Vol. 77 Thursday, No. 32 February 16, 2012 Part II Environmental Protection Agency 40 CFR Parts 60 and 63 National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial- Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units; Final Rule VerDate Mar<15>2010 22:15 Feb 15, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16FER2.SGM 16FER2 srobinson on DSK4SPTVN1PROD with RULES2 9304 Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Rules and Regulations ENVIRONMENTAL PROTECTION EPA–HQ–OAR–2011–0044 (NSPS B. Peer Review of the Hg Risk TSD AGENCY action) or Docket ID No. EPA–HQ– Supporting the Appropriate and OAR–2009–0234 (NESHAP action). All Necessary Finding for Coal and Oil-Fired 40 CFR Parts 60 and 63 documents in the dockets are listed on EGUs and EPA Response C. Summary of Results of Revised Hg Risk [EPA–HQ–OAR–2009–0234; EPA–HQ–OAR– the http://www.regulations.gov Web TSD of Risks to Populations With High 2011–0044, FRL–9611–4] site. Although listed in the index, some Levels of Self-Caught Fish Consumption information is not publicly available, D. Peer Review of the Approach for RIN 2060–AP52; RIN 2060–AR31 e.g., confidential business information Estimating Cancer Risks Associated With Cr and Ni Emissions in the U.S. EGU National Emission Standards for or other information whose disclosure is restricted by statute. Certain other Case Studies of Cancer and Non-Cancer Hazardous Air Pollutants From Coal- Inhalation Risks for Non-Mercury Hg and Oil-Fired Electric Utility Steam material, such as copyrighted material, is not placed on the Internet and will be HAP and EPA Response Generating Units and Standards of E. Summary of Results of Revised U.S. Performance for Fossil-Fuel-Fired publicly available only in hard copy EGU Case Studies of Cancer and Non- Electric Utility, Industrial-Commercial- form. Publicly available docket Cancer Inhalation Risks for Non-Mercury Institutional, and Small Industrial- materials are available either Hg HAP Commercial-Institutional Steam electronically through http:// F. Public Comments and Responses to the Appropriate and Necessary Finding Generating Units www.regulations.gov or in hard copy at EPA’s Docket Center, Public Reading G. EPA Affirms the Finding That It Is AGENCY: Environmental Protection Room, EPA West Building, Room 3334, Appropriate and Necessary To Regulate Agency (EPA). 1301 Constitution Avenue NW., EGUs To Address Public Health and Environmental Hazards Associated With ACTION: Final rule. Washington, DC 20004. This Docket Emissions of Hg and Non-Mercury Hg Facility is open from 8:30 a.m. to 4:30 HAP From EGUs SUMMARY: On May 3, 2011, under p.m., Monday through Friday, excluding IV. Denial of Delisting Petition authority of Clean Air Act (CAA) legal holidays. The telephone number A. Requirements of Section 112(c)(9) sections 111 and 112, the EPA proposed for the Public Reading Room is (202) B. Rationale for Denying UARG’s Delisting both national emission standards for 566–1744, and the telephone number for Petition hazardous air pollutants (NESHAP) the Air Docket is (202) 566–1741. C. EPA’s Technical Analyses for the Appropriate and Necessary Finding from coal- and oil-fired electric utility FOR FURTHER INFORMATION CONTACT: For steam generating units (EGUs) and Provide Further Support for the the NESHAP action: Mr. William Conclusion That Coal-Fired EGUs standards of performance for fossil-fuel- Maxwell, Energy Strategies Group, fired electric utility, industrial- Should Remain a Listed Source Category Sector Policies and Programs Division, V. Summary of the Final NESHAP commercial-institutional, and small (D243–01), Office of Air Quality A. What is the source category regulated by industrial-commercial-institutional Planning and Standards, U.S. this final rule? steam generating units (76 FR 24976). Environmental Protection Agency, B. What is the affected source? After consideration of public comments, Research Triangle Park, North Carolina C. What are the pollutants regulated by this the EPA is finalizing these rules in this 27711; Telephone number: (919) 541– final rule? D. What emission limits and work practice action. 5430; Fax number (919) 541–5450; Pursuant to CAA section 111, the EPA standards must I meet? Email address: [email protected]. E. What are the requirements during is revising standards of performance in For the NSPS action: Mr. Christian response to a voluntary remand of a periods of startup, shutdown, and Fellner, Energy Strategies Group, Sector malfunction? final rule. Specifically, we are amending Policies and Programs Division, (D243– F. What are the testing and initial new source performance standards 01), Office of Air Quality Planning and compliance requirements? (NSPS) after analysis of the public Standards, U.S. Environmental G. What are the continuous compliance comments we received. We are also Protection Agency, Research Triangle requirements? finalizing several minor amendments, Park, North Carolina 27711; Telephone H. What are the notification, recordkeeping and reporting requirements? technical clarifications, and corrections number: (919) 541–4003; Fax number to existing NSPS provisions for fossil I. Submission of Emissions Test Results to (919) 541–5450; Email address: the EPA fuel-fired EGUs and large and small [email protected]. industrial-commercial-institutional VI. Summary of Significant Changes Since Proposal steam generating units. SUPPLEMENTARY INFORMATION: The information presented in this A. Applicability Pursuant to CAA section 112, the EPA B. Subcategories is establishing NESHAP that will preamble is organized as follows: C. Emission Limits require coal- and oil-fired EGUs to meet I. General Information D. Work Practice Standards for Organic hazardous air pollutant (HAP) standards A. Does this action apply to me? HAP Emissions reflecting the application of the B. Where can I get a copy of this E. Requirements During Startup, maximum achievable control document? Shutdown, and Malfunction technology. This rule protects air C. Judicial Review F. Testing and Initial Compliance quality and promotes public health by D. What are the costs and benefits of these G. Continuous Compliance reducing emissions of the HAP listed in final rules? H. Emissions Averaging II. Background Information on the NESHAP I. Notification, Recordkeeping and CAA section 112(b)(1). A. What is the statutory authority for this Reporting DATES: This final rule is effective on final NESHAP? J. Technical/Editorial Corrections April 16, 2012. The incorporation by B. What is the litigation history of this final VII. Public Comments and Responses to the reference of certain publications listed rule? Proposed NESHAP in this rule is approved by the Director C. What is the relationship between this A. MACT Floor Analysis of the Federal Register as of April 16, final rule and other combustion rules? B. Rationale for Subcategories 2012. D. What are the health effects of pollutants C. Surrogacy emitted from coal- and oil-fired EGUs? D. Area Sources ADDRESSES: The EPA established two III. Appropriate and Necessary Finding E. Health-Based Emission Limits dockets for this action: Docket ID. No. A. Overview F. Compliance Date and Reliability Issues VerDate Mar<15>2010 22:15 Feb 15, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16FER2.SGM 16FER2 srobinson on DSK4SPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Rules and Regulations 9305 G. Cost and Technology Basis Issues A. Executive Order 12866, Regulatory Significantly Affect Energy Supply, H. Testing and Monitoring Planning and Review and Executive Distribution, or Use VIII. Background Information on the NSPS Order 13563, Improving Regulation and I. National Technology Transfer and A. What is the statutory authority for this Regulatory Review Advancement Act final NSPS? B. Paperwork Reduction Act J. Executive Order 12898: Federal Actions B. What is the regulatory authority for the C. Regulatory Flexibility Act as Amended To Address Environmental Justice in final rule? by the Small Business Regulatory Minority Populations and Low-Income IX. Summary of the Final NSPS Enforcement Fairness Act (RFA) of 1996 X. Summary of Significant Changes Since SBREFA), 5 U.S.C. 601 et seq. Populations Proposal D. Unfunded Mandates Reform Act of 1995 K. Congressional Review Act XI. Public Comments and Responses to the E. Executive Order 13132, Federalism Proposed NSPS F. Executive Order 13175, Consultation I. General Information XII. Impacts of the Final Rule and Coordination With Indian Tribal A. What are the air impacts? Governments A. Does this action apply to me? B. What are the energy impacts? G. Executive Order 13045, Protection of C. What are the cost impacts? Children From Environmental Health The regulated categories and entities D. What are the economic impacts? Risks and Safety Risks potentially affected by the final E. What are the benefits of this final rule? H. Executive Order 13211, Actions standards are shown in Table 1 of this XIII. Statutory and Executive Order Reviews Concerning Regulations That preamble. TABLE 1—POTENTIALLY AFFECTED REGULATED CATEGORIES AND ENTITIES 1 Examples of potentially Category NAICS code regulated entities Industry ................................................................. 221112 Fossil fuel-fired electric utility steam