[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Rules and Regulations]
[Pages 69767-69769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27502]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2010-1071; FRL-9919-38-Region 10]


Approval and Promulgation of Implementation Plans; State of 
Washington; Regional Haze State Implementation Plan; Federal 
Implementation Plan for Best Available Retrofit Technology for Alcoa 
Intalco Operations, Tesoro Refining and Marketing, and Alcoa Wenatchee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In a final action published on June 11, 2014, the 
Environmental Protection Agency (EPA) published a final rule in the 
Federal Register concerning, in part, the promulgation of a Federal 
Implementation Plan (FIP) provision for regional haze in the State of 
Washington. This action identifies and corrects an error in that action 
by adding the factor to convert tons of sulfur dioxide (SO2) 
to pounds of SO2 that was inadvertently left out of the rule 
language for the FIP for the Alcoa Inc. Wenatchee Works.

DATES: This rule is effective on January 23, 2015, without further 
notice, unless the EPA receives adverse comment December 24, 2014. If 
the EPA receives adverse comment, we will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2010-1071, by any of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: [email protected].
     Mail: Steve Body, EPA Region 10, Office of Air, Waste and 
Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Attention: Steve Body, Office of Air, 
Waste and Toxics, AWT-150. Such deliveries are only accepted during 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2010-1071. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information

[[Page 69768]]

unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through www.regulations.gov 
your email address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, the 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 the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., 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. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Office of Air, Waste 
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206) 
553-0782, email address: [email protected], or the above EPA, Region 
10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' are used, we mean the EPA.
    This action corrects an inadvertent error in a final rule (79 FR 
33438, June 11, 2014) related to the FIP requiring Best Available 
Retrofit Technology on Potline 5 at the Alcoa Inc. Wenatchee Works 
primary aluminum smelter (Alcoa Wenatchee Works) located in Malaga, 
Washington. The factor to convert tons of SO2 to pounds of 
SO2 was inadvertently left out of the rule language included 
in 40 CFR 52.2502(b)(1)(i). Today's action corrects the formula Alcoa 
Wenatchee Works must use to demonstrate compliance with the 
SO2 emission limitation for Potline 5, on a calendar month 
basis, by adding the factor '' x (2000 pounds per ton)''. As corrected, 
the formula in 40 CFR 52.5202(b)(1)(i) now reads as set forth in the 
regulatory text of this final rule.

Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Where a SIP provision does not meet Federal requirements and is 
disapproved by the EPA, it has the authority to promulgate FIP 
provisions that meet the Federal requirements. This action merely 
corrects an inadvertent error in a previous FIP promulgation and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

This rule does not have tribal implications as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000) because it merely corrects 
an inadvertent error in a formula that applies to a single facility, 
the Alcoa, Inc. Wenatchee Works, and therefore does not have direct and 
substantial effects on Tribal governments. Thus Executive Order 13175 
does not apply.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 23, 2015. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. 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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Visibility, and Volatile organic compounds.

    Dated: October 27, 2014.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart WW--Washington

0
2. Section 52.2502(b)(1)(i) is revised to read as follows:


Sec.  52.2502  Best available retrofit technology requirements for the 
Alcoa Inc.--Wenatchee Works primary aluminum smelter.

* * * * *
    (b) * * *
    (1) * * *
    (i) Compliance demonstration. Alcoa must determine SO2 
emissions, on a

[[Page 69769]]

calendar month basis using the following formulas:

SO2 emissions in pounds = (carbon ratio) x (tons of aluminum 
produced during the calendar month) x (% sulfur in baked anodes/100) x 
(% sulfur converted to SO2/100) x (2 pounds of 
SO2 per pound of sulfur) x (2000 pounds per ton)

SO2 emissions in pounds per ton of aluminum produced = 
(SO2 emissions in pounds during the calendar month)/(tons of 
aluminum produced during the calendar month)

    (A) The carbon ratio is the calendar month average of tons of baked 
anodes consumed per ton of aluminum produced as determined using the 
baked anode consumption and aluminum production records required in 
paragraph (h)(2) of this section.
    (B) The % sulfur in baked anodes is the calendar month average 
sulfur content as determined in paragraph (b)(1)(ii) of this section.
    (C) The % sulfur converted to SO2 is 90%.
* * * * *
[FR Doc. 2014-27502 Filed 11-21-14; 8:45 am]
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