7728 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

1 Document ID EPA–R02–OAR–2012–0457–0007 

and EPA–R02–OAR–2012–0457–0008 in docket 

EPA–R02–OAR–2012–0457. 

is published in the Federal Register. 

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 April 11, 2022. 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. 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, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: February 4, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

For the resons set out in the preamble, 

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 BB—Montana 

§ 52.1370 [Amended] 

■ 2. In § 52.1370, the table in paragraph 

(c) is amended by removing the entry 

‘‘17.8.334’’ under the heading ‘‘(ii) 

Administrative Rules of Montana, 

Subchapter 03, Emission Standards’’. 

[FR Doc. 2022–02737 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2020–0438; FRL–9315–02– 

R2] 

Approval and Promulgation of Air 

Quality Implementation Plans; United 

States Virgin Islands; Regional Haze 

Federal Implementation Plan; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On October 22, 2012, the EPA 

published a final rule in the Federal 

Register promulgating a Federal 

Implementation Plan (FIP) to address 

regional haze obligations for the 

Territory of the United States Virgin 

Islands. However, at that time, EPA 

erroneously failed to incorporate into 

the Code of Federal Regulations (CFR) 

certain emission limits that had been 

determined to be necessary to satisfy 

those obligations and that had been 

proposed and included in the docket for 

the action. EPA is correcting this error 

by incorporating the previously noticed 

limits into the CFR. EPA has not 

reopened any of the previous, 

underlying determinations in this 

action. 

DATES: This final rule is effective on 

March 14, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2020–0438. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) 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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Omar Hammad, Air Planning Section, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3347, 

email address: Hammad.Omar@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

The SUPPLEMENTARY INFORMATION

section is arranged as follows: 

Table of Contents: 

I. What is the background for the action? 

II. What comments were received in response 

to the EPA’s proposed correction? 

III. What action is the EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On February 19, 2021 (86 FR 10227), 

the Environmental Protection Agency 

(EPA) published a Notice of Proposed 

Rulemaking (NPRM) in which the EPA 

proposed to make a technical correction 

adding into the CFR the inadvertently 

omitted Best Available Retrofit 

Technology (BART) table containing the 

potential to emit (PTE) limits necessary 

to satisfy the Virgin Islands’ BART 

obligation. 

On October 22, 2012, EPA published 

a final rule promulgating a Federal 

Implementation Plan (FIP) to address 

regional haze obligations for the 

Territory of the United States Virgin 

Islands. (77 FR 64414). EPA determined 

that certain emission limits for sources 

of visibility impairing pollutants in the 

Virgin Islands were necessary to satisfy 

the requirements of the Clean Air Act 

and EPA’s rules concerning progress 

towards the national goal of preventing 

any future and remedying any existing 

man-made impairment of visibility in 

mandatory Class I areas (also referred to 

as the ‘‘regional haze program’’). In that 

action, however, EPA erroneously failed 

to incorporate into the CFR certain 

emission limits that had been noticed in 

the proposed rule (77 FR 37842, June 

25, 2012) and which were included in 

docket EPA–R02–OAR–2012–0457 

accompanying that proposed rule.1

Specifically, EPA had determined that 

no additional controls were needed to 

satisfy the Best Available Retrofit 

Technology (BART) requirement of the 

Regional Haze Rule, and therefore that 

the subject-to-BART units’ existing PTE 

limits would be incorporated into the 

Virgin Islands’ FIP. See 77 FR 37856. 

EPA is now making a technical 

correction to incorporate the table 

containing the PTE limits necessary to 

satisfy the Virgin Islands’ BART 

obligation into the CFR. 

This rule does not reopen the 

previous determination that the PTE 

limits contained in the docket for the 

2012 final rule represent BART for the 

units determined to be subject-to-BART; 

this action merely corrects an 

inadvertent omission in a previous 

rulemaking. This correction is not 

intended to address current or changed 

circumstances at the subject-to-BART 

units, but merely clarifies what was 

intended to be included in the CFR 

pursuant to the 2012 FIP. 

II. What comments were received in 

response to the EPA’s proposed 

correction? 

In response to the EPA’s February 19, 

2021 proposed correction of the Virgin 

Islands’ FIP, the EPA received 

comments from one commenter, 

Limetree Bay Refining, LLC and 

Limetree Bay Terminals, LLC (together 

‘‘Limetree’’ or ‘‘the commenter’’) and is 

providing responses to the comments 

that were received. The specific 


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comments may be viewed under Docket 

ID Number EPA–R02–OAR–2019–0674 

on the https://www.regulations.gov 

website. 

Comment 1: The commenter argues 

that correcting the erroneously omitted 

BART Measures by adding the 

provisions to the CFR is not a technical 

correction and that it imposes new 

limits. The commenter asserts that, even 

if EPA had some intention of 

promulgating such limits in 2012 when 

it promulgated the Federal 

Implementation Plan (FIP) to address 

regional haze in the Virgin Islands, it 

did not do so. The commenter contends 

that the proposed rule would therefore, 

for the first time, impose BART 

emission limitations on the Limetree 

facility. 

To be effective and enforceable, 

commenter states, the promulgation of 

the proposed limits must comply with 

public notice and comment 

requirements. The commenter maintains 

that the 2012 Proposed Rule described 

various proposed BART determinations 

for sources in the Virgin Islands that 

may be subject to BART, but did not 

propose measures to translate those 

determinations into enforceable 

limitations. 

The commenter asserts that the 

enforceable language now proposed by 

the EPA is nowhere to be found in the 

2012 rulemaking record, neither in the 

Proposed Rule or Final Rule, nor in any 

docketed supporting document. 

Response: This rule does not reopen 

the previous determination that the PTE 

limits contained in the docket for the 

2012 final rule represent BART for the 

units determined to be subject-to-BART. 

This action merely corrects an 

inadvertent omission in a previous 

rulemaking in which EPA intended to, 

but did not, include those PTE limits in 

the Virgin Islands’ FIP. Included in the 

2012 FIP docket, EPA–R02–OAR–2012, 

are two documents that include the PTE 

limits for HOVENSA, EPA–R02–OAR– 

2012–007 and EPA–R02–OAR–2012– 

008. These limits represented current 

operations at the time and were 

determined to constitute BART in the 

2012 FIP. 

The commenter is correct that 

inserting the inadvertently omitted 

BART Measures, specifically the 

emission limitations for SO2, NOX, and 

PM, into the CFR are the first 

codification of these requirements. 

However, the commenter is incorrect 

that those limits were absent from the 

2012 rulemaking record and that EPA 

did not intend to put these limits in the 

FIP in 2012. See 77 FR 37842, 37856. To 

the contrary, the administrative record 

documents EPA’s intention for emission 

limitations and specifically references 

the applicability to the commenter’s 

facility. At page 37856 of the final rule, 

EPA asserts, ‘‘[a]s such, EPA’s Federal 

plan includes the establishment of 

emission limits for SO2, NOX, and PM 

equivalent to the potential to emit (PTE) 

for each unit subject to BART, as 

derived from HOVENSA’s permit limit 

conditions.’’ BART is defined in EPA’s 

regulations as an emission limit, 40 CFR 

51.301. It is not possible to satisfy the 

BART requirements without including 

an emission limit reflecting the BART 

determination(s) in the applicable 

implementation plan (in this case, in the 

Virgin Islands’ FIP). See also 40 CFR 

51.308(e)(2) (‘‘The State must submit an 

implementation plan containing 

emission limitations representing 

BART. . . .’’). The commenter’s 

contention that EPA did not intend to 

promulgate emission limits in the FIP 

reflecting the BART determinations 

implies that EPA did not intend to 

satisfy the BART requirement for the 

source and is therefore clearly incorrect. 

Additionally, the BART emission limits 

merely reflect preexisting (as of 2012) 

PTE limits to which the units were 

already subject. Therefore, while this 

action will put the limits in the FIP for 

the first time, it does not represent the 

first time the source has had to comply 

with the relevant limits. 

This technical correction remedies the 

inadvertent omission of the BART limits 

in the CFR. EPA provided opportunity 

for public comment on its determination 

that the subject-to-BART units’ existing 

PTE limits represented BART in the 

2012 FIP rule making. See 77 FR 37842, 

37856 (June 25, 2012). The agency 

further provided an opportunity for 

public comment on whether the PTE 

limits contained in the notice of 

proposed rulemaking for this action 

were the limits EPA determined to be 

BART in 2012. 86 FR 10227, 10227 (Feb. 

19, 2021). EPA has thus provided public 

notice of and an opportunity to 

comment on the limits it is 

incorporating into the Virgin Islands’ 

FIP. 

Comment 2: The commenter states 

that EPA Region 2 did not work with 

Limetree to coordinate these limits. The 

commenter asserts that EPA also does 

not explain how ‘‘maximum 

transparency’’ was served by its failure 

to provide Limetree, the sole affected 

party, any notice of this proposal prior 

to its publication in the Federal 

Register. 

Response: EPA is not proposing to 

change or reopen the BART 

determinations made in the 2012 FIP 

that were based on emission limits that 

were already in place for HOVENSA at 

the time. EPA provided opportunity for 

public comment on the already 

established BART in the 2012 FIP 

rulemaking. See 77 FR 37842, 37856 

(June 25, 2012). EPA is merely making 

a technical correction that takes those 

same PTE limits, which were 

determined to be then-current 

operations, and codifies those limits in 

the CFR. This rulemaking does not 

revisit or change the 2012 

determinations, which were made 

pursuant to a notice and comment 

rulemaking process. See 77 FR 37842, 

37856. HOVENSA, and others, 

commented during that rulemaking. See 

77 FR 64414, 64415–20. 

With respect to commenter’s 

statement that it did not receive any 

notice of this proposal prior to its 

publication in the Federal Register, 

consistent with CAA Section 307(d) and 

general rulemaking processes, the 

proposal being finalized by this action, 

on which the commenter commented, 

was the advance notice. The proposal 

included the establishment of a 

rulemaking docket and provided for the 

acceptance of written comments, data, 

or other documents from ‘‘any person.’’ 

Comment 3: The commenter argues 

that it is clear from the record that the 

omission of any enforceable limits was 

not inadvertent, but rather EPA’s intent 

was to promulgate the restart notice 

requirement at 40 CFR 52.2781(d)(4) in 

lieu of any specific BART limitations. 

The commenter asserts that the restart 

notice procedure is the appropriate 

mechanism for EPA to determine 

whether the FIP should be revised, and 

any revision is required to be 

promulgated through full notice and 

comment procedures. The commenter 

states that the proposed ‘‘correction’’ 

fails to meet the process required by 40 

CFR. 52.2718(d)(4). 

Response: The restart notice 

requirement pertains to the reasonable 

progress requirements, not to BART. 

The commentor is erroneously 

conflating BART with reasonable 

progress. The commenter is incorrect 

that the restart notice requirement was 

intended to be in lieu of BART. See 77 

FR 37842. 

The commenter conflates two distinct 

sets of regional haze requirements: 

Reasonable progress and BART. States’ 

regional haze implementation plans are 

required to include BART emission 

limits pursuant to 40 CFR 51.308(e). 

EPA made BART determinations and 

intended to promulgate BART limits, 

which were to be equivalent to existing 

PTE limits for the subject-to-BART 

sources, in the FIP. 77 FR 37856. The 

passages from EPA’s rulemaking cited 

by commenter refer to EPA’s 


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7730 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

determinations and requirements 

pursuant to a different set of regulatory 

requirements, i.e., the requirements for 

determining the measures in addition to 

BART that are necessary to make 

reasonable progress. Reasonable 

progress is governed by the 

requirements of 40 CFR 51.308(d). The 

restart notice requirement pertains to 

the reasonable progress. See 40 CFR 

52.2781(d)(4) (upon receiving startup 

notification and information from the 

source, ‘‘EPA will revise the FIP as 

necessary, after public notice and 

comment, in accordance with the 

regional haze requirements including 

the ‘reasonable progress’ provisions in 

40 CFR 51.308(d)(1).’’) (emphasis 

added). 

Unrelated to the technical correction 

in this action, in a letter dated June 10, 

2019, EPA responded to Limetree’s 

restart notice, dated June 2, 2019, 

explaining that, upon restart, the 2012 

FIP requires the EPA to assess whether 

additional control measures are 

warranted to meet regional haze 

requirements, including the ‘‘reasonable 

progress’’ provisions in 40 CFR 

51.308(d)(l). 40 CFR 52.2782(d)(3)–(4). 

Limetree will be consulted and included 

in the process of assessing whether new 

control measures are warranted upon 

restart. 

As explained in the response to the 

first comment, above, in the 2012 FIP, 

EPA determined that current operations, 

PTE limits at the time, represented 

BART. EPA determined BART for each 

BART-eligible source using the 

methodology in the Guidelines for Best 

Available Control Retrofit Technology 

(BART) Determinations under the 

Regional Haze Rules, 40 CFR part 51, 

Appendix Y. This action proposes to 

correct the EPA’s failure to codify in the 

CFR the PTE limits that constituted 

current operations at the time and were 

determined to represent BART in the 

2012 FIP. 

Comment 4: The commenter objects to 

the ‘‘arbitrary and extremely limited 

scope’’ of comments that EPA will 

allow, allowing comment on the narrow 

issue of whether the limits in the 

correction are the limits that EPA 

determined to be BART in the 2012 

action. Limetree questions how this 

serves EPA’s stated goal of ‘‘maximum 

transparency.’’ The commenter states 

that EPA must then provide reasonable 

opportunity to comment on the full 

scope of the proposed rule, including 

whether any proposed limits represent 

BART for units determined to be 

subject-to-BART. 

Response: As explained in the 

response to the first comment, above, 

EPA is not reopening any 

determinations previously made in its 

2012 FIP. The scope of this action is not 

to revisit the BART determination itself, 

but to merely make the technical 

correction of adding the emission limit 

reflecting the existing BART 

determination to the CFR. EPA 

determined in 2012 that current 

operations, PTE limits at the time, 

represented BART. EPA determined 

BART for each BART-eligible source 

using the methodology in the Guidelines 

for Best Available Control Retrofit 

Technology (BART) Determinations 

under the Regional Haze Rules, 40 CFR 

part 51, Appendix Y. EPA sought public 

comment on the BART determinations 

and thus satisfied the notice-andcomment requirement in the 2012 

proposed rule. 77 FR 37857. Today’s 

action is simply to put the emission 

limits reflecting the already-finalized 

BART determinations in the FIP. It is 

reasonable for EPA to limit the scope of 

comment consistent with the scope of 

the action being taken. 

Comment 5: Limetree states that it 

objects to EPA not considering current 

conditions and changed circumstances. 

Limetree asserts that previous BART 

determinations are no longer reliable, 

and alternatives are conceivable. 

Response: This action is merely to 

correct an error made in 2012, when 

EPA intended to put the source’s 

preexisting emission limits in the FIP. 

The BART limits are intended to reflect 

the determination that was made based 

on the circumstances that existed in 

2012. As expressed in EPA’s 2012 

rulemaking, current conditions and 

changed circumstances will be 

considered in the context of 

determining whether any additional 

measures, on top of the BART emission 

limits, are necessary pursuant to the 

reasonable progress requirements. See 

40 CFR 52.2781(d)(3) and (4); 77 FR 

37850. Limetree will be consulted in 

any future planning for regional haze 

that impacts the source, which is a 

matter beyond the scope of this 

technical correction. 

If Limetree has made any significant 

modifications or changes to any units, 

that is not within the scope of this 

technical correction. This technical 

correction merely takes the HOVENSA 

BART determinations established in the 

2012 FIP and codifies the same 

determinations in the CFR. Any restarts, 

changes, modifications, or 

reconfigurations in operation will be 

addressed through the restart notice 

steps and the separate reasonable 

progress requirements. The 

reconfiguration of the facility is not the 

subject of this action which merely 

corrects an omission in the 2012 FIP. 

Comment 6: The commenter states 

that BART limits would affect 

operations of the refinery, which was 

recently reconfigured at considerable 

expense in reliance upon the existing 

regulatory requirements and the utility 

of its permits. 

The commenter maintains that EPA 

must specifically allow comment on the 

reliance interests that arise with 

changed circumstances, as well as the 

policy considerations addressing this 

issue that EPA is required to identify in 

a proposed rule. The commenter asserts 

that the FIP has been in place since 

2012, yet not only does the proposed 

rule fail to assess the relevant reliance 

interests, it also fails to consider any 

alternative courses of action. According 

to the commenter, alternatives are thus 

plainly conceivable and, under the 

Supreme Court’s DACA decision, EPA is 

required to assess them. 

Response: Although the commenter is 

correct that the Virgin Islands’ FIP 

promulgated in 2012 did not contain 

emission limits reflecting BART, the 

refinery was nonetheless subject to 

those same emission limits by virtue of 

their existence in the source’s 

preexisting permits. See 77 FR 37856 

(Federal plan was to include emission 

limits ‘‘equivalent to the potential to 

emit (PTE) for each unit subject to 

BART, as derived from HOVENSA’s 

permit limit conditions’’). It therefore is 

not clear how simply codifying the same 

limits in an additional instrument 

would necessitate a change in the 

source’s operations. That is, it is not 

clear how this action implicates 

Limetree’s reliance interests. The 

commenter has offered no factual 

support for the assertion that it relied on 

the absence of BART limits in the Virgin 

Islands’ FIP and that incorporating those 

limits now would significantly affect the 

utility of the sources’ permits. 

Moreover, the commenter fails to 

explain how it has a reliance interest in 

a clerical error made by the agency, 

particularly where it was clear from the 

record for the 2012 rule that EPA 

intended to impose BART limits on this 

source. 

The commenter alleges that U.S. 

Department of Homeland Security et al. 

v. Regents of the University of California 

et al., 140 S.Ct. 1891 (2020) has 

application to the instant rulemaking 

because the inadvertent omission of a 

regulatory provision has allegedly 

resulted in the commenter relying on a 

false perception that no BART emission 

limitations were in place for the 

HOVENSA facility. The potential 

existence of BART alternatives is not 

under consideration because any 

rational analysis of the 2012 rulemaking 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7731 

would indicate that the previously 

applied limitations were to be 

continued but were (as reiterated 

throughout) erroneously omitted. 

As explained above, to the extent the 

source’s operations have changed since 

2012, it was and continues to be EPA’s 

intent to address any changes in 

circumstances via the process laid out 

in 40 CFR 52.2781(d)(4) as appropriate. 

It is clear, however, that EPA intended 

to include BART emission limitations 

for the source in the FIP in 2012 and 

that such limits should have applied 

starting at that time. 

III. What action is the EPA taking? 

The EPA is finalizing a technical 

correction to incorporate the 

erroneously omitted table containing the 

PTE limits necessary to satisfy the 

Virgin Islands’ BART obligation into the 

CFR. 

IV. 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 under the terms of 

Executive Order 12866 and was, 

therefore, not submitted to the Office of 

Management and Budget (OMB) for 

review. This final rule is a technical 

correction. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

provisions of the PRA. Under the PRA, 

a ‘‘collection of information’’ is defined 

as a requirement for ‘‘answers to * * * 

identical reporting or recordkeeping 

requirements imposed on ten or more 

persons * * *.’’ 44 U.S.C. 3502(3)(A). 

The action does not impose any new 

obligations or new enforcement duties 

on any state, local or tribal government 

or the private sector. This final rule is 

a technical correction. 

C. Regulatory Flexibility Act 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, EPA concludes that the 

impact of concern for this rule is any 

significant adverse economic impact on 

small entities and that the agency is 

certifying that this rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule has no net burden on the small 

entities subject to the rule. This action 

merely adds the erroneously omitted 

table to the CFR, it does not change any 

determination included in the FIP. We 

have therefore concluded that this 

action will have no net regulatory 

burden for all directly regulated small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandates, as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal government or the private sector. 

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 tribal governments. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. 

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 (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

Through this action, the EPA is adding 

the erroneously omitted table to the 

CFR; it does not change any 

determination included in the FIP. This 

action does not remove any of the prior 

rule’s environmental or procedural 

protections. 

K. Congress Review Act (CRA) 

This rule is exempt from the CRA 

because it is a rule of particular 

applicability. 

L. Judicial Review 

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 April 11, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for 

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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Michael S. Regan, 

Administrator. 

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 CCC—Virgin Islands 

■ 2. In § 52.2781 paragraph (d)(5) is 

added to read as follows: 

§ 52.2781 Visibility protection. 

* * * * * 

(d) * * * 

(5) Best Available Retrofit Technology 

(BART) measures. Emissions 

limitations, the owners/operators 

subject to this section shall not emit or 

cause to be emitted SO2, NOX, and PM 

in excess of the following limitations: 


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TABLE 1 TO PARAGRAPH (d)(5) 

Facility BART unit 

BART controls/limits 

Control SO2

(tons/year) 

NOX

(tons/year) 

PM 

(tons/year) 

HOVENSA ........ Boilers: 

1 (B–1151) .................. ...................................................................... 330.1 450.6 40.6. 

3 (B–1153) .................. ...................................................................... 330.1 450.6 40.6. 

4 (B–1154) .................. ...................................................................... 322.5 443.5 39.7. 

5 (B–1155) .................. ...................................................................... 484.9 676.9 60.7. 

6 (B–3301) .................. ...................................................................... 330.8 435.3 40.6. 

7 (B–3302) .................. ...................................................................... 330.8 435.3 40.6. 

8 (B–3303) .................. ...................................................................... 640.1 559.8 78.6. 

9 (B–3304) .................. ...................................................................... 640.1 559.8 78.6. 

Turbines: 

GT1 (G–1101E) ........... ...................................................................... 135.5 805.7 12.2. 

GT2 (G–1101F) ........... ...................................................................... 135.5 805.7 12.2. 

GT3 (G–1101G) .......... ...................................................................... 135.5 805.7 12.2. 

GT4 (G–3404) ............. ...................................................................... 161.0 809.5 12.9. 

GT5 (G–3405) ............. ...................................................................... 161.0 766.5 12.9. 

GT6 (G–3406) ............. ...................................................................... 161.0 766.5 12.9. 

GT7 (G–3407) ............. ...................................................................... 161.0 766.5 12.9. 

GT8 (G–3408) ............. ...................................................................... 167.6 1002.1 15.1. 

GT9 (G–3409) ............. Steam Injection for NOX Control ................. 52.2 150.2 14.0. 

Process Heaters: 

H–101 .......................... ...................................................................... 155.5 232.5 19.3. 

H–104 .......................... ...................................................................... 115.5 172.8 17.2. 

H–200 .......................... ...................................................................... 8.1 16.0 1.2. 

H–201 .......................... ...................................................................... 8.2 16.1 1.2. 

H–202 .......................... ...................................................................... 26.6 146.5 4.0. 

H–401A ....................... ...................................................................... 197.6 279.1 24.4. 

H–401B ....................... ...................................................................... 197.6 279.1 24.4. 

H–401C ....................... ...................................................................... 197.6 279.1 24.4. 

H–1401A ..................... ...................................................................... 163.1 388.7 21.1. 

H–1401B ..................... ...................................................................... 155.4 370.2 20.1. 

H–1500 ........................ ...................................................................... 13.0 25.5 2.0. 

H–1501 ........................ ...................................................................... 13.7 26.8 2.0. 

H–160 .......................... ...................................................................... 29.6 163.0 4.4. 

H–600 .......................... ...................................................................... 11.5 22.5 1.7. 

H–601 .......................... ...................................................................... 7.8 15.2 1.2. 

H–602 .......................... ...................................................................... 62.6 344.4 9.4. 

H–603 .......................... ...................................................................... 17.2 33.7 2.6. 

H–604 .......................... ...................................................................... 8.1 15.9 1.2. 

H–605 .......................... ...................................................................... 3.4 6.6 0.5. 

H–606 .......................... ...................................................................... 11.8 23.1 1.8. 

H–800A ....................... ...................................................................... 9.4 18.4 1.4. 

H–800B ....................... ...................................................................... 9.4 18.4 1.4. 

H–801 .......................... ...................................................................... 22.0 121.1 3.3. 

H–2101 ........................ ...................................................................... 116.4 283.2 15.1. 

H–2102 ........................ ...................................................................... 112.7 274.1 14.6. 

H–2201A ..................... ...................................................................... 13.4 26.3 2.0. 

H–2201B ..................... ...................................................................... 13.4 26.3 2.0. 

H–2202 ........................ ...................................................................... 26.1 143.7 3.9. 

H–2400 ........................ ...................................................................... 7.2 14.2 1.1. 

H–2401 ........................ ...................................................................... 24.1 132.5 3.6. 

H–2501 ........................ ...................................................................... 44.5 244.5 6.7. 

H–4502 ........................ ...................................................................... 32.5 178.9 4.9. 

H–4503 ........................ ...................................................................... 30.8 169.6 4.6. 

H–4504 ........................ ...................................................................... 27.6 151.9 4.1. 

H–4505 ........................ ...................................................................... 23.9 131.3 3.6. 

H–3101A ..................... ...................................................................... 356.7 507.1 48.1. 

H–3101B ..................... ...................................................................... 356.7 507.1 48.1. 

H–4101A ..................... ...................................................................... 356.7 507.1 48.1. 

H–4101B ..................... ...................................................................... 356.7 507.1 48.1. 

H–4401 ........................ ...................................................................... 29.4 161.5 4.4. 

H–4402 ........................ ...................................................................... 28.0 153.8 4.2. 

H–4451 ........................ ...................................................................... 83.4 458.7 12.5. 

H–4452 ........................ ...................................................................... 54.3 298.6 8.1. 

H–4453 ........................ ...................................................................... 54.3 298.6 8.1. 

H–4454 ........................ ...................................................................... 16.9 33.1 2.5. 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7733 

TABLE 1 TO PARAGRAPH (d)(5)—Continued 

Facility BART unit 

BART controls/limits 

Control SO2

(tons/year) 

NOX

(tons/year) 

PM 

(tons/year) 

H–4455 ........................ ...................................................................... 30.3 166.6 4.5. 

H–4201 ........................ ...................................................................... 367.7 448.1 44.9. 

H–4202 ........................ ...................................................................... 355.7 433.6 43.4. 

H–5401 ........................ ...................................................................... 29.4 161.5 4.4. 

H–5402 ........................ ...................................................................... 28 153.8 4.2. 

H–5451 ........................ ...................................................................... 83.4 458.7 12.5. 

H–5452 ........................ ...................................................................... 54.3 298.6 8.1. 

H–5453 ........................ ...................................................................... 54.3 298.6 8.1. 

H–5454 ........................ ...................................................................... 16.9 33.1 2.5. 

H–5455 ........................ ...................................................................... 30.3 166.6 4.5. 

H–4601A ..................... ...................................................................... 13.4 26.3 2. 

H–4601B ..................... ...................................................................... 13.4 26.3 2. 

H–4602 ........................ ...................................................................... 26.1 143.7 3.9. 

H–4301A ..................... ...................................................................... 14.6 28.7 2.2. 

H–4301B ..................... ...................................................................... 14.6 28.7 2.2. 

H–4302 ........................ ...................................................................... 26.7 147.1 4. 

H–5301A ..................... ...................................................................... 14.6 28.7 2.2. 

H–5301B ..................... ...................................................................... 14.6 28.7 2.2. 

H–5302 ........................ ...................................................................... 26.7 147.1 4. 

TGT unit No. 2 Beavo: 

H–4761 & T–4761 ....... ...................................................................... 2.0 4.0 1.0. 

TGI units: 

H–1032 ........................ ...................................................................... 1.6 3.1 0.2. 

H–1042 ........................ ...................................................................... 3.3 6.5 0.5. 

H–4745 ........................ ...................................................................... 900.0 28.0 3.0. 

Compressors: 

C–200A ....................... Catalytic Converters for NOX and CO control.0.0 33.1 0.2. 

C–200B ....................... Catalytic Converters for NOX and CO control.0.0 33.1 0.2. 

C–200C ....................... Catalytic Converters for NOX and CO control.0.0 33.1 0.2. 

C–1500A ..................... ...................................................................... 0.0 40.0 0.1. 

C–1500B ..................... ...................................................................... 0.0 40.0 0.1. 

C–1500C ..................... ...................................................................... 0.0 40.0 0.1. 

C–2400A ..................... Catalytic Converters for NOx and CO control.0.0 19.4 0.3. 

C–2400B ..................... Catalytic Converters for NOX and CO control.0.0 19.4 0.3. 

C–4601A ..................... ...................................................................... 0.0 380.6 0.9. 

C–4601B ..................... ...................................................................... 0.0 380.6 0.9. 

C–4601C ..................... ...................................................................... 0.0 380.6 0.9. 

Flares: 

#2 Flare (H–1105) ....... ...................................................................... 150.0 237.0 negligible. 

#3 Flare (H–1104) ....... ...................................................................... 150.0 237.0 negligible. 

#5 Flare (H–3351) ....... ...................................................................... 150.0 237.0 negligible. 

#6 Flare (H–3352) ....... ...................................................................... 150.0 237.0 negligible. 

#7 Flare (H–3301) ....... ...................................................................... 150.0 237.0 negligible. 

Water Pumps: 

PD–1602 ..................... ...................................................................... 1.9 40.6 2.9. 

PD–1603 ..................... ...................................................................... 1.9 40.6 2.9. 

PD–1604 ..................... ...................................................................... 1.9 40.6 2.9. 

PD–1605 ..................... ...................................................................... 1.9 40.6 2.9. 

PD–1620 ..................... ...................................................................... 1.3 27.0 1.9. 

[FR Doc. 2022–02657 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 


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