[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Proposed Rules]
[Pages 62213-62221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21457]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[OAR-2002-0056; FRL-7989-2]
RIN 2060-AN50
Standards of Performance for New and Existing Stationary Sources:
Electric Utility Steam Generating Units: Reconsideration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of reconsideration of final rule; request for public
comment; notice of public hearing.
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SUMMARY: On May 18, 2005, pursuant to section 111 of the Clean Air Act
(CAA), EPA published a final rule, entitled ``Standards of Performance
for New and Existing Stationary Sources: Electric Steam Generating
Units'' (the Clean Air Mercury Rule or CAMR; see 70 FR 28606). The
final rule establishes standards of performance for emissions of
mercury (Hg) from new and existing coal-fired electric utility steam
generating units (Utility Units or EGU).
After the notice of final rule appeared in the Federal Register,
the Administrator received four petitions for reconsideration of
certain aspects of CAMR. In this notice, EPA is announcing
reconsideration of specific issues in CAMR, and we are requesting
comment on those issues.
We are seeking comment only on the aspects of CAMR specifically
identified in this notice. We will not respond to any comments
addressing other provisions of CAMR or any related rulemakings.
DATES: Comments. Comments must be received on or before December 19,
2005. Because of the need to resolve the issues raised in this notice
in a timely manner, EPA will not grant requests for extensions beyond
this date.
Public Hearing. A public hearing will be held on November 17, 2005.
For further information on the public hearing and requests to speak,
see the ADDRESSES section of this preamble.
ADDRESSES: Comments. Submit your comments, identified by ``Docket ID
No. OAR-2002-0056 (Legacy Docket ID No. A-92-55),'' by one of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/edkpub/index.jsp.
EDOCKET, EPA's electronic public docket and comment system, is EPA's
preferred method for receiving comments. Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: Air and Radiation Docket and Information Center,
U.S. EPA, Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington,
DC 20460.
Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, NW., Washington,
DC. Such deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
Instructions. Direct your comments to Docket ID No. OAR-2002-0056
(Legacy Docket ID No. A-92-55). EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://www.epa.gov/edkpub/index.jsp,
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 EDOCKET, regulations.gov, or e-mail. The
EPA EDOCKET and the Federal regulations.gov Web sites are ``anonymous
access'' systems, 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 e-mail comment directly to EPA without going through
EDOCKET or regulations.gov, your e-mail 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.
Public Hearing. The public hearing will run from 8 a.m. to 5 p.m.,
Eastern time, and will be held in Room 111C at the EPA facility,
Research Triangle Park, NC. Persons interested in attending the hearing
or wishing to present oral testimony should notify Ms. Pamela Garrett
at least 2 days in advance of the public hearing (see FOR FURTHER
INFORMATION CONTACT section of this preamble). The public hearing will
provide interested parties the opportunity to present data, views, or
arguments concerning this notice. If no one contacts Ms. Garrett in
advance of the hearing with a request to present oral testimony at the
hearing, we will cancel the hearing. The record for this action will
remain open for 30 days after the date of the hearing to accommodate
submittal of information related to the public hearing.
Docket. All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edkpub/index.jsp. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copy righted 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 in
EDOCKET or in hard copy at the Air and Radiation Docket and Information
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, 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 and Radiation Docket and Information Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Contact Mr. William Maxwell,
Combustion Group, Emission Standards Division, Mail Code: C439-01, U.S.
[[Page 62214]]
EPA, Research Triangle Park, NC 27711; telephone number: (919) 541-
5430; fax number: (919) 541-5450; e-mail address: [email protected].
For questions about the public hearing, contact Ms. Pamela Garrett,
Combustion Group, Emission Standards Division, Mail Code: C439-01,
Environmental Protection Agency, Research Triangle Park, NC 27711;
telephone number: (919) 541-7966; fax number: (919) 541-5450; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION:
Outline. The information presented in this preamble is organized as
follows:
I. General Information
A. Does this reconsideration notice apply to me?
B. How do I submit CBI?
C. How do I obtain a copy of this document and other related
information?
II. Background
III. Today's Action
IV. Discussion of Issues Subject to Reconsideration
A. 2010 Phase I Statewide Hg Emission Budgets and the Unit-level
Hg Emission Allocations on Which Those Budgets are Based
B. Definition of ``Designated Pollutant'' Under 40 CFR 60.21
C. EPA's Subcategorization for Subbituminous Coal-Fired Units in
the Context of the New Source Performance Standards (NSPS)
D. Statistical Analysis Used for the NSPS
E. Hg Content in Coal Used To Derive the NSPS
F. Definition of Covered Units as Including Municipal Waste
Combustors (MWC)
G. Definition of Covered Units as Including Some Industrial
Boilers
V. Issues Not Corrected in the CAMR Technical Corrections Federal
Register Notice
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
I. General Information
A. Does this reconsideration notice apply to me?
Categories and entities potentially affected by today's notice
include:
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NAICS Examples of potentially
Category code \1\ regulated entities
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Industry.......................... 221112 Fossil fuel-fired
electric utility steam
generating units.
Federal government................ \2\ Fossil fuel-fired
221122 electric utility steam
generating units owned
by the Federal
government.
State/local/Tribal government..... \2\ Fossil fuel-fired
221122 electric utility steam
generating units owned
by municipalities.
921150 Fossil fuel-fired
electric utility steam
generating units in
Indian country.
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\1\ North American Industry Classification System.
\2\ Federal, State, or local government-owned and operated
establishments are classified according to the activity in which they
are engaged.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by today's
notice. This table lists examples of the types of entities EPA is now
aware could potentially be regulated by today's notice. Other types of
entities not listed could also be affected. To determine whether your
facility, company, business, organization, etc., is regulated by
today's notice, you should examine the applicability criteria in 40 CFR
60.45Da of the final new source performance standards (NSPS)
amendments. If you have questions regarding the applicability of
today's notice to a particular entity, consult Mr. William Maxwell
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
B. How do I submit CBI?
Do not submit this information to EPA through EDOCKET,
regulations.gov, or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI in a disk or CD ROM that
you mail to EPA, mark the outside of the disk or CD ROM as CBI and then
identify electronically within the disk or CD ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
C. How do I obtain a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
today's notice also will be available on the World Wide Web (WWW)
through EPA's Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of this notice will be posted on the
TTN's policy and guidance page for newly proposed rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control.
II. Background
The Administrator signed CAMR on March 15, 2005, and the final rule
was published in the Federal Register on May 18, 2005. (See 70 FR
28606.) CAMR is based on a notice of proposed rulemaking (NPR) dated
January 30, 2004 (69 FR 4652), wherein EPA proposed two alternative
regulatory approaches. Under the first approach, EPA would retain its
December 2000 ``appropriate and necessary'' finding and the associated
CAA section 112(c) listing of Utility Units and issue final emission
standards under CAA section 112(d). Under the second approach, EPA
would revise its December 2000 ``appropriate and necessary'' finding,
remove Utility Units from the CAA section 112(c) list, and issue final
standards of performance under CAA section 111.
On March 15, 2005, EPA finalized the second regulatory approach.
Specifically, the EPA Administrator signed a final action that revised
the December 2000 appropriate and necessary finding and concluded that
it is not appropriate or necessary to regulate coal- and oil-fired
Utility Units under CAA section 112. (See 70 FR 15994; March 29, 2005.)
EPA took this final action because it believed that the December 2000
finding lacked foundation and because recent information demonstrated
that it is neither appropriate nor necessary to regulate coal- and oil-
fired Utility Units under CAA section 112. Based solely on the revised
finding, EPA removed coal- and oil-fired Utility Units from the CAA
section 112(c) list. (See 70 FR 15994.)
[[Page 62215]]
In CAMR, EPA established NSPS for Hg emissions from new affected
coal-fired Utility Units pursuant to CAA section 111(b). EPA also
created a market-based cap-and-trade program pursuant to CAA section
111(d) that will reduce nationwide utility emissions of Hg from
existing units in two distinct phases. Under this provision of CAMR,
States undergo a process similar to that outlined in State
Implementation Plans (SIP), whereby they detail in a plan submitted to
EPA how they will meet their EPA-established State electric generating
unit Hg budgets under both Phase I and Phase II.
Following promulgation of the final rule, the Administrator
received four petitions for reconsideration pursuant to CAA section
307(d)(7)(B).\1\ The purpose of today's notice is to initiate a process
for responding to certain issues raised in these petitions.\2\
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\1\ One petition was submitted by 14 States: New Jersey,
California, Connecticut, Delaware, Illinois, Maine, Massachusetts,
New Hampshire, New Mexico, New York, Pennsylvania, Rhode Island,
Vermont, and Wisconsin (State petitioners). The second petition was
submitted by five environmental groups: The Natural Resources
Defense Council (NRDC), the Clean Air Task Force (CATF), the Ohio
Environmental Council, the U.S. Public Interest Research Group
(USPIRG), and the Natural Resources Council of Maine. The third
petition was submitted by the Jamestown Board of Public Utilities.
The fourth petition was submitted by the Integrated Waste Service
Association (IWSA).
\2\ In a letter dated August 19, 2005, we informed the
petitioners that we intended to initiate a reconsideration process
for at least one issue raised in the petitions. We indicated that we
would provide particulars in a subsequent Federal Register notice.
This is that notice. Also in that August 19, 2005 letter, we denied
the petitioners request that we administratively stay the CAMR under
CAA section 307(d)(7)(B).
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III. Today's Action
Today, we are granting reconsideration of, and requesting comment
on, certain issues raised in the four petitions for reconsideration.
Generally, the petitioners claim that CAMR contains information that is
of central relevance to the final rule but that was not sufficiently
reflected in the proposed rule. The petitioners, therefore, contend
that they did not have an adequate opportunity to provide input on
these matters during the designated public comment period.
There is a high degree of public interest in CAMR and the public
had three separate opportunities to submit comments on whatever matters
they deemed relevant to the rulemaking, following the January 30, 2004
NPR, the March 16, 2004 Supplemental Notice of Proposed Rulemaking
(SNPR), and the December 1, 2004 Notice of Data Availability (NODA).
EPA received, reviewed, and responded to tens of thousands of comments.
Thus, a robust public discussion of CAMR has already occurred.
Nonetheless, in the interest of ensuring that interested persons have
an ample opportunity to comment on all meaningful aspects of this
important rule, we are granting reconsideration on certain issues and
asking the public for additional comment on those issues. The issues
for which we are granting reconsideration at this time, and for which
we are soliciting comment are discussed below.
Our final decision on reconsideration of all the issues for which
we are not granting reconsideration today will be issued no later than
the date by which we take final action on the issues discussed in
today's action.
IV. Discussion of Issues Subject to Reconsideration
A. 2010 Phase I Statewide Hg Emission Budgets and the Unit-Level Hg
Emission Allocations on Which Those Budgets Are Based
Petitioners state that the Phase I Hg budgets and allocations
appeared for the first time in the final CAMR, making it impracticable
to raise objections during the period provided for public comment.
Although, as noted below, EPA believes that it adequately noticed both
its general intent with regard to the Hg budget and allocation approach
and the specifics of the calculation procedure, we are at this time
opening for public comment the methodology for determining the Phase I
State Hg budgets and the unit-specific allocations on which those
budgets are based.
In the NPR, EPA provided notice of the formula for determining
State EGU Hg budgets. Although this formula was only applied in
deriving the 2018 budgets at that time, the intent to make this formula
applicable to the first-phase State EGU Hg budgets was expressed
specifically in the March 16, 2004 SNPR (69 FR 12398), where EPA stated
(69 FR 12406) ``The January 30, 2004 NPR proposed a formula for
determining the total amount of emissions for the Budget Trading
Program within a specific State for 2010, and, using that same
mechanism, proposed the amount of emissions for the Program within each
State for 2018. That formula is, in essence, the sum of the
hypothetical allocations to each affected Utility Unit in the State * *
*'' EPA then proceeded to outline the process for developing the
hypothetical unit allocations using baseline heat input and the
development of the baseline heat input adjustment factors used in those
calculations. Hypothetical unit Hg allocations for 2018 using the same
methodology that EPA indicated it would apply for 2010, are included in
Appendix B to the preamble to the SNPR (69 FR 12421).
Nevertheless, as stated above, at this time, EPA is soliciting
comments on both the individual State EGU Hg budgets and the unit-
specific allocations on which those budgets are based.
B. Definition of ``Designated Pollutant'' Under 40 CFR 60.21
Petitioners claim that they did not have an opportunity to comment
on EPA's proposed revision of the term ``designated pollutant'' in 40
CFR 60.21. As explained in the NPR, both the House of Representatives
and Senate amended CAA section 111(d) in 1990 and both amendments were
enacted into law. In the NPR, EPA interpreted the two different
amendments to section 111(d) and solicited comment on its
interpretation. EPA then finalized its interpretation of the
conflicting House of Representatives and Senate amendments to CAA
section 111(d) on March 15, 2005. EPA's interpretation is set forth, in
full, in the final action revising EPA's December 2000 appropriate and
necessary finding and removing Utility Units from the CAA section
112(c) list (see 70 FR 15994; the Section 112(n) Revision Rule). EPA
incorporated its interpretation of section 111(d) into CAMR by
reference to the final Section 112(n) Revision Rule.
EPA also explained in CAMR that it was revising the term
``designated pollutant'' at 40 CFR 60.21 because that definition was
promulgated in 1975 and interpreted the 1970 CAA, not the 1990 Act. The
revisions to the term ``designated pollutant'' in the final CAMR
reflect EPA's interpretation of the conflicting amendments to CAA
section 111(d) enacted in 1990, which EPA both proposed and finalized.
However, because EPA did not seek specific comment on the regulatory
change and whether that change is consistent with its interpretation of
CAA section 111(d), as described in the final Section 112(n) Revision
Rule, EPA is requesting comment on the regulatory definition of
``designated pollutant'' contained in the final CAMR.
C. EPA's Subcategorization for Subbituminous Coal-fired Units in the
Context of the New Source Performance Standards (NSPS)
Petitioners assert that the use of the type of control device as a
basis for subcategorization is arbitrary and capricious and relies on
factors not intended by Congress.
[[Page 62216]]
In the NPR (January 30, 2004; 69 FR 4652), EPA proposed to
subcategorize on the basis of the four coal types. (EPA also proposed
to establish a fifth subcategory for integrated gasification combined
cycle (IGCC) units.) We did not propose any subcategorization based on
the type of control device employed. In the final CAMR, we established
subcategories for subbituminous coal-fired units that appear to be
based on the type of pollution control device used for sulfur dioxide
(SO2) control (i.e., wet or dry flue gas desulfurization
(FGD) system). It was not our intent, however, to subcategorize on the
basis of control technology. Rather, our intent was to recognize that
new units located in some areas will have access to an adequate supply
of water while units in other areas will not have such access. Where
adequate water is available, we believe, as stated in the preamble to
CAMR, that wet FGD represents best demonstrated technology (BDT). We
also believe, however, that where adequate water is not available, dry
FGD represents BDT. The two subcategories of subbituminous units thus
reflect our recognition of the impact of not having adequate water
available, not our intent to subcategorize on the basis of control
technology. In order to make this fact clear, we are proposing in
today's notice to specify that where an adequate water supply is
available (i.e., in areas receiving greater than 25 inches per year
(in/yr) mean annual precipitation, based on U.S. Department of
Agriculture 30-year data), new subbituminous coal-fired units must meet
an emission limit based on the use of a wet FGD. Only in situations
where an adequate water supply is not available (i.e., in areas
receiving less than or equal to 25 in/yr mean annual precipitation,
based on U.S. Department of Agriculture 30-year data) may new
subbituminous coal-fired units meet an emission limit based on the use
of dry FGD.
As noted in the preamble for CAMR, we took the position that BDT
could be different for new subbituminous coal-fired units located in
certain areas because of concerns about the availability of water for
Utility Units located in areas of limited mean annual precipitation.
Such units could face potential water restrictions, a nonair quality
environmental impact consideration. Such units are generally located in
the Western part of the U.S. and, thus, generally burn subbituminous
coal. A review of the permits available at promulgation of CAMR (OAR-
2002-0056-6192) indicates that all subbituminous coal-fired units
located in the Western portion of the U.S. are planning on utilizing
dry FGD systems. We recognize that some existing subbituminous coal-
fired units located in the Western portion of the U.S. currently
utilize wet FGD systems. However, with the growth in population in this
region, EPA believes that the possibility exists that such units would
have their water availability curtailed through local or State water
conservation actions (e.g., to make more water available for
agricultural or residential uses during periods of drought), and, thus,
limit their operational status.
EPA does not think it appropriate public policy to preclude use of
this coal type on a regional basis strictly because a new unit may not
be able to acquire the water necessary to operate a wet FGD system
(which requires more water than does a dry FGD system). Because CAA
section 111(b)(2) authorizes EPA to distinguish between classes, types
and sizes within categories of new sources for purposes of establishing
standards, we believe that the above proposed subcategorization is
appropriate. We further believe that the availability of water is a
nonair quality environmental impact within the provisions of CAA
section 111 and, thus, is an appropriate consideration in this case.
EPA is proposing to revise its basis for the subcategorization of
subbituminous coal-fired units. We are proposing that any new unit
locating in an area with a mean annual precipitation of less than or
equal to 25 in/yr, based on U.S. Department of Agriculture 30-year
data, have an emission limit of 97 x 10-6 pounds per
megawatt-hour (lb/MWh) while any new unit locating in an area with a
mean annual precipitation greater than 25 in/yr have an emission limit
of 66 x 10-6 lb/MWh. EPA is soliciting comment on this
expanded definition of its basis for the subcategorization of
subbituminous coal-fired units.
D. Statistical Analysis Used for the NSPS
Petitioners contend that EPA's reanalysis and revision of the NSPS
limits was not subject to public review or comment. The petitioners
further contend that EPA applied an inappropriate statistical analysis
in establishing the level of the NSPS and that the statistical analysis
contains numerical inconsistencies and arithmetic errors.
As with any NSPS analysis, EPA evaluated the controls that effect
the best emission reduction of the pollutant in question (in this case,
Hg). NSPS are based on the ``best system of emission reduction'' (CAA
section 111) rather than on only the ``most efficient units'' as put
forward by the petitioners or on the best-performing units as required
under CAA section 112. EPA determined the ``best system'' for each
subcategory and then developed the NSPS. Similarly, EPA used data from
all units utilizing the ``best system'' in its evaluation of the NSPS
absent any information that a particular unit was not operating their
emission controls appropriately.
Consistent with the development of other NSPS, EPA used statistical
analysis of the data to account for the natural variability in Hg
content in coals and as one measure to account for cost in the NSPS
(i.e., many coal-fired Utility Units may switch coal sources, within
the same coal rank, based on cost; therefore, the analysis included the
highest average content of Hg potentially available).
Although, EPA believes that analysis by subcategory is appropriate
for Hg at this time, it has reviewed its analysis and agrees that the
analysis used for CAMR contains certain inconsistencies and errors.
Therefore, EPA has reanalyzed the data and revised its NSPS analysis.
This revised analysis is provided in the docket and is summarized
below.
For each coal type, information collection request (ICR) emission
test data (ICR-3) were reviewed to identify the units that were using
technologies which were most effective at capturing Hg from coal-fired
power plants (i.e., BDT). The technologies that appeared most effective
in reducing Hg emissions were those that were installed, or likely
would be installed, to comply with the current NSPS standards for
particulate matter and SO2. This combination of controls was
most effective in reducing Hg emissions and, thus, is considered BDT.
For bituminous coal-fired boilers, BDT is considered to be the
combination of a fabric filter (FF) and an FGD system. The FGD may be
either a wet scrubber system (wet FGD) or a spray dryer absorber (SDA;
dry FGD). Of the 27 bituminous coal-fired units listed in ICR-3, 6
units had a combination of a FF and a FGD. For subbituminous coal-fired
units, BDT was determined to be dependent on water availability as
noted above. For new subbituminous coal-fired units that are located
where an adequate water supply is not available, BDT is considered to
be a dry FGD system (i.e., a combination of a FF with a SDA). For new
subbituminous coal-fired units that are located where an adequate water
supply is available, BDT is considered to be a wet FGD system. Of the
27 subbituminous coal-
[[Page 62217]]
fired units listed in ICR-3, 2 units have controls representing BDT for
the ``wet'' subbituminous subcategory and 4 units have controls
representing BDT for the ``dry'' subbituminous subcategory. For lignite
coal-fired units, BDT is considered to be either an FF/SDA system, a
fluidized bed combustor (FBC) with an electrostatic precipitator (ESP),
or an ESP with a wet FGD system. Of the 12 lignite coal-fired units
listed in ICR-3, 7 units have controls representing BDT. The ICR-3
contains data on only two units firing coal refuse. Both were FBC units
equipped with FF. Both have reported Hg control efficiency of greater
than 99 percent. Therefore, BDT for coal refuse-fired units is
considered to be a FBC with FF. One unit fired waste anthracite, the
other fired waste bituminous.
To determine the appropriate achievable Hg emission level for each
coal type that reflects BDT, a statistical analysis was conducted to
determine the appropriate control efficiency achieved by BDT. That is,
we determined the 90th percentile Hg reduction efficiency achievable
for a source using BDT (i.e., the control efficiency which BDT is
estimated to achieve 90 percent of the time) using the one-sided t-
statistics test. The control efficiency used was the greater of that
achieved either from the coal-to-the-stack or across the control device
as shown through the ICR-3 3-run averages. This approach was used to
minimize the impact of ``negative'' control removals indicated by some
of the test results. It is recognized that Hg cannot be generated
within a utility boiler/control system and that any negative removals
merely indicate that no control is being shown. However, it is also
believed that most of the Hg control achieved is being achieved by the
last control device (the one tested during the ICR program) and that
little Hg is removed in the boiler. Therefore, it is believed that use
of the highest control adequately reflects performance of the entire
system. Further, as negative reductions are not realistic, any negative
reductions found were equated to zero.
Based on this reanalysis of the appropriate NSPS emission limits,
EPA is today proposing the following revised Hg limits:
Bituminous coal: 20 x 10-6 lb/MWh
Subbituminous coal (wet units): 66 x 10-6 lb/MWh
Subbituminous coal (dry units): 97 x 10-6 lb/MWh
Lignite coal: 175 x 10-6 lb/MWh
Coal refuse: 1.0 x 10-6 lb/MWh
Although EPA has reanalyzed the available data and revised the NSPS
Hg emission limits, as noted in the final CAMR, we continue to believe
that these limits are of short-term value only. That is, the CAMR Hg
cap will be a greater long-term factor in constraining Hg emissions
from new coal-fired Utility Units than will the NSPS emission limits.
In addition, the new source review (NSR) provisions provide an
additional constraint on new-source emissions, further diminishing the
importance of the revised NSPS Hg emission limits. Essentially, the
NSPS limits become a ``backstop'' for the trading program and other NSR
requirements.
EPA seeks comment on this statistical approach.
E. Hg Content in Coal Used To Derive the NSPS
Petitioners contend that EPA arbitrarily applied its statistical
analysis to coal containing the highest annual average content of Hg,
an approach which does not encourage the use of the cleanest fuels.
Further, they contend that insufficient notice of this approach was
afforded the public.
Many coal-fired Utility Units may switch coal sources, within the
same coal rank, based on spot-market availability and cost. Therefore,
the analysis was based on a reasonable maximum Hg content in coal
(represented by the 90th percentile of measured Hg concentrations in
coal) as a means of complying with previous Court decisions that
mandate that an NSPS must be achievable by all new units to which it
will apply over the full range of operating conditions which can
reasonably be anticipated to occur.
EPA is taking comment on this approach.
F. Definition of Covered Units as Including Municipal Waste Combustors
(MWC)
Petitioners claim that CAMR inappropriately extends the definition
of covered units to include MWC \3\ and that EPA gave no notice that it
intended to include MWC units under CAMR, thereby depriving interested
parties of the opportunity to provide comment. Further, petitioners
contend that EPA should conclude that as a source category, MWC units
are already well regulated under CAA sections 129 and 111 and,
therefore, should not be included under CAMR.
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\3\ An MWC is a ``solid waste incineration unit'' as defined in
CAA section 129(g)(1) combusting ``municipal waste'' as defined in
CAA section 129(g)(5).
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EPA did not intend for MWC units subject to NSPS and emission
guidelines, as implemented through approved State plans or an
applicable Federal plan, to be subject to CAMR, either directly or
through a State or Federal plan implementing the CAA section 111(d)
guidelines for existing units, even if such units combust certain
amounts of coal and, thus, fall under the current definition of ``coal-
fired.'' EPA is, therefore, granting reconsideration on the issue of
the definition of an ``Electric generating unit or EGU'' in 40 CFR
60.24(h) as it relates to MWC units and is taking comment on that
issue. EPA is taking this action because it did not specifically
indicate that it intended such units to be excluded from the model
trading program, approved State plans, and any subsequently adopted
Federal plan under CAMR.
In this proposed rulemaking, EPA is proposing to clarify the
definition of ``Electric generating unit or EGU'' to specifically
exclude MWC units subject to an applicable NSPS, an EPA-approved State
plan, or an applicable Federal plan. The proposed revised definition
would establish a specific exemption for MWC. EPA has only included
specific changes to the definition of ``Electric generating unit or
EGU'' as it appears in 40 CFR 60.24(h) necessary to establish the
exemption in this proposed rule. EPA is, however, also proposing to
make conforming changes to the applicability provisions in the model
trading rule (subpart HHHH, 40 CFR 60.4104) based on the final action
EPA takes on the proposed rule as those provisions are intended to be
consistent with the definition in 40 CFR 60.24(h).
G. Definition of Covered Units as Including Some Industrial Boilers
Petitioners contend that CAMR, as written, would subject certain
units to regulation under both CAMR and the CAA section 112 Industrial
Commercial Institutional Steam Generating Unit Maximum Achievable
Control Technology (MACT) standards (the Boiler MACT). Petitioners also
claim that EPA changed the applicability definition in the final CAMR
to include units that had ever been connected to a generator having a
capacity greater than 25 megawatts electric (MWe) and, thus, provided
no opportunity for public comment on this definition.
EPA did not intend for any units subject to the Boiler MACT to also
be subject to CAMR. EPA proposes to address this problem in two ways.
First, EPA is in the process of preparing proposed revisions to the
Boiler MACT in response to a petition for reconsideration of that rule.
One of the proposed revisions will be to specifically exclude units
subject to
[[Page 62218]]
CAMR from regulation under the Boiler MACT. Second, EPA is today
proposing to revise the definition of ``Electric generating unit or
EGU'' in 40 CFR 60.24(h) to include only stationary, coal-fired boilers
or stationary, coal-fired combustion turbines serving, at any time
after November 15, 1990, a generator with nameplate capacity of more
than 25 MWe producing electricity for sale. This date would be
consistent with the dates used in the Acid Rain Program and the Clean
Air Interstate Rule (CAIR).
In evaluating the changes necessary to respond to the petition, EPA
determined that certain other clarifying changes to the definition need
to be made with regard to cogeneration units and when they are to be
considered ``electric generating units'' under this rule to ensure that
the regulatory text unambiguously reflects EPA's intent, as expressed
in the CAMR preamble (see 70 FR 28612, 28625), regarding cogeneration
units. EPA is today proposing to make those changes in 40 CFR 60.24(h).
EPA is also proposing to make conforming changes to the
applicability provisions in the model trading rule (subpart HHHH, 40
CFR 60.4104) based on the final action EPA takes on the proposed rule
as those provisions are intended to be consistent with the definition
in 40 CFR 60.24(h).
V. Issues Not Corrected in the CAMR Technical Corrections Federal
Register Notice
On August 30, 2005 (70 FR 51266), EPA issued a technical
corrections notice addressing certain corrections to the May 18, 2005
(70 FR 28606) CAMR. We have subsequently found certain other errors in
CAMR that need correction. We believe that all of these corrections are
non-controversial.
This notice corrects the following errors. First, it has been
brought to our attention that we were inconsistent in the use of ``new,
modified, and reconstructed'' in the applicability provisions of the
NSPS portion of CAMR. We propose to correct this inconsistency by
revising the language to indicate that the NSPS applies to units which
are constructed, modified, or reconstructed after January 30, 2004.
Second, an inconsistency between the definitions of ``coal'' and
``coal-fired electric utility steam generating unit'' has been brought
to our attention. In defining ``coal'' we indicate that ``coal''
includes ``petroleum coke'' while in defining ``coal-fired electric
utility steam generating unit'' we identify ``petroleum coke'' as an
example of a supplemental fuel (i.e., a fuel that is burned with coal).
We propose to correct this inconsistency by removing ``petroleum coke''
from the definition of ``coal'' as we do not think ``petroleum coke''
is properly classified as ``coal.'' Third, because of the delay between
signature and publication of CAMR, the submittal dates for the
individual State Hg allocation plans and the full State plans are not
consistent. We propose to resolve this problem by changing the October
31, 2006 date for submitting Hg allowance allocations to the
Administrator specified in 40 CFR 60.24(h)(6)(ii)(C) and 40 CFR
60.4141(a) of the model trading rule to November 17, 2006, consistent
with the date for submitting State plans specified in 40 CFR
60.24(h)(2). Finally, we have identified additional instances where the
section renumbering, noted in the August 30, 2005 notice, was not
corrected, and we are proposing to correct these.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines a ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that today's notice of reconsideration is a ``significant
regulatory action'' because it raises novel legal or policy issues. As
such, the action was submitted to OMB for review under Executive Order
12866. Changes made in response to OMB suggestions or recommendations
are documented in the public record (see ADDRESSES section of this
preamble).
B. Paperwork Reduction Act
The information collection requirements in the final rule were
submitted for approval to OMB under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. (Information Collection Request
No. 2137.02; OMB Number 2060-0567). The information collection
requirements are not enforceable until OMB approves them.
Today's notice of reconsideration imposes no new information
collection requirements on the industry. Because there is no additional
burden on the industry as a result of the notice of reconsideration,
the information collection request (ICR) has not been revised.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.
For purposes of assessing the impacts of today's notice of
reconsideration on small entities, a small entity is defined as: (1) A
small business that is identified by the NAICS Code, as defined by the
[[Page 62219]]
Small Business Administration (SBA); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district, or special district with a population of less that 50,000;
and (3) a small organization that is any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field. Categories and entities potentially regulated by the final rule
with applicable NAICS codes are provided in the Supplementary
Information section of this action.
According to the SBA size standards for NAICS code 221122
Utilities-Fossil Fuel Electric Power Generation, a firm is small if,
including its affiliates, it is primarily engaged in the generation,
transmission, and or distribution of electric energy for sale and its
total electric output for the preceding fiscal year did not exceed 4
million MWh.
After considering the economic impacts of today's notice of
reconsideration on small entities, we certify that the notice will not
have a significant economic impact on a substantial number of small
entities. EPA has determined that none of the small entities will
experience a significant impact because the notice of reconsideration
imposes no additional regulatory requirements on owners or operators of
affected sources. We continue to be interested in the potential impacts
of the rule on small entities and welcome comments on issues related to
such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, UMRA section 205 generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least-burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed,
under section 203 of the UMRA, a small government agency plan. The plan
must provide for notifying potentially affected small governments,
enabling officials of affected small governments to have meaningful and
timely input in the development of EPA's regulatory proposals with
significant Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with the
regulatory requirements.
EPA has determined that today's notice of reconsideration does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. Although the final rule
projected that in 2020, 2 years into the start of the second phase of
the cap-and-trade program, compliance costs to government-owned
entities would be approximately $48 million, today's notice of
reconsideration does not add new requirements that would increase this
cost. Thus, today's notice of reconsideration is not subject to the
requirements of sections 202 and 205 of the UMRA. In addition, EPA has
determined that today's notice of reconsideration does not
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments or impose obligations
upon them. Therefore, today's notice of reconsideration is not subject
to UMRA section 203.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' are defined in the Executive Order to include
regulations that 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.''
Today's notice of reconsideration 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, as specified in Executive Order 13132.
None of the affected facilities are owned or operated by State
governments, and the requirements discussed in today's notice will not
supersede State regulations that are more stringent. Thus, Executive
Order 13132 does not apply to today's notice of reconsideration.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 6, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
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.''
Today's notice of reconsideration does not have tribal
implications. It will not have substantial direct effects on tribal
governments, 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, as specified in
Executive Order 13175. No affected facilities are owned or operated by
Indian tribal governments. Thus, Executive Order 13175 does not apply
to today's notice of reconsideration.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant,'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA.
Today's notice is a notice of reconsideration of the final CAMR,
which is subject to the Executive Order
[[Page 62220]]
because it is economically significant as defined by Executive Order
12866, and we believe that the environmental health or safety risk
addressed by that action may have a disproportionate effect on
children. Accordingly, we have evaluated the environmental health or
safety effects of that final rule on children. The results of the
evaluation are discussed in that final rule (70 FR 28606; May 18, 2005)
and are contained in the docket (OAR-2002-0056).
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
Today's notice of reconsideration is not a ``significant energy
action'' as defined in Executive Order 13211 (66 FR 28355; May 22,
2001) because it is not likely to have a significant adverse effect on
the supply, distribution, or use of energy. Further, we conclude that
today's notice of reconsideration is not likely to have any adverse
energy effects.
I. National Technology Transfer and Advancement Act
As noted in the final rule, section 12(d) of the National
Technology Transfer and Advancement Act (NTTAA) of 1995 (Pub. L. 104-
113; 15 U.S.C. 272 note) directs EPA to use voluntary consensus
standards in their regulatory and procurement activities unless to do
so would be inconsistent with applicable law or otherwise
impracticable. Voluntary consensus standards are technical standards
(e.g., material specifications, test methods, sampling procedures,
business practices) developed or adopted by one or more voluntary
consensus bodies. The NTTAA requires EPA to provide Congress, through
the OMB, with explanations when EPA decides not to use available and
applicable voluntary consensus standards.
During the development of the final rule, EPA searched for
voluntary consensus standards that might be applicable. The search
identified three voluntary consensus standards that were considered
practical alternatives to the specified EPA test methods. An assessment
of these and other voluntary consensus standards is presented in the
preamble to the final rule (70 FR 16034; March 29, 2005). Today's
notice of reconsideration does not propose the use of any additional
technical standards beyond those cited in the final rule. Therefore,
EPA is not considering the use of any additional voluntary consensus
standards for this notice.
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Coal, Electric power plants, Incorporation by
reference, Intergovernmental relations, Metals, Natural gas, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides.
40 CFR Part 72
Acid rain, Administrative practice and procedure, Air pollution
control, Electric utilities, Intergovernmental relations, Nitrogen
oxides, Reporting and recordkeeping requirements, Sulfur oxides.
40 CFR Part 75
Acid rain, Air pollution control, Carbon dioxide, Electric
utilities, Incorporation by reference, Nitrogen oxides, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: October 21, 2005.
Stephen L. Johnson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I of the
Code of the Federal Regulations is proposed to be amended as follows:
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7403, 7426, and 7601.
Subpart B--[Amended]
2. Section 60.24 is amended by:
a. In paragraph (h)(6)(ii)(C), revising the words ``October 31,
2006'' to read ``November 17, 2006''; and
b. In paragraph (h)(8), revising the definition of ``Electric
generating unit or EGU'' to read as follows:
Sec. 60.24 Emission standards and compliance schedules.
* * * * *
(h) * * *
(8) * * *
Electric generating unit or EGU means:
(1)(i) Except as provided in paragraphs (2) and (3) of this
definition, a stationary, coal-fired boiler or stationary, coal-fired
combustion turbine in the State serving at any time, since the later of
November 15, 1990 or the start-up of the unit's combustion chamber, a
generator with nameplate capacity of more than 25 megawatts electric
(MWe) producing electricity for sale.
(ii) If a stationary boiler or stationary combustion turbine that,
under paragraph (1)(i) of this definition, is not an electric
generating unit begins to combust coal or coal-derived fuel or to serve
a generator with nameplate capacity of more than 25 MWe producing
electricity for sale, the unit shall become an electric generating unit
on the first date on which it both combusts coal or coal-derived fuel
and serves such generator.
(2) A unit that meets the requirements set forth in paragraph
(2)(i)(A) of this definition shall not be an electric generating unit:
(i)(A) A unit:
(1) Qualifying as a cogeneration unit during the 12-month period
starting on the date the unit first produces electricity and continuing
to qualify as a cogeneration unit; and
(2) Not serving at any time, since the later of November 15, 1990
or the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe supplying in any calendar year
more than one-third of the unit's potential electric output capacity or
219,000 megawatt-hours (MWh), whichever is greater, to any utility
power distribution system for sale.
(B) If a unit qualifies as a cogeneration unit during the 12-month
period starting on the date the unit first produces electricity and
meets the requirements of paragraph (2)(i)(A) of this definition for at
least one calendar year, but subsequently no longer meets all such
requirements, the unit shall become an electric generating unit
starting on the earlier of January 1 after the first calendar year
during which the unit first no longer qualifies as a cogeneration unit
or January 1 after the first calendar year during which the unit no
longer meets the requirements of paragraph (2)(i)(A)(2) of this
definition.
(3) A ``solid waste incineration unit'' as defined in Clean Air Act
section 129(g)(1) combusting ``municipal waste'' as defined in Clean
Air Act section 129(g)(5) shall not be an electric generating unit if
it is subject to one of the following rules:
(i) Subpart Eb of part 60 of this chapter, ``Standards of
Performance for Large Municipal Waste Combustors for Which Construction
is Commenced After September 20, 1994 or for Which Modification or
Reconstruction is Commenced After June 19, 1996'',
(ii) Subpart AAAA of part 60 of this chapter, ``Standards of
Performance for Small Municipal Waste Combustors for Which Construction
is Commenced After August 30, 1999 or for Which Modification or
Reconstruction is Commenced After June 6, 2001'',
[[Page 62221]]
(iii) An EPA-approved State plan for implementing subpart Cb of
part 60 of this chapter, ``Emissions Guidelines and Compliance Times
for Large Municipal Waste Combustors That Are Constructed On or Before
September 20, 1994'';
(iv) Subpart FFF of part 62 of this chapter, ``Federal Plan
Requirements for Large Municipal Waste Combustors Constructed On or
Before September 20, 1994'';
(v) An EPA-approved State Plan for implementing subpart BBBB of
part 60 of this chapter, ``Emission Guidelines and Compliance Times for
Small Municipal Waste Combustion Units Constructed On or Before August
30, 1999''; or,
(vi) Subpart JJJ of 40 CFR part 62, ``Federal Plan Requirements for
Small Municipal Waste Combustion Units Constructed On or Before August
30, 1999''.
Subpart Da--[Amended]
3. Section 60.41Da is amended by revising the definitions of
``Coal'' and ``Coal-fired electric utility steam generating unit'' and
by revising the existing reference in paragraph (b) of the definition
of ``Potential combustion concentration'' from ``Sec. 60.48a(b)'' to
read ``Sec. 60.50Da(b)'' to read as follows:
Sec. 60.41Da Definitions.
* * * * *
Coal means all solid fuels classified as anthracite, bituminous,
subbituminous, or lignite by the American Society of Testing and
Materials (ASTM) Standard Specification for Classification of Coals by
Rank D388-77, 90, 91, 95, 98a, or 99 (Reapproved
2004) [epsi]1 (incorporated by reference, see Sec. 60.17)
and coal refuse. Synthetic fuels derived from coal for the purpose of
creating useful heat, including but not limited to solvent-refined
coal, gasified coal, coal-oil mixtures, and coal-water mixtures are
included in this definition for the purposes of this subpart.
Coal-fired electric utility steam generating unit means an electric
utility steam generating unit that burns coal, coal refuse, or a
synthetic gas derived from coal either exclusively, in any combination
together, or in any combination with other fuels in any amount.
* * * * *
4. Section 60.45Da is amended by:
a. Revising paragraph (a)(1);
b. Revising paragraph (a)(2)(i);
c. Revising paragraph (a)(2)(ii);
d. Revising paragraph (a)(3); and
e. Revising paragraph (a)(4) to read as follows:
Sec. 60.45Da Standard for mercury.
(a) * * *
(1) For each coal-fired electric utility steam generating unit that
burns only bituminous coal, you must not discharge into the atmosphere
any gases from a new affected source which contain Hg in excess of 20
x10-6 pound per megawatt hour (lb/MWh) or 0.020 lb/gigawatt-
hour (GWh) on an output basis. The International System of Units (SI)
equivalent is 0.0025 nanograms per joule (ng/J).
(2) * * *
(i) If your unit is located in a geographical area receiving
greater than 25 inches per year (in/yr) mean annual precipitation,
based on U.S. Department of Agriculture 30-year data, you must not
discharge into the atmosphere any gases from a new affected source
which contain Hg in excess of 66 x10-6 lb/MWh or 0.066 lb/
GWh on an output basis. The SI equivalent is 0.0083 ng/J.
(ii) If your unit is located in a geographical area receiving less
than or equal to 25 in/yr mean annual precipitation, based on U.S.
Department of Agriculture 30-year data, you must not discharge into the
atmosphere any gases from a new affected source which contain Hg in
excess of 97 x 10-6 lb/MWh or 0.097 lb/GWh on an output
basis. The SI equivalent is 0.0122 ng/J.
(3) For each coal-fired electric utility steam generating unit that
burns only lignite, you must not discharge into the atmosphere any
gases from a new affected source which contain Hg in excess of 175 x
10-6 lb/MWh or 0.175 lb/GWh on an output basis. The SI
equivalent is 0.0221 ng/J.
(4) For each coal-burning electric utility steam generating unit
that burns only coal refuse, you must not discharge into the atmosphere
any gases from a new affected source which contain Hg in excess of 1.0
x 10-6 lb/MWh or 0.0010 lb/GWh on an output basis. The SI
equivalent is 0.00013 ng/J.
* * * * *
5. Section 60.48Da is amended by:
a. Revising the existing reference in paragraph (j) introductory
text from ``Sec. 60.44a(a)'' to read ``Sec. 60.44Da(a)'';
b. Revising the existing reference in paragraph (j)(2) from ``Sec.
60.49a'' to read ``Sec. 60.49Da''; and
c. Revising the second and third sentences in paragraph (l) to read
as follows:
Sec. 60.48Da Compliance provisions.
* * * * *
(l) * * * The owner or operator of an affected facility subject to
Sec. 60.45Da (new sources constructed, modified, or reconstructed
after January 30, 2004) shall calculate the Hg emission rate (lb/MWh)
for each calendar month of the year, using hourly Hg concentrations
measured according to the provisions of Sec. 60.49Da(p) in conjunction
with hourly stack gas volumetric flow rates measured according to the
provisions of Sec. 60.49Da(l) or (m), and hourly gross electrical
outputs, determined according to the provisions in Sec. 60.49Da(k).
Compliance with the applicable standard under Sec. 60.45Da is
determined on a 12-month rolling average basis.
Sec. 60.49Da [Amended]
6. Section 60.49Da is amended by revising the existing reference in
paragraph (c)(2) from ``Sec. 60.51a'' to read ``Sec. 60.51Da''.
Sec. 60.50Da [Amended]
7. Section 60.50Da is amended by:
a. Revising the existing reference in paragraph (e)(2) from ``Sec.
60.48(d)(1)'' to read ``Sec. 60.46(d)(1)''; and
b. In paragraph (g), by removing the words ``and 60.46Da''.
Subpart Db--[Amended]
Sec. 60.40b [Amended]
8. Section 60.40b is amended by revising the existing reference in
paragraph (e) from ``Sec. 60.40a'' to read ``Sec. 60.40Da''.
Subpart HHHH--[Amended]
9. Section 60.4141 is amended by revising paragraph (a) to read as
follows:
Sec. 60.4141 Timing requirements for Hg allowance allocations.
(a) By November 17, 2006, the permitting authority will submit to
the Administrator the Hg allowance allocations, in a format prescribed
by the Administrator and in accordance with Sec. 60.4142(a) and (b),
for the control periods in 2010, 2011, 2012, 2013, and 2014.
* * * * *
[FR Doc. 05-21457 Filed 10-27-05; 8:45 am]
BILLING CODE 6560-50-P