Rule2022-02657

Approval and Promulgation of Air Quality Implementation Plans; United States Virgin Islands; Regional Haze Federal Implementation Plan; Correction

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
February 10, 2022
Effective
March 14, 2022

Issuing agencies

Environmental Protection Agency

Abstract

On October 22, 2012, the EPA published a final rule in the Federal Register promulgating a Federal Implementation Plan (FIP) to address regional haze obligations for the Territory of the United States Virgin Islands. However, at that time, EPA erroneously failed to incorporate into the Code of Federal Regulations (CFR) certain emission limits that had been determined to be necessary to satisfy those obligations and that had been proposed and included in the docket for the action. EPA is correcting this error by incorporating the previously noticed limits into the CFR. EPA has not reopened any of the previous, underlying determinations in this action.

Full Text

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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7728-7733]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2020-0438; FRL-9315-02-R2]


Approval and Promulgation of Air Quality Implementation Plans; 
United States Virgin Islands; Regional Haze Federal Implementation 
Plan; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On October 22, 2012, the EPA published a final rule in the 
Federal Register promulgating a Federal Implementation Plan (FIP) to 
address regional haze obligations for the Territory of the United 
States Virgin Islands. However, at that time, EPA erroneously failed to 
incorporate into the Code of Federal Regulations (CFR) certain emission 
limits that had been determined to be necessary to satisfy those 
obligations and that had been proposed and included in the docket for 
the action. EPA is correcting this error by incorporating the 
previously noticed limits into the CFR. EPA has not reopened any of the 
previous, underlying determinations in this action.

DATES: This final rule is effective on March 14, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2020-0438. All documents in the docket are 
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT:  Omar Hammad, Air Planning Section, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3347, email address: 
<a href="/cdn-cgi/l/email-protection#a9e1c8c4c4c8cd87e6c4c8dbe9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="c28aa3afafa3a6ec8dafa3b082a7b2a3eca5adb4">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.
    The SUPPLEMENTARY INFORMATION section is arranged as follows:

Table of Contents:

I. What is the background for the action?
II. What comments were received in response to the EPA's proposed 
correction?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On February 19, 2021 (86 FR 10227), the Environmental Protection 
Agency (EPA) published a Notice of Proposed Rulemaking (NPRM) in which 
the EPA proposed to make a technical correction adding into the CFR the 
inadvertently omitted Best Available Retrofit Technology (BART) table 
containing the potential to emit (PTE) limits necessary to satisfy the 
Virgin Islands' BART obligation.
    On October 22, 2012, EPA published a final rule promulgating a 
Federal Implementation Plan (FIP) to address regional haze obligations 
for the Territory of the United States Virgin Islands. (77 FR 64414). 
EPA determined that certain emission limits for sources of visibility 
impairing pollutants in the Virgin Islands were necessary to satisfy 
the requirements of the Clean Air Act and EPA's rules concerning 
progress towards the national goal of preventing any future and 
remedying any existing man-made impairment of visibility in mandatory 
Class I areas (also referred to as the ``regional haze program''). In 
that action, however, EPA erroneously failed to incorporate into the 
CFR certain emission limits that had been noticed in the proposed rule 
(77 FR 37842, June 25, 2012) and which were included in docket EPA-R02-
OAR-2012-0457 accompanying that proposed rule.\1\ Specifically, EPA had 
determined that no additional controls were needed to satisfy the Best 
Available Retrofit Technology (BART) requirement of the Regional Haze 
Rule, and therefore that the subject-to-BART units' existing PTE limits 
would be incorporated into the Virgin Islands' FIP. See 77 FR 37856. 
EPA is now making a technical correction to incorporate the table 
containing the PTE limits necessary to satisfy the Virgin Islands' BART 
obligation into the CFR.
---------------------------------------------------------------------------

    \1\ Document ID EPA-R02-OAR-2012-0457-0007 and EPA-R02-OAR-2012-
0457-0008 in docket EPA-R02-OAR-2012-0457.
---------------------------------------------------------------------------

    This rule does not reopen the previous determination that the PTE 
limits contained in the docket for the 2012 final rule represent BART 
for the units determined to be subject-to-BART; this action merely 
corrects an inadvertent omission in a previous rulemaking. This 
correction is not intended to address current or changed circumstances 
at the subject-to-BART units, but merely clarifies what was intended to 
be included in the CFR pursuant to the 2012 FIP.

II. What comments were received in response to the EPA's proposed 
correction?

    In response to the EPA's February 19, 2021 proposed correction of 
the Virgin Islands' FIP, the EPA received comments from one commenter, 
Limetree Bay Refining, LLC and Limetree Bay Terminals, LLC (together 
``Limetree'' or ``the commenter'') and is providing responses to the 
comments that were received. The specific

[[Page 7729]]

comments may be viewed under Docket ID Number EPA-R02-OAR-2019-0674 on 
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
    Comment 1: The commenter argues that correcting the erroneously 
omitted BART Measures by adding the provisions to the CFR is not a 
technical correction and that it imposes new limits. The commenter 
asserts that, even if EPA had some intention of promulgating such 
limits in 2012 when it promulgated the Federal Implementation Plan 
(FIP) to address regional haze in the Virgin Islands, it did not do so. 
The commenter contends that the proposed rule would therefore, for the 
first time, impose BART emission limitations on the Limetree facility.
    To be effective and enforceable, commenter states, the promulgation 
of the proposed limits must comply with public notice and comment 
requirements. The commenter maintains that the 2012 Proposed Rule 
described various proposed BART determinations for sources in the 
Virgin Islands that may be subject to BART, but did not propose 
measures to translate those determinations into enforceable 
limitations.
    The commenter asserts that the enforceable language now proposed by 
the EPA is nowhere to be found in the 2012 rulemaking record, neither 
in the Proposed Rule or Final Rule, nor in any docketed supporting 
document.
    Response: This rule does not reopen the previous determination that 
the PTE limits contained in the docket for the 2012 final rule 
represent BART for the units determined to be subject-to-BART. This 
action merely corrects an inadvertent omission in a previous rulemaking 
in which EPA intended to, but did not, include those PTE limits in the 
Virgin Islands' FIP. Included in the 2012 FIP docket, EPA-R02-OAR-2012, 
are two documents that include the PTE limits for HOVENSA, EPA-R02-OAR-
2012-007 and EPA-R02-OAR-2012-008. These limits represented current 
operations at the time and were determined to constitute BART in the 
2012 FIP.
    The commenter is correct that inserting the inadvertently omitted 
BART Measures, specifically the emission limitations for 
SO<INF>2</INF>, NO<INF>X</INF>, and PM, into the CFR are the first 
codification of these requirements. However, the commenter is incorrect 
that those limits were absent from the 2012 rulemaking record and that 
EPA did not intend to put these limits in the FIP in 2012. See 77 FR 
37842, 37856. To the contrary, the administrative record documents 
EPA's intention for emission limitations and specifically references 
the applicability to the commenter's facility. At page 37856 of the 
final rule, EPA asserts, ``[a]s such, EPA's Federal plan includes the 
establishment of emission limits for SO<INF>2,</INF> NO<INF>X</INF>, 
and PM equivalent to the potential to emit (PTE) for each unit subject 
to BART, as derived from HOVENSA's permit limit conditions.'' BART is 
defined in EPA's regulations as an emission limit, 40 CFR 51.301. It is 
not possible to satisfy the BART requirements without including an 
emission limit reflecting the BART determination(s) in the applicable 
implementation plan (in this case, in the Virgin Islands' FIP). See 
also 40 CFR 51.308(e)(2) (``The State must submit an implementation 
plan containing emission limitations representing BART. . . .''). The 
commenter's contention that EPA did not intend to promulgate emission 
limits in the FIP reflecting the BART determinations implies that EPA 
did not intend to satisfy the BART requirement for the source and is 
therefore clearly incorrect. Additionally, the BART emission limits 
merely reflect preexisting (as of 2012) PTE limits to which the units 
were already subject. Therefore, while this action will put the limits 
in the FIP for the first time, it does not represent the first time the 
source has had to comply with the relevant limits.
    This technical correction remedies the inadvertent omission of the 
BART limits in the CFR. EPA provided opportunity for public comment on 
its determination that the subject-to-BART units' existing PTE limits 
represented BART in the 2012 FIP rule making. See 77 FR 37842, 37856 
(June 25, 2012). The agency further provided an opportunity for public 
comment on whether the PTE limits contained in the notice of proposed 
rulemaking for this action were the limits EPA determined to be BART in 
2012. 86 FR 10227, 10227 (Feb. 19, 2021). EPA has thus provided public 
notice of and an opportunity to comment on the limits it is 
incorporating into the Virgin Islands' FIP.
    Comment 2: The commenter states that EPA Region 2 did not work with 
Limetree to coordinate these limits. The commenter asserts that EPA 
also does not explain how ``maximum transparency'' was served by its 
failure to provide Limetree, the sole affected party, any notice of 
this proposal prior to its publication in the Federal Register.
    Response: EPA is not proposing to change or reopen the BART 
determinations made in the 2012 FIP that were based on emission limits 
that were already in place for HOVENSA at the time. EPA provided 
opportunity for public comment on the already established BART in the 
2012 FIP rulemaking. See 77 FR 37842, 37856 (June 25, 2012). EPA is 
merely making a technical correction that takes those same PTE limits, 
which were determined to be then-current operations, and codifies those 
limits in the CFR. This rulemaking does not revisit or change the 2012 
determinations, which were made pursuant to a notice and comment 
rulemaking process. See 77 FR 37842, 37856. HOVENSA, and others, 
commented during that rulemaking. See 77 FR 64414, 64415-20.
    With respect to commenter's statement that it did not receive any 
notice of this proposal prior to its publication in the Federal 
Register, consistent with CAA Section 307(d) and general rulemaking 
processes, the proposal being finalized by this action, on which the 
commenter commented, was the advance notice. The proposal included the 
establishment of a rulemaking docket and provided for the acceptance of 
written comments, data, or other documents from ``any person.''
    Comment 3: The commenter argues that it is clear from the record 
that the omission of any enforceable limits was not inadvertent, but 
rather EPA's intent was to promulgate the restart notice requirement at 
40 CFR 52.2781(d)(4) in lieu of any specific BART limitations. The 
commenter asserts that the restart notice procedure is the appropriate 
mechanism for EPA to determine whether the FIP should be revised, and 
any revision is required to be promulgated through full notice and 
comment procedures. The commenter states that the proposed 
``correction'' fails to meet the process required by 40 CFR. 
52.2718(d)(4).
    Response: The restart notice requirement pertains to the reasonable 
progress requirements, not to BART. The commentor is erroneously 
conflating BART with reasonable progress. The commenter is incorrect 
that the restart notice requirement was intended to be in lieu of BART. 
See 77 FR 37842.
    The commenter conflates two distinct sets of regional haze 
requirements: Reasonable progress and BART. States' regional haze 
implementation plans are required to include BART emission limits 
pursuant to 40 CFR 51.308(e). EPA made BART determinations and intended 
to promulgate BART limits, which were to be equivalent to existing PTE 
limits for the subject-to-BART sources, in the FIP. 77 FR 37856. The 
passages from EPA's rulemaking cited by commenter refer to EPA's

[[Page 7730]]

determinations and requirements pursuant to a different set of 
regulatory requirements, i.e., the requirements for determining the 
measures in addition to BART that are necessary to make reasonable 
progress. Reasonable progress is governed by the requirements of 40 CFR 
51.308(d). The restart notice requirement pertains to the reasonable 
progress. See 40 CFR 52.2781(d)(4) (upon receiving startup notification 
and information from the source, ``EPA will revise the FIP as 
necessary, after public notice and comment, in accordance with the 
regional haze requirements including the `reasonable progress' 
provisions in 40 CFR 51.308(d)(1).'') (emphasis added).
    Unrelated to the technical correction in this action, in a letter 
dated June 10, 2019, EPA responded to Limetree's restart notice, dated 
June 2, 2019, explaining that, upon restart, the 2012 FIP requires the 
EPA to assess whether additional control measures are warranted to meet 
regional haze requirements, including the ``reasonable progress'' 
provisions in 40 CFR 51.308(d)(l). 40 CFR 52.2782(d)(3)-(4). Limetree 
will be consulted and included in the process of assessing whether new 
control measures are warranted upon restart.
    As explained in the response to the first comment, above, in the 
2012 FIP, EPA determined that current operations, PTE limits at the 
time, represented BART. EPA determined BART for each BART-eligible 
source using the methodology in the Guidelines for Best Available 
Control Retrofit Technology (BART) Determinations under the Regional 
Haze Rules, 40 CFR part 51, Appendix Y. This action proposes to correct 
the EPA's failure to codify in the CFR the PTE limits that constituted 
current operations at the time and were determined to represent BART in 
the 2012 FIP.
    Comment 4: The commenter objects to the ``arbitrary and extremely 
limited scope'' of comments that EPA will allow, allowing comment on 
the narrow issue of whether the limits in the correction are the limits 
that EPA determined to be BART in the 2012 action. Limetree questions 
how this serves EPA's stated goal of ``maximum transparency.'' The 
commenter states that EPA must then provide reasonable opportunity to 
comment on the full scope of the proposed rule, including whether any 
proposed limits represent BART for units determined to be subject-to-
BART.
    Response: As explained in the response to the first comment, above, 
EPA is not reopening any determinations previously made in its 2012 
FIP. The scope of this action is not to revisit the BART determination 
itself, but to merely make the technical correction of adding the 
emission limit reflecting the existing BART determination to the CFR. 
EPA determined in 2012 that current operations, PTE limits at the time, 
represented BART. EPA determined BART for each BART-eligible source 
using the methodology in the Guidelines for Best Available Control 
Retrofit Technology (BART) Determinations under the Regional Haze 
Rules, 40 CFR part 51, Appendix Y. EPA sought public comment on the 
BART determinations and thus satisfied the notice-and-comment 
requirement in the 2012 proposed rule. 77 FR 37857. Today's action is 
simply to put the emission limits reflecting the already-finalized BART 
determinations in the FIP. It is reasonable for EPA to limit the scope 
of comment consistent with the scope of the action being taken.
    Comment 5: Limetree states that it objects to EPA not considering 
current conditions and changed circumstances. Limetree asserts that 
previous BART determinations are no longer reliable, and alternatives 
are conceivable.
    Response: This action is merely to correct an error made in 2012, 
when EPA intended to put the source's preexisting emission limits in 
the FIP. The BART limits are intended to reflect the determination that 
was made based on the circumstances that existed in 2012. As expressed 
in EPA's 2012 rulemaking, current conditions and changed circumstances 
will be considered in the context of determining whether any additional 
measures, on top of the BART emission limits, are necessary pursuant to 
the reasonable progress requirements. See 40 CFR 52.2781(d)(3) and (4); 
77 FR 37850. Limetree will be consulted in any future planning for 
regional haze that impacts the source, which is a matter beyond the 
scope of this technical correction.
    If Limetree has made any significant modifications or changes to 
any units, that is not within the scope of this technical correction. 
This technical correction merely takes the HOVENSA BART determinations 
established in the 2012 FIP and codifies the same determinations in the 
CFR. Any restarts, changes, modifications, or reconfigurations in 
operation will be addressed through the restart notice steps and the 
separate reasonable progress requirements. The reconfiguration of the 
facility is not the subject of this action which merely corrects an 
omission in the 2012 FIP.
    Comment 6: The commenter states that BART limits would affect 
operations of the refinery, which was recently reconfigured at 
considerable expense in reliance upon the existing regulatory 
requirements and the utility of its permits.
    The commenter maintains that EPA must specifically allow comment on 
the reliance interests that arise with changed circumstances, as well 
as the policy considerations addressing this issue that EPA is required 
to identify in a proposed rule. The commenter asserts that the FIP has 
been in place since 2012, yet not only does the proposed rule fail to 
assess the relevant reliance interests, it also fails to consider any 
alternative courses of action. According to the commenter, alternatives 
are thus plainly conceivable and, under the Supreme Court's DACA 
decision, EPA is required to assess them.
    Response: Although the commenter is correct that the Virgin 
Islands' FIP promulgated in 2012 did not contain emission limits 
reflecting BART, the refinery was nonetheless subject to those same 
emission limits by virtue of their existence in the source's 
preexisting permits. See 77 FR 37856 (Federal plan was to include 
emission limits ``equivalent to the potential to emit (PTE) for each 
unit subject to BART, as derived from HOVENSA's permit limit 
conditions''). It therefore is not clear how simply codifying the same 
limits in an additional instrument would necessitate a change in the 
source's operations. That is, it is not clear how this action 
implicates Limetree's reliance interests. The commenter has offered no 
factual support for the assertion that it relied on the absence of BART 
limits in the Virgin Islands' FIP and that incorporating those limits 
now would significantly affect the utility of the sources' permits. 
Moreover, the commenter fails to explain how it has a reliance interest 
in a clerical error made by the agency, particularly where it was clear 
from the record for the 2012 rule that EPA intended to impose BART 
limits on this source.
    The commenter alleges that U.S. Department of Homeland Security et 
al. v. Regents of the University of California et al., 140 S.Ct. 1891 
(2020) has application to the instant rulemaking because the 
inadvertent omission of a regulatory provision has allegedly resulted 
in the commenter relying on a false perception that no BART emission 
limitations were in place for the HOVENSA facility. The potential 
existence of BART alternatives is not under consideration because any 
rational analysis of the 2012 rulemaking

[[Page 7731]]

would indicate that the previously applied limitations were to be 
continued but were (as reiterated throughout) erroneously omitted.
    As explained above, to the extent the source's operations have 
changed since 2012, it was and continues to be EPA's intent to address 
any changes in circumstances via the process laid out in 40 CFR 
52.2781(d)(4) as appropriate. It is clear, however, that EPA intended 
to include BART emission limitations for the source in the FIP in 2012 
and that such limits should have applied starting at that time.

III. What action is the EPA taking?

    The EPA is finalizing a technical correction to incorporate the 
erroneously omitted table containing the PTE limits necessary to 
satisfy the Virgin Islands' BART obligation into the CFR.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action under the terms 
of Executive Order 12866 and was, therefore, not submitted to the 
Office of Management and Budget (OMB) for review. This final rule is a 
technical correction.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA. Under the PRA, a ``collection of 
information'' is defined as a requirement for ``answers to * * * 
identical reporting or recordkeeping requirements imposed on ten or 
more persons * * *.'' 44 U.S.C. 3502(3)(A). The action does not impose 
any new obligations or new enforcement duties on any state, local or 
tribal government or the private sector. This final rule is a technical 
correction.

C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, EPA concludes that the impact of concern for 
this rule is any significant adverse economic impact on small entities 
and that the agency is certifying that this rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule has no net burden on the small entities subject to the 
rule. This action merely adds the erroneously omitted table to the CFR, 
it does not change any determination included in the FIP. We have 
therefore concluded that this action will have no net regulatory burden 
for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandates, as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal government or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments. Thus, Executive Order 13175 does not apply to this 
rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
Through this action, the EPA is adding the erroneously omitted table to 
the CFR; it does not change any determination included in the FIP. This 
action does not remove any of the prior rule's environmental or 
procedural protections.

K. Congress Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability.

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 11, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for purposes of judicial review nor does it 
extend the time within which a petition for judicial review may be 
filed and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

Michael S. Regan,
Administrator.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart CCC--Virgin Islands

0
2. In Sec.  52.2781 paragraph (d)(5) is added to read as follows:


Sec.  52.2781  Visibility protection.

* * * * *
    (d) * * *
    (5) Best Available Retrofit Technology (BART) measures. Emissions 
limitations, the owners/operators subject to this section shall not 
emit or cause to be emitted SO<INF>2</INF>, NO<INF>X</INF>, and PM in 
excess of the following limitations:

[[Page 7732]]



                                                               Table 1 to Paragraph (d)(5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      BART controls/limits
                                                                      ----------------------------------------------------------------------------------
          Facility                           BART unit                                           SO2 (tons/      NOX (tons/
                                                                               Control              year)           year)            PM (tons/year)
--------------------------------------------------------------------------------------------------------------------------------------------------------
HOVENSA....................  Boilers:
                            ----------------------------------------------------------------------------------------------------------------------------
                                1 (B-1151)...........................  ......................           330.1           450.6  40.6.
                                3 (B-1153)...........................  ......................           330.1           450.6  40.6.
                                4 (B-1154)...........................  ......................           322.5           443.5  39.7.
                                5 (B-1155)...........................  ......................           484.9           676.9  60.7.
                                6 (B-3301)...........................  ......................           330.8           435.3  40.6.
                                7 (B-3302)...........................  ......................           330.8           435.3  40.6.
                                8 (B-3303)...........................  ......................           640.1           559.8  78.6.
                                9 (B-3304)...........................  ......................           640.1           559.8  78.6.
                            ----------------------------------------------------------------------------------------------------------------------------
                             Turbines:
                            ----------------------------------------------------------------------------------------------------------------------------
                                GT1 (G-1101E)........................  ......................           135.5           805.7  12.2.
                                GT2 (G-1101F)........................  ......................           135.5           805.7  12.2.
                                GT3 (G-1101G)........................  ......................           135.5           805.7  12.2.
                                GT4 (G-3404).........................  ......................           161.0           809.5  12.9.
                                GT5 (G-3405).........................  ......................           161.0           766.5  12.9.
                                GT6 (G-3406).........................  ......................           161.0           766.5  12.9.
                                GT7 (G-3407).........................  ......................           161.0           766.5  12.9.
                                GT8 (G-3408).........................  ......................           167.6          1002.1  15.1.
                                GT9 (G-3409).........................  Steam Injection for               52.2           150.2  14.0.
                                                                        NOX Control.
                            ----------------------------------------------------------------------------------------------------------------------------
                             Process Heaters:
                            ----------------------------------------------------------------------------------------------------------------------------
                                H-101................................  ......................           155.5           232.5  19.3.
                                H-104................................  ......................           115.5           172.8  17.2.
                                H-200................................  ......................             8.1            16.0  1.2.
                                H-201................................  ......................             8.2            16.1  1.2.
                                H-202................................  ......................            26.6           146.5  4.0.
                                H-401A...............................  ......................           197.6           279.1  24.4.
                                H-401B...............................  ......................           197.6           279.1  24.4.
                                H-401C...............................  ......................           197.6           279.1  24.4.
                                H-1401A..............................  ......................           163.1           388.7  21.1.
                                H-1401B..............................  ......................           155.4           370.2  20.1.
                                H-1500...............................  ......................            13.0            25.5  2.0.
                                H-1501...............................  ......................            13.7            26.8  2.0.
                                H-160................................  ......................            29.6           163.0  4.4.
                                H-600................................  ......................            11.5            22.5  1.7.
                                H-601................................  ......................             7.8            15.2  1.2.
                                H-602................................  ......................            62.6           344.4  9.4.
                                H-603................................  ......................            17.2            33.7  2.6.
                                H-604................................  ......................             8.1            15.9  1.2.
                                H-605................................  ......................             3.4             6.6  0.5.
                                H-606................................  ......................            11.8            23.1  1.8.
                                H-800A...............................  ......................             9.4            18.4  1.4.
                                H-800B...............................  ......................             9.4            18.4  1.4.
                                H-801................................  ......................            22.0           121.1  3.3.
                                H-2101...............................  ......................           116.4           283.2  15.1.
                                H-2102...............................  ......................           112.7           274.1  14.6.
                                H-2201A..............................  ......................            13.4            26.3  2.0.
                                H-2201B..............................  ......................            13.4            26.3  2.0.
                                H-2202...............................  ......................            26.1           143.7  3.9.
                                H-2400...............................  ......................             7.2            14.2  1.1.
                                H-2401...............................  ......................            24.1           132.5  3.6.
                                H-2501...............................  ......................            44.5           244.5  6.7.
                                H-4502...............................  ......................            32.5           178.9  4.9.
                                H-4503...............................  ......................            30.8           169.6  4.6.
                                H-4504...............................  ......................            27.6           151.9  4.1.
                                H-4505...............................  ......................            23.9           131.3  3.6.
                                H-3101A..............................  ......................           356.7           507.1  48.1.
                                H-3101B..............................  ......................           356.7           507.1  48.1.
                                H-4101A..............................  ......................           356.7           507.1  48.1.
                                H-4101B..............................  ......................           356.7           507.1  48.1.
                                H-4401...............................  ......................            29.4           161.5  4.4.
                                H-4402...............................  ......................            28.0           153.8  4.2.
                                H-4451...............................  ......................            83.4           458.7  12.5.
                                H-4452...............................  ......................            54.3           298.6  8.1.
                                H-4453...............................  ......................            54.3           298.6  8.1.
                                H-4454...............................  ......................            16.9            33.1  2.5.

[[Page 7733]]

 
                                H-4455...............................  ......................            30.3           166.6  4.5.
                                H-4201...............................  ......................           367.7           448.1  44.9.
                                H-4202...............................  ......................           355.7           433.6  43.4.
                                H-5401...............................  ......................            29.4           161.5  4.4.
                                H-5402...............................  ......................              28           153.8  4.2.
                                H-5451...............................  ......................            83.4           458.7  12.5.
                                H-5452...............................  ......................            54.3           298.6  8.1.
                                H-5453...............................  ......................            54.3           298.6  8.1.
                                H-5454...............................  ......................            16.9            33.1  2.5.
                                H-5455...............................  ......................            30.3           166.6  4.5.
                                H-4601A..............................  ......................            13.4            26.3  2.
                                H-4601B..............................  ......................            13.4            26.3  2.
                                H-4602...............................  ......................            26.1           143.7  3.9.
                                H-4301A..............................  ......................            14.6            28.7  2.2.
                                H-4301B..............................  ......................            14.6            28.7  2.2.
                                H-4302...............................  ......................            26.7           147.1  4.
                                H-5301A..............................  ......................            14.6            28.7  2.2.
                                H-5301B..............................  ......................            14.6            28.7  2.2.
                                H-5302...............................  ......................            26.7           147.1  4.
                            ----------------------------------------------------------------------------------------------------------------------------
                             TGT unit No. 2 Beavo:
                            ----------------------------------------------------------------------------------------------------------------------------
                                H-4761 & T-4761......................  ......................             2.0             4.0  1.0.
                            ----------------------------------------------------------------------------------------------------------------------------
                             TGI units:
                            ----------------------------------------------------------------------------------------------------------------------------
                                H-1032...............................  ......................             1.6             3.1  0.2.
                                H-1042...............................  ......................             3.3             6.5  0.5.
                                H-4745...............................  ......................           900.0            28.0  3.0.
                            ----------------------------------------------------------------------------------------------------------------------------
                             Compressors:
                            ----------------------------------------------------------------------------------------------------------------------------
                                C-200A...............................  Catalytic Converters               0.0            33.1  0.2.
                                                                        for NOX and CO
                                                                        control.
                                C-200B...............................  Catalytic Converters               0.0            33.1  0.2.
                                                                        for NOX and CO
                                                                        control.
                                C-200C...............................  Catalytic Converters               0.0            33.1  0.2.
                                                                        for NOX and CO
                                                                        control.
                                C-1500A..............................  ......................             0.0            40.0  0.1.
                                C-1500B..............................  ......................             0.0            40.0  0.1.
                                C-1500C..............................  ......................             0.0            40.0  0.1.
                                C-2400A..............................  Catalytic Converters               0.0            19.4  0.3.
                                                                        for NOx and CO
                                                                        control.
                                C-2400B..............................  Catalytic Converters               0.0            19.4  0.3.
                                                                        for NOX and CO
                                                                        control.
                                C-4601A..............................  ......................             0.0           380.6  0.9.
                                C-4601B..............................  ......................             0.0           380.6  0.9.
                                C-4601C..............................  ......................             0.0           380.6  0.9.
                            ----------------------------------------------------------------------------------------------------------------------------
                             Flares:
                            ----------------------------------------------------------------------------------------------------------------------------
                                #2 Flare (H-1105)....................  ......................           150.0           237.0  negligible.
                                #3 Flare (H-1104)....................  ......................           150.0           237.0  negligible.
                                #5 Flare (H-3351)....................  ......................           150.0           237.0  negligible.
                                #6 Flare (H-3352)....................  ......................           150.0           237.0  negligible.
                                #7 Flare (H-3301)....................  ......................           150.0           237.0  negligible.
                            ----------------------------------------------------------------------------------------------------------------------------
                             Water Pumps:
                            ----------------------------------------------------------------------------------------------------------------------------
                                PD-1602..............................  ......................             1.9            40.6  2.9.
                                PD-1603..............................  ......................             1.9            40.6  2.9.
                                PD-1604..............................  ......................             1.9            40.6  2.9.
                                PD-1605..............................  ......................             1.9            40.6  2.9.
                                PD-1620..............................  ......................             1.3            27.0  1.9.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-02657 Filed 2-9-22; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on February 10, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.