[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Proposed Rules]
[Pages 2801-2804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28171]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0558; FRL-9988-27-Region 6]


Approval and Promulgation of State Implementation Plan, 
Louisiana; Attainment Demonstration for the St. Bernard Parish 2010 SO2 
Primary National Ambient Air Quality Standard Nonattainment Area; 
Supplemental Notice of Proposed Rulemaking

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: In this supplemental notice of proposed rulemaking (SNPRM), 
the Environmental Protection Agency (EPA) is supplementing our proposed 
approval document, concerning the 2010 Sulfur Dioxide (SO2) 
Primary National Ambient Air Quality Standard (NAAQS) Nonattainment 
Area State Implementation Plan (SIP) revision for St. Bernard Parish. 
The EPA is also reopening the public comment period.

DATES: Written comments must be received on or before March 11, 2019.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0558, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
Mr. Robert Imhoff, (214) 665-7262, [email protected]. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Robert Imhoff, (214) 665-7262; 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Robert Imhoff.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' refer to EPA.

I. Background

    On April 19, 2018, we published a proposed rulemaking action to 
approve the 2010 SO2 Primary NAAQS Nonattainment Area SIP 
revision for St. Bernard Parish, submitted by the State of Louisiana on 
November 9, 2017 and first supplemented on February 8, 2018.\1\ The 
April 19, 2018 action proposed approval of the following CAA SIP 
elements: The attainment demonstration for the SO2 NAAQS and 
enforceable emissions limits, which included an Agreed Order on Consent 
(AOC) dated February 2, 2018 for the Rain CII Carbon, LLC. (Rain) 
facility; the reasonable further progress (RFP) plan; the reasonably 
available control measures (RACM) and reasonably available control 
technology (RACT) demonstration; the emission inventories; and the 
contingency measures. We also proposed to find that the State had 
demonstrated that its current Nonattainment New Source Review (NNSR) 
program covered the 2010 SO2 NAAQS; therefore, no revision 
to the SIP was required for the NNSR element.
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    \1\ 83 FR 17349.
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    Comments on the proposal were required to be received by May 21, 
2018. We received timely comments on the proposal, and as stated 
further below, we will address all comments received on the original 
proposal and on this supplemental action in our final action.\2\
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    \2\ See our detailed discussion below that involves an 
evaluation of the supplemental information submitted by the LDEQ to 
EPA, partly in response to a public comment received on the original 
Federal Register action at 83 FR 17349, April 19, 2018 proposal.
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II. Additional Information Submitted by Louisiana

    After the close of the public comment period to the April 19, 2018 
proposal, the Louisiana Department of Environmental Quality (LDEQ) 
submitted additional information to

[[Page 2802]]

EPA on August 24, 2018.\3\ The additional information was submitted to 
us partly in response to a public comment received on the April 19, 
2018 proposal by United States Senator from Louisiana, Bill Cassidy.\4\ 
In particular, Senator Cassidy submitted a comment letter that 
expressed concern that Rain would need to modify the February 2018 AOC 
entered between Rain and LDEQ as Rain did not believe that it could 
meet the limits set forth in the AOC without an additional extension to 
the compliance dates. In response to the comment, and in order to 
determine feasible emission limits for operations during transitions 
from exhaust flow through the hot stack to flow through the heat 
recovery boiler (referred to as the cold stack), LDEQ granted an 
extension of the deadline of the February 2018 AOC on April 27, 
2018.\5\ LDEQ then issued a revised AOC on August 2, 2018. A model 
analysis was submitted to EPA on August 24, 2018 \6\ to specifically 
demonstrate attainment of the NAAQS with the revised limits in the 
August 2018 AOC. EPA reviewed the new modeling analysis \7\ and found 
some errors and omissions. In response, LDEQ submitted an updated 
modeling analysis on October 9, 2018.\8\ The AOC (signed by LDEQ and 
Rain August 2, 2018 and submitted to EPA on August 24, 2018), and the 
October 9, 2018 modeling files (also submitted by LDEQ) serve as a 
supplement to the November 9, 2017 and February 8, 2018 SIP submittals 
and are intended to address the public comment by incorporating certain 
additional AOC revisions (dated 8/2/2018) and supporting modeling into 
the 2010 SO2 Primary NAAQS Nonattainment Area SIP revision 
for St. Bernard Parish.
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    \3\ Letter from Secretary Brown to Anne Idsal, August 24, 2018, 
St. Bernard 2008 Sulfur Dioxide State Implementation Plan 
Supplemental Information and Executed Administrative Order on 
Consent (AOC) included in the docket for this action.
    \4\ See the April 24, 2018 letter (in the docket to this action) 
from Senator Cassidy to EPA that referred to Rain's need to modify 
the February 2, 2018 AOC.
    \5\ See April 27, 2018 Letter from Secretary Chuck Carr Brown to 
Rain in the docket for this action.
    \6\ See Email from Vivian Aucoin to Michael Feldman September 
28, 2018 in the docket to this action.
    \7\ See Email Erik Snyder to Vivian Aucoin September 11, 2018 
with attachment in the docket to this action 
``Chalmette_LDEQ_7_2018_Sources emissions verifications--R6.xlsx''.
    \8\ See Email from Vennetta Hayes to Robert Imhoff October 9, 
2018 in the docket to this action.
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III. Public Comment

    The EPA is reopening the public comment period. Comments are due 
March 11, 2019. The reopening of the comment period is strictly limited 
to additional supplemental information submitted by Louisiana on August 
24, 2018 and October 9, 2018, and our additional analysis contained in 
this supplemental action and Supplemental Technical Support Document 
(TSD) now available in the docket. The supplemental information 
submitted to us seeks to address, in part, a public comment received on 
our original April 19, 2018 proposal action. The EPA will address all 
comments received on the original April 19, 2018 proposal and on this 
SNPRM in our final action.

IV. EPA's Evaluation and Analysis

    We have reviewed the supplemental information submitted by LDEQ on 
August 24, 2018, and October 9, 2018 to further assist in our 
evaluation of the state's previous November 9, 2017 (as supplemented on 
February 8, 2018) SIP submittal and the public comment received by 
Senator Cassidy. As explained above, the revised AOC made changes in 
response to comments received regarding Rain's ability to meet 
transitional emissions limits. We have included our detailed evaluation 
and additional analysis of the revisions contained in the August 2, 
2018 AOC and supporting modeling in a supplement to the TSD which may 
be found in the docket and titled as ``Supplement to Technical Support 
Document for Approval and Promulgation of Implementation Plans; 
Louisiana; Attainment Demonstration for the St. Bernard Parish 2010 
SO2 Primary National Ambient Air Quality Standard 
Nonattainment Area.'' The TSD examines LDEQ's supplemental modeling 
reflecting the changes in Rain's AOC and the updates to the 
contributing sources inventory. See the TSD supplement for a complete 
discussion of our evaluation and analysis.

A. Emissions Data and Limits

    There were two main changes in the emissions data and limits used 
in the October 9, 2018 supplemental modeling from the original SIP 
modeling in the proposal. The first is due to the revision of the AOC 
for Rain reflecting conditions consistent with the design throughput 
for the facility and the second is to reflect recent revisions to 
permits for the contributing sources. The August 2, 2018 AOC 
incorporated updated information from the facility regarding the 
emission rates, temperatures, and flowrates to be expected from the 
facility for the various operating scenarios. Since these parameters 
differed from those in the previous AOC, additional modeling to 
demonstrate attainment of the NAAQS was conducted. The August 2, 2018 
AOC has a compliance date of August 2, 2018.

      Table 1--Control Chart of the SO2 Emission Limits in Pounds per Hour for the Rain Cold and Hot Stacks
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                                                                        Cold stack SO2
                                    Cold stack conditions for stage as   limits pounds  Hot stack SO2 limits (lb/
              Stage                          measured by CEMS            per hour (lb/   hr) and associated hot
                                                                              hr)           stack parameters
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Cold Stack Standalone Low........  During normal, steady state                     200  0 lb/hr, Hot Stack flow
                                    operations, and damper to EQT 0004                   rate = 0.
                                    is closed, Stack flow rate
                                    >=46,000 ACFM and <90,000 ACFM,
                                    Temperature >=150 [deg]F.
Cold Stack Standalone Medium Low.  During normal, steady state                     380  0 lb/hr, Hot Stack flow
                                    operations, and damper to EQT 0004                   rate = 0.
                                    is closed, If Stack flow rate
                                    >=90,000 ACFM and <120,000 ACFM,
                                    Temperature >=210 [deg]F.
Cold Stack Standalone Medium High  During normal, steady state                     420  0 lb/hr, Hot Stack flow
                                    operations, and damper to EQT 0004                   rate = 0.
                                    is closed, Stack flow rate
                                    >=120,000 ACFM and <140,000 ACFM,
                                    Temperature >=210 [deg]F.
Cold Stack Standalone High.......  During normal, steady state                     510  0 lb/hr, Hot Stack flow
                                    operations, and damper to EQT 0004                   rate = 0.
                                    is closed, Stack flow rate
                                    >=140,000 ACFM, Stack temperature
                                    >=210 [deg]F.

[[Page 2803]]

 
1................................  Stack flow rate is >0 ACFM and                  4.5  1,600 lb/hr, Hot Stack
                                    <45,000 ACFM or Temperature <60                      flow rate >=400,000
                                    [deg]F.                                              ACFM, Temperature
                                                                                         >=1,600 [deg]F.
2................................  Stack gas flow rate >=45,000 ACFM              49.5  1,400 lb/hr, Hot Stack
                                    and <60,000 ACFM, Temperature                        flow rate >=375,000
                                    >=110 [deg]F.                                        ACFM, Temperature
                                                                                         >=1,600 [deg]F.
3................................  Stack gas flow rate >=60,000 ACFM                90  1,200 lb/hr, Hot Stack
                                    and <85,000 ACFM, Temperature                        flow rate >=375,000
                                    >=150 [deg]F.                                        ACFM, Temperature
                                                                                         >=1,600 [deg]F.
4................................  Transition Stage 4: When the flue               108  <=1,000 lb/hr, Hot Stack
                                    gas flow rate >=85,000 ACFM and                      flow rate >=310,000
                                    <110,000 ACFM: Temperature >=160                     ACFM, Temperature
                                    [deg]F.                                              >=1,600 [deg]F.
5................................  Transition Stage 5: When the flue               171  900 lb/hr, Hot Stack
                                    gas flow rate >=110,000 ACFM and                     flow rate >=310,000
                                    <140,000 ACFM: Temperature >=210                     ACFM, Temperature
                                    [deg]F.                                              >=1,600 [deg]F.
6................................  Transition Stage 6: When the flue               189  800 lb/hr, Hot Stack
                                    gas flow rate >=140,000 ACFM:                        flow rate >=220,000
                                    Temperature >=210 [deg]F.                            ACFM, Temperature
                                                                                         >=1,400 [deg]F.
Hot Stack Standalone.............  Non-transition operations: When the               0  2,020 lb/hr.
                                    damper to EQT 0003 is closed.
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    The emission rates used in the previous modeling for contributing 
sources were accurate and complete at the time they were compiled in 
2017. Because of subsequent permit modifications in 2018 for the Valero 
and Chalmette refineries, the do not accurately reflect current 
allowable emission rates. EPA and LDEQ consulted on updates to the 
original allowable rates for the contributing sources.\9\ LDEQ used the 
updated current allowable emission rates in their modeling. The revised 
contributing source inventory contained sources, not including Rain, 
totaling 4,435 tons per year compared to the previous inventory which 
contained 6,382 tons per year.
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    \9\ September 11, 2018 Email From: Snyder, Erik to Vivian. 
Aucoin with attachment ``Chalmette_LDEQ_7_2018_Sources emissions 
verifications--R6.xlsx'' in the docket for this action.
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B. Summary of Results

    LDEQ's October 2018 modeling analysis, including the revised August 
2, 2018 AOC emission limits for the Rain facility, resulted in 
concentrations below the level of the 1-hour primary SO2 
NAAQS. The EPA has reviewed Louisiana's supplemental modeling and 
agrees that Louisiana's supplemental materials, along with the new AOC 
limits (August 2, 2018), result in demonstrating attainment of the 1-
hour SO2 primary NAAQS before the attainment deadline of 
October 4, 2018.

Table 2--Summary of EPA Model Results With Number of Operating Scenarios
                                Modeled,
                           if Greater Than One
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                                                           Design value
                   Operational status                        [mu]g/m3
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Cold Stack Normal Operations (Low)......................           189.8
Cold Stack Normal Operations (Medium Low)...............           189.8
Cold Stack Normal Operations (Medium High)..............           183.9
Cold Stack Normal Operations (High).....................           190.8
Hot Stack Normal Operations.............................           176.6
Transition (Six Scenarios)..............................           185.6
Rain Property...........................................           160.5
Valero Property.........................................           147.7
Chalmette Refinery Property.............................           130.3
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    The result of our evaluation and analysis of the supplemental 
information continues to support the proposed approval of the SIP 
revisions identified in the Federal Register at 83 FR 17349, April 19, 
2018, proposal.

V. Supplemental Proposal Action

    On April 19, 2018, EPA originally proposed to approve the 2010 
SO2 Nonattainment Area SIP revision for St. Bernard Parish, 
as submitted by the State of Louisiana on November 9, 2017 and 
supplemented on February 8, 2018. In this supplemental proposal, EPA is 
proposing to approve LDEQ's August 24, 2018 and October 9, 2018 
supplements to the November 9, 2017 SIP and February 8, 2018 submittals 
that were provided partly in response to a comment received on our 
April 19, 2018 proposal (83 FR 17349). Specifically, we are proposing 
to approve the August 2, 2018 AOC as a source-specific SIP revision 
that serves to replace the original February 2018 AOC. We propose to 
find that the supplemental October 9, 2018 modeling provides continued 
support for a proposed approval of the attainment demonstration that 
was originally submitted in November 2017. EPA solicits comments on 
this SNPRM, with

[[Page 2804]]

respect to only the specific information raised in this supplemental 
proposal--that being (a) the modifications from the original modeling 
required for the supplemental October 9, 2018 modeling, i.e., the 
revised stack parameters and emissions for Rain and the contributing 
source inventory and (b) the revised August 2018 AOC. EPA is not 
reopening the comment period on any other aspect of the April 19, 2018 
proposal, as there was an opportunity to comment provided at the time 
of that proposal on all other elements of the submittals and those 
elements remain unchanged from the original proposal. The purpose of 
this SNPRM is limited to an evaluation of LDEQ's August 24, 2018 
submission of the AOC and supporting October 2018 modeling, as well as 
the supplement to the TSD, all of which are contained in the docket for 
this rulemaking. We are reopening the comment period until March 11, 
2019. The scope of this supplemental document and the reopening of the 
comment period is strictly limited to only the supplemental 
information. The EPA will not respond to comments received during the 
reopened comment period outside the above-defined scope. This action 
will allow interested persons additional time to review the 
supplemental information to prepare and submit relevant comments. The 
EPA will address all comments received on the original proposal and on 
this supplemental action in our final action.

VI. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to the Louisiana source-specific requirements as 
described in the Proposed Action section above. We have made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and in hard copy at the EPA Region 6 office 
(please contact Mr. Robert Imhoff for more information).

VII. Statutory and Executive Order Reviews

    Under the 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, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements 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) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 Act; and
     Does not provide 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rulemaking does not have tribal implications and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
Reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

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

    Dated: December 20, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-28171 Filed 2-7-19; 8:45 am]
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