40 CFR Part 60, Subpart Da - Standards of Performance for Electric Utility Steam Generating Units

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action applies only to sources located in Bernalillo County, New Mexico, and does not extend to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to ABCAQCB, and taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB.

The New Mexico Environment Department (NMED) has submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Bernalillo County, New Mexico, or sources located in Indian Country. EPA is providing notice that it has approved delegation of certain NSPS to NMED, and taking direct final action to approve the delegation of certain NESHAPs to NMED.

This action finalizes amendments to new source performance standards (NSPS) for the oil and natural gas sector. On August 16, 2012, the Environmental Protection Agency (EPA) published final NSPS for the oil and natural gas sector. The Administrator received petitions for administrative reconsideration of certain aspects of the standards. Among issues raised in the petitions were time-critical issues related to certain storage vessel provisions and well completion provisions. On July 17, 2014 (79 FR 41752), the EPA published proposed amendments and clarifications as a result of reconsideration of certain issues related to well completions, storage vessels and other issues raised for reconsideration as well as technical corrections and amendments to further clarify the rule. This action finalizes these amendments and corrects technical errors that were inadvertently included in the final standards.

The Environmental Protection Agency (EPA) is taking final action on its reconsideration of the startup and shutdown provisions in the final rules titled, “National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units.” The national emission standards for hazardous air pollutants (NESHAP) issued pursuant to Clean Air Act (CAA) section 112 are referred to as the Mercury and Air Toxics Standards (MATS), and the new source performance standards (NSPS) issued pursuant to CAA section 111 are referred to as the Utility NSPS. On November 30, 2012, the U.S. Environmental Protection Agency (EPA) granted reconsideration of, proposed, and requested comment on a limited set of issues in the February 16, 2012, final MATS and Utility NSPS, including certain issues related to the final work practice standards applicable during startup periods and shutdown periods. On June 25, 2013, the EPA reopened the public comment period for the reconsideration issues related to the startup and shutdown provisions of MATS and the startup and shutdown provisions related to the particulate matter (PM) standard in the Utility NSPS. The EPA is now taking final action on the standards applicable during startup periods and shutdown periods in MATS and on startup and shutdown provisions related to the PM standard in the Utility NSPS.

This action informs the public that on February 27, 2014, the EPA authorized automatic delegation to implement and enforce Clean Air Act (CAA) New Source Performance Standards (NSPS) to the states of Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming (hereafter Region 8 states). Also in this action, EPA is taking direct final action to delete the delegation status table of NSPS for Region 8 states in the Code of Federal Regulations (CFR) and replace it with a Web page address reflecting current delegation status of Region 8 states.

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action applies only to sources located in Bernalillo County, New Mexico, and does not extend to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to ABCAQCB, and taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB.

The U.S. Environmental Protection Agency (EPA) is proposing this action to correct and clarify certain text of the final action titled “National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units,” which was published in the Federal Register of Thursday, February 16, 2012. We are also proposing to remove rule provisions establishing an affirmative defense for malfunction events in light of a recent court decision on the issue.

On August 5, 2014, The Dow Chemical Company (Dow) requested an Alternative Means of Emission Limitation (AMEL) under the Clean Air Act (CAA) in order to operate pressure-assisted multi-point ground flares at its Propane Dehydrogenation Plant and its Light Hydrocarbons Plant at its Texas Operations site located in Freeport, Texas. On October 21, 2014, ExxonMobil Chemical Company (ExxonMobil) requested an AMEL under the CAA for its pressure-assisted multi-point ground flares at its' Olefins Plant in Baytown, Texas, and its' Plastics Plant in Mont Belvieu, Texas. In this document, the Environmental Protection Agency (EPA) is soliciting comment on all aspects of the AMEL requests and the resulting alternative operating conditions that are necessary to achieve a reduction in emissions of volatile organic compounds (VOC) and hazardous air pollutants (HAPs) at least equivalent to the reduction in emissions required by various standards in 40 CFR parts 60, 61 and 63 that apply to emission sources controlled by these pressure-assisted multi-point ground flares. These standards point to the operating requirements for flares in the General Provisions to parts 60 and 63, respectively, to comply with the emission reduction requirements. Because pressure-assisted multi-point ground flares cannot meet the velocity requirements in these General Provisions, Dow and ExxonMobil are seeking an AMEL.

On February 7, 2013, the Environmental Protection Agency (EPA) promulgated its final response to petitions for reconsideration of the final new source performance standards (NSPS) and emission guidelines (EG) for commercial and industrial solid waste incineration (CISWI) units that were promulgated on March 21, 2011. Following promulgation of the February 2013 final action, the Administrator received petitions for reconsideration that identified issues that petitioners maintain require additional reconsideration and/or warrant further opportunity for public comment. In this action, the EPA is granting reconsideration on four provisions of the February 2013 final NSPS and EG for CISWI units. In addition, the EPA identified regulatory provisions that require clarification and editorial correction to address inconsistencies and errors in the final rules. The proposed amendments provide additional clarity and improve the implementation of the February 2013 final CISWI standards, but do not have any environmental, energy or economic impacts associated with the proposed action.

This action finalizes amendments to new source performance standards (NSPS) for the oil and natural gas sector. On August 16, 2012, the Environmental Protection Agency (EPA) published final NSPS for the oil and natural gas sector. The Administrator received petitions for administrative reconsideration of certain aspects of the standards. Among issues raised in the petitions were time-critical issues related to certain storage vessel provisions and well completion provisions. On July 17, 2014 (79 FR 41752), the EPA published proposed amendments and clarifications as a result of reconsideration of certain issues related to well completions, storage vessels and other issues raised for reconsideration as well as technical corrections and amendments to further clarify the rule. This action finalizes these amendments and corrects technical errors that were inadvertently included in the final standards.

In this action, the Environmental Protection Agency (EPA) proposes that it has completed its statutory obligation of the Clean Air Act to promulgate emissions standards for source categories accounting for not less than ninety percent of the aggregated emissions of each of the seven hazardous air pollutants enumerated in section 112(c)(6). This document explains the basis for the agency's conclusion that it completed this obligation in February of 2011, identifies the promulgated standards that collectively satisfy the obligation, and provides the public an opportunity to comment.

On November 7, 2014, the Environmental Protection Agency (EPA) proposed amendments to the national emission standards for hazardous air pollutants for Phosphoric Acid Manufacturing and Phosphate Fertilizer Production source categories and to new source performance standards for several phosphate processing categories. The EPA is extending the deadline for written comments on the proposed amendments by 30 days to January 21, 2015. The EPA received requests for an extension from The Fertilizer Institute, several phosphate facilities and a testing company that supports the industry. The Fertilizer Institute has requested the extension in order to allow more time to review the proposed rule and associated emissions data, risk assessment and technology review.

The Environmental Protection Agency (EPA) is issuing this notice in support of the proposed rule, “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” published on June 18, 2014 and the supplemental proposal, “Carbon Pollution Emission Guidelines: Existing Stationary Sources in Indian Country and U.S. Territories; Multi-jurisdictional Partnerships,” issued on October 28, 2014, to provide further discussion of potential approaches for translating the emission rate-based carbon dioxide (CO 2 ) goals that the EPA has proposed for each affected jurisdiction to an equivalent mass-based metric.

On June 18, 2014, the Environmental Protection Agency (EPA) proposed emission guidelines for states to follow in developing plans to address greenhouse gas (GHG) emissions from existing fossil fuel-fired electric generating units (EGUs). In this supplemental action, the EPA is proposing emission guidelines for U.S. territories and areas of Indian country with existing fossil fuel-fired EGUs. Specifically, the EPA is proposing rate-based goals for carbon dioxide (CO 2 ) emissions for U.S. territories and areas of Indian country with existing fossil fuel-fired EGUs, as well as guidelines for plans to achieve those goals. The EPA is also soliciting comment on authorizing jurisdictions (including any states, territories and areas of Indian country) without existing fossil fuel-fired EGUs subject to the proposed emission guidelines to partner with jurisdictions (including any states) that do have existing fossil-fuel fired EGUs subject to the proposed emission guidelines in developing multi-jurisdictional plans. The EPA is also soliciting comment on the treatment of renewable energy, demand-side energy efficiency and other new low- or non-emitting electricity generation across international boundaries in a state plan. This supplemental proposed rule would continue progress already underway to reduce CO 2 emissions from existing fossil fuel-fired power plants in the United States.

The Environmental Protection Agency (EPA) is issuing this notice of data availability (NODA) in support of the proposed rule titled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” which was published on June 18, 2014. In this document, the EPA is providing additional information on several topics raised by stakeholders and is soliciting comment on the information presented. The three topic areas are the emission reduction compliance trajectories created by the interim goal for 2020 to 2029, certain aspects of the building block methodology, and the way state-specific carbon dioxide (CO 2 ) goals are calculated.

The Environmental Protection Agency (EPA) published in the Federal Register on September 25, 2014, an extending the comment period for the proposed rule titled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units” by 45 days. Inadvertently, that proposed rule included an incorrect digit in the docket number for the proposed rule. This proposed rule corrects that error.

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the proposed rule published on June 18, 2014, titled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units” is being extended by 45 days.

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the July 9, 2014, proposed rule titled “Standards of Performance for Grain Elevators” is being extended by 30 days.

The Environmental Protection Agency (EPA) is proposing amendments to the Standards of Performance for Grain Elevators as a result of the 8-year review of the new source performance standards required by the Clean Air Act. We are proposing to clarify certain provisions in the existing subpart DD. The EPA is also proposing a new subpart DDa for grain elevators, which would apply to affected facilities that commence construction, modification or reconstruction after July 9, 2014 and includes the proposed clarifications for subpart DD and several new provisions. In response to Executive Order 13563, Improving Regulation and Regulatory Review, the EPA conducted an analysis of subpart DD. In considering the directives of the Executive Order, the EPA conducted several analyses to determine the effectiveness of subpart DD, to determine whether subpart DD is still relevant, and to determine whether subpart DD is excessively burdensome. Based on the results of these analyses, the EPA concluded that subpart DD is still effective, relevant and not excessively burdensome.