William C. Herz 

Vice President, 

Scientific Programs 

2918406v1/21436-0021 

Capitol View 202.962.0490 

425 Third Street, S.W., Suite 950 202.962.0577 fax 

Washington, DC 20024 www.tfi.org 

February 22, 2012 

VIA ELECTRONIC SUBMISSION

U.S. EPA Docket Center (EPA/DC) 

U.S. Environmental Protection Agency 

Mailcode 2822T 

1200 Pennsylvania Ave., N.W. 

Washington, DC 20460 

http://www.regulations.gov 

Re: Additional Information Regarding EPA’s New Source 

Performance Standards Review for Nitric Acid Plants, Docket No. 

EPA-HQ-OAR-2010-0750________________________________

Dear Sir or Madam: 

On November 28, 2011, The Fertilizer Institute (TFI), on behalf of its member companies, 

submitted comments to the U.S. Environmental Protection Agency’s (EPA or Agency) regarding 

its proposed rule entitled New Source Performance Standards Review for Nitric Acid Plants

(hereinafter “Proposal”). See EPA-HQ-OAR-2010-0750-098 (hereinafter “TFI Cmts.”). The 

comment period for the Proposal closed on November 28, 2011. 76 Fed. Reg. 63,878 (Oct. 14, 

2011). Thereafter, TFI learned that following its receipt of TFI’s and other stakeholders’ 

comments, EPA has continued to meet selectively with certain stakeholders to discuss and 

analyze its Proposal, as well as alternatives to the Proposal regarding the New Source 

Performance Standard (NSPS) for oxides of nitrogen (NOx) emitted from nitric acid plants under 

40 C.F.R. Part 60, Subpart G (and proposed Subpart Ga). 

Given these meetings and subsequent requests for, and the receipt of, additional information, 

EPA continues to consider data and information that was not submitted to the docket prior to its 

closing. TFI submits this letter to supplement its comments, and to provide EPA with additional, 

new information relevant to its review and ongoing analyses. 

On January 4, 2012, the Tennessee Department of Environment and Conservation (TDEC) 

issued Prevention of Significant Deterioration (PSD) permits to US Nitrogen, LLC for the 
U.S. EPA Docket Center 

February 21, 2012 

Page 2 

construction of an integrated nitrogen fertilizer facility in Greene County, Tennessee.1

 The 

facility will produce ammonium nitrate solution, including anhydrous ammonia and nitric acid. 

Under the permit for the nitric acid plant (NAP) at the facility, the NAP is subject to current 

NSPS standards set forth in 40 C.F.R. Part 60, Subpart G. When EPA finalizes the Proposal, 

however, the new NSPS at Subpart Ga will apply to the NAP. Despite this condition, and 

contrary to the Proposal’s 0.50 lb NOx per ton of nitric acid produced (hereinafter “lb 

NOx/tHNO3”) emission limit measured on a 30-day rolling average, the permit sets an emission 

limit of 1.0 lb NOx/tHNO3 (100%), measured on a rolling 3-hour average, excluding startup, 

shutdown, and malfunction (SSM) events, and an emission limit of 0.6 lb NOx/tHNO3 (100%), 

measured on a 365-day rolling period, including SSM events. The NAP will use selective 

catalytic reduction (SCR) as a NOx emissions control. 

The NAP permit is precedent setting, in that it represents the first NAP permitted under EPA’s 

PSD Tailoring Rule for Greenhouse Gases. More importantly here, however, is that it represents 

perhaps the most recent application of Best Available Control Technology (BACT) for a NAP 

with respect to NOx. As set forth in TFI’s comments, by statutory design, BACT is far more 

stringent than NSPS, the latter of which merely represents the floor for emission limits, and thus, 

cannot be lower than BACT. TFI Cmts. at 24. Here, like the recent consent decree examples 

cited by TFI in its comments,2 the application of BACT has resulted in emission limitations 

greater than those in the Proposal, and measured on a 365-day rolling basis, an interval 

supported by TFI. TFI Cmts. at 20 (the 365-day rolling average is the most appropriate to 

account for SSM events as well as to balance out seasonal impacts to emissions).3 

This outcome calls into question EPA’s conclusion in its Proposal that an emission limit of 0.50 

lb NOx/tHNO3 is achievable. See id. at 7-13. This is particularly true given that unlike the NAPs 

relied upon to produce the limit in the Proposal, which were at least 10 years old,4

 the U.S. 

Nitrogen NAP will be newly constructed, and thus, likely would represent the state of the art in 

terms of emissions reduction capabilities based on the most modern controls and design 

efficiencies.5

 

1

 Copies of the permits are enclosed for your convenience. 

2

 TFI Cmts. at 24 & n. 111 (EPA’s consent decrees with Agrium U.S., Inc. and Terra Industries, Inc. resulted in 

emission limits of 0.61 and 0.60 lb NOx/tHNO3 (100%), measured on a 365-day rolling average). 

3

 Not only does the Proposal subject NAPs like the U.S. Nitrogen NAP to two completely different, and noncomplementary, standards for a single pollutant, it essentially renders the BACT/PSD program moot because NAPs 

will be forced to operate in a manner that produces compliance with the lowest emission limit. This result is 

contrary to the Congressional intent of setting an industry-wide emission limit floor with the NSPS program, and 

then fine tuning additional reductions on a facility-by-facility basis though the BACT/PSD program. Thus, for 

example, whatever factors compelled TDEC to conclude that the NOx emission limits in the permit were BACT for 

the U.S. Nitrogen NAP will be nullified and washed away once (if) EPA finalizes the Proposal. 

4

 TFI Cmts. at 8; see also 76 Fed. Reg. at 63,883. 

5

 Consistent with TFI’s comments that often NAPs (or components thereof) are moved from place to place, rather 

than purchased new, see TFI Cmts. at 5, TFI understands that many of the components of the US Nitrogen NAP will 

be brought to Tennessee from elsewhere, and thus, are not newly fabricated. TFI also understands, however, that the 

SCR and NO2 controls will be newly fabricated. 
U.S. EPA Docket Center 

February 21, 2012 

Page 3 

Based on this new information, as well as similar information noted in TFI’s comments, TFI 

again urges EPA to reconsider its Proposal in order to develop an achievable NSPS for NOx

emissions from NAPs. To that end, TFI requests a meeting with EPA to discuss TFI’s comments 

on the Proposal, as well as EPA’s current thinking regarding revisions to the same. 

Should you have any questions regarding these comments, or TFI’s comments submitted on 

November 28, 2011, please call me directly at (202) 515-2706. 

Sincerely yours, 

William C. Herz 

Vice President of Scientific Programs 

Enclosures