National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review; Correction

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 63</CFR> <DEPDOC>[EPA-HQ-OAR-2017-0015; FRL-5948.2-02-OAR]</DEPDOC> <RIN>RIN 2060-AV59</RIN> <SUBJECT>National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review; Correction</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule; technical correction. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is making corrections to the National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants (Lime Manufacturing NESHAP) technology review final rule that appeared in the <E T="04">Federal Register</E> on July 16, 2024. Following publication of this final rule, the EPA discovered inadvertent errors in the regulatory text and is correcting them in this action. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> The final rule is effective on December 4, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2017-0015. All documents in the docket are listed on the <E T="03">https://www.regulations.gov/</E> website. Although listed, some information is not publicly available, <E T="03">e.g.,</E> 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 <E T="03">https://www.regulations.gov/.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Mr. Brian Storey, Mail Drop: D243-04, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number: (919) 541-1103; and email address: <E T="03">storey.brian@epa.gov.</E> <E T="03">Preamble acronyms and abbreviations.</E> Throughout this document the use of “we,” “us,” or “our” is intended to refer to the EPA. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: <EXTRACT> <FP SOURCE="FP-1">APA Administrative Procedure Act</FP> <FP SOURCE="FP-1">BTF beyond the floor</FP> <FP SOURCE="FP-1">CAA Clean Air Act</FP> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">EPA Environmental Protection Agency</FP> <FP SOURCE="FP-1">FR Federal Register</FP> <FP SOURCE="FP-1">HAP hazardous air pollutants</FP> <FP SOURCE="FP-1">MACT Maximum Achievable Control Technology</FP> <FP SOURCE="FP-1">NAICS North American Industry Classification System</FP> <FP SOURCE="FP-1">NESHAP National Emission Standards for Hazardous Air Pollutants</FP> </EXTRACT> <E T="03">Organization of this document.</E> The information in this preamble is organized as follows: <EXTRACT> <FP SOURCE="FP-2">I. General Information</FP> <FP SOURCE="FP1-2">A. Does this action apply to me?</FP> <FP SOURCE="FP1-2">B. Where can I get a copy of this document and other related information?</FP> <FP SOURCE="FP1-2">C. Statutory Authority</FP> <FP SOURCE="FP1-2">D. Judicial Review and Administrative Reconsideration</FP> <FP SOURCE="FP-2">II. Summary of Final Action</FP> <FP SOURCE="FP-2">III. Summary of Cost, Environmental, and Economic Impacts</FP> <FP SOURCE="FP-2">IV. Rulemaking Procedures</FP> <FP SOURCE="FP-2">V. Statutory and Executive Order Reviews</FP> </EXTRACT> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. General Information</HD> <HD SOURCE="HD2">A. Does this action apply to me?</HD> <E T="03">Regulated entities.</E> Categories and entities potentially affected by this action are shown in table 1 of this preamble. <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s100,r100"> <TTITLE>Table 1—NESHAP and Industrial Source Categories Affected by This Final Action</TTITLE> <CHED H="1">Source category and NESHAP</CHED> <ENT>32741, 33111, 3314.</ENT> </ROW> <TNOTE> <SU>1</SU>  North American Industry Classification System (NAICS). </TNOTE> </GPOTABLE> Table 1 of this preamble is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by the final action for the source category listed. To determine whether your facility is affected, you should examine the applicability criteria in the Lime Manufacturing NESHAP. If you have any questions regarding the applicability of any aspect of this NESHAP, please contact the appropriate person listed in the preceding <E T="02">FOR FURTHER INFORMATION CONTACT</E> section of this preamble. <HD SOURCE="HD2">B. Where can I get a copy of this document and other related information?</HD> In addition to being available in the docket, an electronic copy of this final action will also be available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this final action at: <E T="03">https://www.epa.gov/stationary-sources-air-pollution/lime-manufacturing-plants-national-emission-standards-hazardous.</E> Following publication in the <E T="04">Federal Register</E> (FR), the EPA will post the FR version and key technical documents at the same website. <HD SOURCE="HD2">C. Statutory Authority</HD> For major sources, the Clean Air Act (CAA) section 112(d)(2) provides that the technology-based NESHAP must reflect the maximum degree of emission reductions of hazardous air pollutants (HAP) achievable after considering cost, energy requirements, and non-air quality health and environmental impacts. These standards are commonly referred to as Maximum Achievable Control Technology (MACT) standards. CAA section 112(d)(3) also establishes a minimum control level for MACT standards, known as the MACT “floor.” The EPA must also consider control options that are more stringent than the floor, commonly referred to as “beyond-the-floor” (BTF) standards. Costs may not be considered when setting the MACT floor and may only be considered when determining whether BTF standards are appropriate. <HD SOURCE="HD2">D. Judicial Review and Administrative Reconsideration</HD> Under Clean Air Act (CAA) section 307(b)(1), judicial review of this final action is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit by February 3, 2025. <HD SOURCE="HD1">II. Summary of Final Action</HD> The EPA finalized MACT standards for the lime manufacturing industry under CAA section 112(d) for 4 previously unregulated pollutants on July 16, 2024. The 4 pollutants regulated in the final rule included hydrogen chloride, mercury, total organic HAP, and dioxin/furans. Following publication of this final rule, the EPA discovered errors in the regulatory text and is correcting them in this action. Specifically, the EPA is revising the Lime Manufacturing NESHAP July 16, 2024, final rule to correctly reference 40 CFR 63.7083(g). In the July 16, 2024, final rule amendatory text, 40 CFR 63.7083 was revised to include new compliance dates associated with the July 16, 2024, final rule. These additions were added to the section as paragraphs (c) and (d). The additions caused 40 CFR 63.7083(e) to be redesignated as 63.7083(g) in the July 16, 2024, final rule amendatory text. This action revises all applicable references in the rule that previously referenced 40 CFR 63.7083(e) to correctly reference 40 CFR 63.7083(g). Additionally, the EPA is correcting 40 CFR 63.7083(h)(2) to correct the compliance date of the hydrogen chloride, mercury, total organic HAP, and dioxin/furan emissions limitations for new sources. The July 16, 2024, final rule inadvertently set the compliance date for these sources as the date the final rule was published in the <E T="04">Federal Register</E> (89 FR 57738, July 16, 2024). This date is being revised to correctly identify the compliance date for these sources as January 5, 2023, or the date of initial startup, whichever is later. This date represents the date that these sources must be in compliance, and is based on the date the proposed amendments were published in the <E T="04">Federal Register</E> (88 FR 805, January 5, 2023). Lastly, the EPA is correcting 40 CFR 63.7112(o), which inadvertently referenced “total hydrocarbons” in the introductory paragraph and equation 5 of paragraph (o) in the July 16, 2024, final rule. The EPA is correcting these errors by revising 40 CFR 63.7112(o) to reference “total organic HAP” instead. These corrections make the regulatory text consistent with what the preamble to the final rule describes. The EPA finds that there is good cause for finalizing these technical corrections without public notice or hearing, as explained in greater detail in section IV of this preamble. Notice and comment procedures are unnecessary here because the public is already aware of this action and its contents. See 5 U.S.C. 553(b)(B). <HD SOURCE="HD1">III. Summary of Cost, Environmental, and Economic Impacts</HD> This action will have no cost, environmental, or economic impacts beyond the impacts presented in the July 16, 2024, Lime Manufacturing NESHAP final rule (89 FR 57738). <HD SOURCE="HD1">IV. Rulemaking Procedures</HD> The EPA's authority for the rulemaking procedures followed in this action is provided by the Administrative Procedure Act (APA), 5 U.S.C. 553. In general, an agency issuing a rule must provide prior notice and an opportunity for public comment, but APA section 553(b)(B) includes an exemption from notice-and-comment requirements “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and publ ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 75k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━