards (MATS), and 

the NSPS rule issued pursuant to CAA 

section 111 is referred to as the Utility 

NSPS. Following promulgation of the 

final rules, the Administrator received 

petitions for reconsideration of 

numerous provisions of both MATS and 

the Utility NSPS pursuant to CAA 

section 307(d)(7)(B). 

The EPA received 20 petitions for 

reconsideration of the MATS rule and 3 

petitions for reconsideration of the 

Utility NSPS. The EPA received 

petitions for reconsideration of the 

MATS rule from the following 

organizations: American Public Power 

Association, ARIPPA, Babcock & 

Wilcox, Basin Electric Power 

Cooperative, Climate Policy Group, Coal 

Utilization Research Council, 

Earthjustice, East Kentucky Power 

Cooperative, Edgecombe/Spruance 

Genco, Edison Mission Energy, 

FirstEnergy, Hawaiian Electric 

Company, Institute of Clean Air 

Companies, International Brotherhood 

of Boilermakers, Power4Georgians, 

Puerto Rico Electric Power Authority, 

Southern Company, State of Texas 

(Texas Commission on Environmental 

Quality, Texas Public Utility 

Commission, Railroad Commission of 

Texas), Utility Air Regulatory Group 

(UARG), and Wolverine Power Supply 

Cooperative. The EPA received petitions 

for reconsideration of the Utility NSPS 

from the following organizations: Air 

Products, State of Texas (Texas 

Commission on Environmental Quality, 

Texas Public Utility Commission, 

Railroad Commission of Texas), and 

UARG. 

CAA section 307(d)(7)(B) states that 

‘‘[o]nly an objection to a rule or 

procedure which was raised with 

reasonable specificity during the period 

for public comment (including any 

public hearing) may be raised during 

judicial review. If the person raising an 

objection can demonstrate to the 

Administrator that it was impracticable 

to raise such objection within such time 

or if the grounds for such objection 

arose after the period for public 

comment (but within the time specified 

for judicial review) and if such objection 

is of central relevance to the outcome of 

the rule, the Administrator shall 

convene a proceeding for 

reconsideration of the rule and provide 

the same procedural rights as would 

have been afforded had the information 

been available at the time the rule was 

proposed. If the Administrator refuses to 

convene such a proceeding, such person 

may seek review of such refusal in the 

United States court of appeals for the 

appropriate circuit (as provided in 

subsection (b)).’’ Thus, the EPA is only 

required to grant a CAA section 

307(d)(7)(B) petition for reconsideration 

if the petitioner demonstrates both: (1) 

That it was impractical to raise the 

objection during the public comment 

period, or that the grounds for such 

objection arose after the public 

comment period but within the time 

specified for judicial review (i.e., within 

60 days after publication of the final 

rulemaking in the Federal Register); and 

(2) that the objection is of central 

relevance to the outcome of the rule. 

On November 30, 2012, the EPA 

issued a proposed rule reconsidering 

certain new source MATS, the 

requirements applicable during periods 

of startup and shutdown for MATS and 

the Utility NSPS (for the PM standard 

only), certain definitional and 

monitoring issues in the Utility NSPS, 

and additional technical corrections to 

both MATS and the Utility NSPS (77 FR 

71323). On April 24, 2013, the EPA 

issued the final action on 

reconsideration of the new source 

MATS, the definitional and monitoring 

provisions in the Utility NSPS, and the 

technical corrections in both rules (78 

FR 24073). The EPA issued the final 

action on reconsideration of the startup 

and shutdown provisions in the MATS 

and Utility NSPS on November 19, 2014 

(79 FR 68777). In addition, on February 

17, 2015, the EPA proposed additional 

technical corrections to the final MATS 

rule and the Utility NSPS (80 FR 8442). 

These actions addressed many issues 


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24220 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 

raised in the petitions for 

reconsideration of the final MATS rule 

and the Utility NSPS. 

On April 21, 2015, the Administrator, 

Gina McCarthy, signed letters to 

petitioners denying the remaining issues 

in the petitions for reconsideration. The 

EPA carefully reviewed the petitions 

and evaluated each issue raised in the 

petitions for reconsideration to 

determine if they meet the CAA section 

307(d)(7)(B) criteria for reconsideration. 

The EPA denied the remaining issues in 

the petitions for reconsideration because 

they do not meet the criteria for 

reconsideration and/or are moot as 

explained in detail in the 

Reconsideration Response Document. 

That document articulates in detail the 

rationale for the EPA’s final response to 

each of the remaining issues in the 

petitions for reconsideration received on 

the final MATS rule and the Utility 

NSPS. 

As explained in the Reconsideration 

Response Document, a significant 

majority of the issues raised in the 

petitions for reconsideration were or 

could have been raised in comments on 

the proposed MATS and Utility NSPS. 

In addition, many of the parties that 

filed petitions for reconsideration of the 

final MATS and Utility NSPS also filed 

petitions for review of the final rules in 

the United States Court of Appeals for 

the District of Columbia Circuit (Court 

or D.C. Circuit). Many of the issues 

raised in the petitions for 

reconsideration were also raised in the 

D.C. Circuit litigation, and other 

reconsideration issues could have been 

raised in that litigation. On April 15, 

2014, the Court denied all petitions for 

review of MATS and the Utility NSPS. 

White Stallion Energy Center v. EPA, 

784 F.3d 1222 (D.C. Cir. 2014); cert. 

granted, State of Michigan v. EPA, No. 

14–46 (and consolidated cases). As the 

Court may only consider issues raised 

during the period for public comment, 

issues raised in the litigation and 

addressed by the Court clearly do not 

meet the criteria for reconsideration in 

CAA section 307(d)(7)(B). Moreover, 

parties may not use this final action 

denying reconsideration as a basis to 

litigate issues that could have been 

raised in the initial litigation. 

Dated: April 21, 2015. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2015–10118 Filed 4–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R06–OAR–2013–0763; FRL–9927–00– 

Region 6] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Texas, Oklahoma, 

Arkansas, New Mexico, and the City of 

Albuquerque, New Mexico; Control of 

Emissions From Existing Sewage 

Sludge Incinerator Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve Clean Air Act (CAA) 

section 111(d)/129 negative declarations 

for the States of Texas, Oklahoma, 

Arkansas, New Mexico, and the City of 

Albuquerque, New Mexico, for existing 

sewage sludge incinerator (SSI) units. 

These negative declarations certify that 

existing SSI units subject to the 

requirements of sections 111(d) and 129 

of the CAA do not exist within the 

jurisdictions of Texas, Oklahoma, 

Arkansas, and New Mexico (including 

the City of Albuquerque). EPA is 

accepting the negative declarations in 

accordance with the requirements of the 

CAA. 

DATES: This rule is effective on June 29, 

2015 without further notice, unless EPA 

receives relevant adverse comment by 

June 1, 2015. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2013–0763, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Mr. Kenneth W. Boyce at 

boyce.kenneth@epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2013–0763. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

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: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kenneth Boyce, (214) 665–7259, email 

address boyce.kenneth@epa.gov. To 

inspect the hard copy materials please 

contact Mr. Boyce or Mr. Bill Deese at 

(214) 665–6645. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’ ‘‘us’’ 

and ‘‘our’’ means the EPA. 

Outline 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

EPA’s statutory authority for the 

regulation of new and existing solid 

waste incineration units is outlined in 

CAA sections 129 and 111. Section 129 

of the CAA is specific to solid waste 

combustion and requires EPA to 

establish performance standards for 

each category of solid waste 

incineration units. These standards 

include new source performance 

standards (NSPS), applicable to new 

units, and emissions guidelines and 

other requirements applicable to 


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