preventative measures adopted.
    (iii) The owner/operator shall submit CEMS performance reports, to
include dates and duration of each period during which the CEMS was
inoperative (except for zero and span adjustments and calibration
checks), reason(s) why the CEMS was inoperative and steps taken to
prevent recurrence, and any CEMS repairs or adjustments.
    (iv) The owner/operator shall also submit results of any CEMS
performance tests required by 40 CFR part 60, appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
    (v) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, the
owner/operator shall state such information in the semiannual report.
    (8) Notifications. (i) The owner/operator shall notify EPA of
commencement of construction of any equipment which is being
constructed to comply with the NOX emission limits in
paragraph (i)(3) of this section.
    (ii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
    (iii) The owner/operator shall submit notification of initial
startup of any such equipment.
    (9) Equipment operations. (i) At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
Determination of whether acceptable operating and maintenance
procedures are being used will be based on information available to the
Regional Administrator which may include, but is not limited to,
monitoring results, review of operating and maintenance procedures, and
inspection of the kiln.
    (ii) After completion of installation of ammonia injection on a
unit, the owner or operator shall inject sufficient ammonia to achieve
compliance with NOX emission limits from paragraph (i)(3)
for that unit while preventing excessive ammonia emissions.
    (10) Enforcement. Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as
to whether the unit would have been in compliance with applicable
requirements if the appropriate performance or compliance test had been
performed, can be used to establish whether or not the owner or
operator has violated or is in violation of any standard or applicable
emission limit in the plan.
    (11) Affirmative defense for malfunctions. The following provisions
of the Arizona Administrative Code are incorporated by reference and
made part of this Federal implementation plan:
    (i) R-18-2-101, paragraph 65;
    (ii) R18-2-310, sections (A), (B), (D) and (E) only; and
    (iii) R18-2-310.01.
    (j) Source-specific federal implementation plan for regional haze
at H. Wilson Sundt Generating Station--(1) Applicability. This
paragraph (j) applies to the owner and operator of the electricity
generating unit (EGU) designated as Unit I4 at the H. Wilson

Sundt Generating Station located in Tucson, Pima County, Arizona.
    (2) Definitions. Terms not defined in this paragraph (j)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing the Clean Air Act. For purposes of this paragraph (j):
    Ammonia injection shall include any of the following: anhydrous
ammonia, aqueous ammonia or urea injection.
    Boiler operating day means a 24-hour period between 12 midnight and
the following midnight during which any fuel is combusted at any time
in the unit.
    Continuous emission monitoring system or CEMS means the equipment
required by 40 CFR Part 75 and this paragraph (j).
    MMBtu means one million British thermal units.
    NOX means nitrogen oxides.
    Owner/operator means any person who owns or who operates, controls,
or supervises the EGU identified in paragraph (j)(1) of this section.
    Pipeline natural gas means a naturally occurring fluid mixture of
hydrocarbons as defined in 40 CFR 72.2.
    PM means total filterable particulate matter.
    PM10 means total particulate matter less than 10 microns
in diameter.
    SO2 means sulfur dioxide.
    Unit means the EGU identified paragraph (j)(1) of this section.
    (3) Emission limitations. The owner/operator of the unit shall not
emit or cause to be emitted pollutants in excess of the following
limitations, in pounds of pollutant per million british thermal units
(lb/MMBtu), from the subject unit.

------------------------------------------------------------------------
                                                      Pollutant emission
                      Pollutant                              limit
------------------------------------------------------------------------
NOX.................................................                0.36
PM..................................................               0.030
SO2.................................................                0.23
------------------------------------------------------------------------

    (4) Alternative emission limitations. The owner/operator of the
unit may choose to comply with the following limitations in lieu of the
emission limitations listed in paragraph (j)(3).
    (i) The owner/operator of the unit shall combust only pipeline
natural gas in the subject unit.
    (ii) The owner/operator of the unit shall not emit or cause to be
emitted pollutants in excess of the following limitations, in pounds of
pollutant per million british thermal units (lb/MMBtu), from the
subject unit.

------------------------------------------------------------------------
                                                      Pollutant emission
                      Pollutant                              limit
------------------------------------------------------------------------
NOX.................................................                0.25
PM10................................................               0.010
SO2.................................................             0.00064
------------------------------------------------------------------------

    (5) Compliance dates. (i) The owner/operator of the unit subject to
this paragraph shall comply with the NOX and SO2
emissions limitations of paragraph (j)(3) of this section no later than
(three years after date of publication of the final rule in the Federal
Register).
    (ii) The owner/operator of the unit subject to this paragraph shall
comply with the PM emissions limitations of paragraph (j)(3) of this
section no later than April 16, 2015.
    (6) Alternative compliance dates. If the owner/operator chooses to
comply with the emission limits of paragraph (j)(4) of this section in
lieu of paragraph (j)(3) of this section, the owner/operator of the
unit shall comply with the NOX, SO2 and
PM10 emissions limitations of paragraph (j)(4) no later than
December 31, 2017.
    (7) Compliance determination--(i) Continuous emission monitoring
system. (A) At all times after the compliance date specified in
paragraph (j)(5)(i) of this section, the owner/operator of the unit
shall maintain, calibrate, and operate a CEMS, in full compliance with
the requirements found at 40 CFR Part 75, to accurately measure
SO2, NOX, diluent, and stack gas volumetric flow
rate from the unit. All valid CEMS hourly data shall be used to
determine compliance with the emission limitations for NOX
and SO2 in paragraph (j)(3) of this section. When the CEMS
is out-of-control as defined by Part 75, that CEMs data shall be
treated as missing data and not used to calculate the emission average.
Each required CEMS must obtain valid data for at least 90 percent of
the unit operating hours, on an annual basis.
    (B) The owner/operator of the unit shall comply with the quality
assurance procedures for CEMS found in 40 CFR Part 75. In addition to
these Part 75 requirements, relative accuracy test audits shall be
calculated for both the NOX and SO2 pounds per
hour measurement and the heat input measurement. The CEMs monitoring
data shall not be bias adjusted. Calculations of relative accuracy for
lb/hr of NOX, SO2 and heat input shall be
performed each time the Part 75 CEMS undergo relative accuracy testing.
    (ii) Ammonia consumption monitoring. Upon and after the completion
of installation of ammonia injection on the unit, the owner or operator
shall install, and thereafter maintain and operate, instrumentation to
continuously monitor and record levels of ammonia consumption for that
unit.
    (iii) Compliance determination for NOX. Compliance with
the NOX emission limit described in paragraph (j)(3) of this
section shall be determined based on a rolling 30 boiler-operating-day
basis. The 30-day rolling NOX emission rate for the unit
shall be calculated for each boiler operating day in accordance with
the following procedure: Step one, sum the hourly pounds of
NOX emitted for the current boiler operating day and the
preceding twenty-nine (29) boiler operating days, to calculate the
total pounds of NOX emitted over the most recent thirty (30)
boiler operating day period for that unit; Step two, sum the total heat
input, in millions of BTU, during the current boiler operating day and
the preceding twenty-nine (29) boiler operating days, to calculate the
total heat input over the most recent thirty (30) boiler operating day
period for that unit; Step three, divide the total amount of
NOX calculated from Step one by the total heat input
calculated from Step two to calculate the 30-day rolling NOX
emission rate, in pounds per million BTU for that unit. Each 30-day
rolling NOX emission rate shall include all emissions and
all heat input that occur during all periods within any boiler
operating day, including emissions from startup, shutdown and
malfunction. If a valid NOX pounds per hour or heat input is
not available for any hour for the unit, that heat input and
NOX pounds per hour shall not be used in the calculation of
the 30-day rolling emission rate.
    (iv) Compliance determination for SO2. Compliance with
the SO2 emission limit described in paragraph (j)(3) of this
section shall be determined based on a rolling 30 boiler-operating-day
basis. The 30-day rolling SO2 emission rate for the unit
shall be calculated for each boiler operating day in accordance with
the following procedure: Step one, sum the hourly pounds of
SO2 emitted for the current boiler operating day and the
preceding twenty-nine (29) boiler operating days, to calculate the
total pounds of SO2 emitted over the most recent thirty (30)
boiler operating day period for that unit; Step two, sum the total heat
input, in millions of BTU, during the current boiler operating day and
the preceding twenty-nine (29) boiler operating days, to calculate the
total heat input over the most recent thirty (30) boiler operating day
period for that unit; Step three, divide the total amount of
SO2 calculated from Step one by the total heat input
calculated from

Step two to calculate the 30-day rolling SO2 emission rate,
in pounds per million BTU for that unit. Each 30-day rolling
SO2 emission rate shall include all emissions and all heat
input that occur during all periods within any boiler operating day,
including emissions from startup, shutdown and malfunction. If a valid
SO2 pounds per hour or heat input is not available for any
hour for the unit, that heat input and SO2 pounds per hour
shall not be used in the calculation of the 30-day rolling emission
rate.
    (v) Compliance determination for PM. Compliance with the PM
emission limit described in paragraph (j)(3) shall be determined from
annual performance stack tests. Within sixty (60) days either preceding
or following the compliance deadline specified in paragraph (j)(5)(ii)
of this section, and on at least an annual basis thereafter, the owner/
operator of the unit shall conduct a stack test on the unit to measure
PM using EPA Method 5, in 40 CFR part 60, Appendix A. Each test shall
consist of three runs, with each run at least 120 minutes in duration
and each run collecting a minimum sample of 60 dry standard cubic feet.
Results shall be reported in lb/MMBtu using the calculation in 40 CFR
Part 60 Appendix A, Method 19.
    (8) Alternative compliance determination. If the owner/operator
chooses to comply with the emission limits of paragraph (j)(4) of this
section, this paragraph may be used in lieu of paragraph (j)(7) of this
section to demonstrate compliance with the emission limits in paragraph
(j)(4).
    (i) Continuous emission monitoring system. (A) At all times after
the compliance date specified in paragraph (j)(6) of this section, the
owner/operator of the unit shall maintain, calibrate, and operate a
CEMS, in full compliance with the requirements found at 40 CFR part 75,
to accurately measure NOX, diluent, and stack gas volumetric
flow rate from the unit. All valid CEMS hourly data shall be used to
determine compliance with the emission limitations for NOX
in paragraph (j)(4) of this section. When the CEMS is out-of-control as
defined by Part 75, that CEMS data shall be treated as missing data and
not used to calculate the emission average. Each required CEMS must
obtain valid data for at least 90 percent of the unit operating hours,
on an annual basis.
    (B) The owner/operator of the unit shall comply with the quality
assurance procedures for CEMS found in 40 CFR part 75. In addition to
these part 75 requirements, relative accuracy test audits shall be
calculated for both the NOX pounds per hour measurement and
the heat input measurement. The CEMS monitoring data shall not be bias
adjusted. Calculations of relative accuracy for lb/hr of NOX
and heat input shall be performed each time the Part 75 CEMS undergo
relative accuracy testing.
    (ii) Compliance determination for NOX. Compliance with the
NOX emission limit described in paragraph (j)(4) of this
section shall be determined based on a rolling 30 boiler-operating-day
basis. The 30-day rolling NOX emission rate for the unit
shall be calculated for each boiler operating day in accordance with
the following procedure: Step one, sum the hourly pounds of
NOX emitted for the current boiler operating day and the
preceding twenty-nine (29) boiler operating days, to calculate the
total pounds of NOX emitted over the most recent thirty (30)
boiler operating day period for that unit; Step two, sum the total heat
input, in millions of BTU, during the current boiler operating day and
the preceding twenty-nine (29) boiler operating days, to calculate the
total heat input over the most recent thirty (30) boiler operating day
period for that unit; Step three, divide the total amount of
NOX calculated from Step one by the total heat input
calculated from Step two to calculate the 30-day rolling NOX
emission rate, in pounds per million BTU for that unit. Each 30-day
rolling NOX emission rate shall include all emissions and
all heat input that occur during all periods within any boiler
operating day, including emissions from startup and shutdown. If a
valid NOX pounds per hour or heat input is not available for
any hour for the unit, that heat input and NOX pounds per
hour shall not be used in the calculation of the 30-day rolling
emission rate.
    (iii) Compliance determination for SO2. Compliance with the
SO2 emission limit for the unit shall be determined from
fuel sulfur documentation demonstrating the use of pipeline natural
gas.
    (iv) Compliance determination for PM10. Compliance with the
PM10 emission limit for the unit shall be determined from
performance stack tests. Within sixty (60) days following the
compliance deadline specified in paragraph (j)(6) of this section, and
at the request of the Regional Administrator thereafter, the owner/
operator of the unit shall conduct a stack test on the unit to measure
PM10 using EPA Method 201A and Method 202, per 40 CFR part
51, Appendix M. Each test shall consist of three runs, with each run at
least 120 minutes in duration and each run collecting a minimum sample
of 60 dry standard cubic feet. Results shall be reported in lb/MMBtu
using the calculation in 40 CFR part 60 Appendix A, Method 19.
    (9) Recordkeeping. The owner or operator shall maintain the
following records for at least five years:
    (i) CEMS data measuring NOX in lb/hr, SO2 in
lb/hr, and heat input rate per hour.
    (ii) Daily 30-day rolling emission rates of NOX and
SO2 calculated in accordance with paragraphs (j)(7)(iii) and
(iv) of this section.
    (iii) Records of the relative accuracy test for NOX lb/
hr and SO2 lb/hr measurement, and hourly heat input
measurement.
    (iv) Records of quality assurance and quality control activities
for emissions systems including, but not limited to, any records
required by 40 CFR part 75.
    (v) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
    (vi) Any other records required by 40 CFR part 75.
    (vii) Records of ammonia consumption for the unit, as recorded by
the instrumentation required in paragraph (j)(7)(ii) of this section.
    (viii) All PM stack test results.
    (10) Alternative recordkeeping requirements. If the owner/operator
chooses to comply with the emission limits of paragraph (j)(4) of this
section, the owner/operator shall maintain the records listed in this
paragraph in lieu of the records contained in paragraph (j)(9) of this
section. The owner or operator shall maintain the following records for
at least five years:
    (i) CEMS data measuring NOX in lb/hr and heat input rate
per hour.
    (ii) Daily 30-day rolling emission rates of NOX
calculated in accordance with paragraph (j)(8)(ii) of this section.
    (iii) Records of the relative accuracy test for NOX lb/
hr measurement and hourly heat input measurement.
    (iv) Records of quality assurance and quality control activities
for emissions systems including, but not limited to, any records
required by 40 CFR part 75.
    (v) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
    (vi) Any other records required by 40 CFR part 75.
    (vii) Records sufficient to demonstrate that the fuel for the unit
is pipeline natural gas.
    (viii) All PM10 stack test results.
    (11) Notifications. (i) By July 31, 2015, the owner/operator shall
notify the Regional Administrator by letter whether it will comply with
the emission limits in paragraph (j)(3) of this section or whether it
will comply

with the emission limits in paragraph (j)(4) of this section.
    (ii) The owner/operator shall notify EPA of commencement of
construction of any equipment which is being constructed to comply with
either the NOX or SO2 emission limits in
paragraph (j)(3) of this section.
    (iii) The owner/operator shall submit semiannual progress reports
on construction of any such equipment.
    (iv) The owner/operator shall submit notification of initial
startup of any such equipment.
    (12) Reporting. All reports required under this section shall be
submitted by the owner/operator to the Director, Enforcement Division
(Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, California 94105-3901. All reports
required under this section shall be submitted within 30 days after the
applicable compliance date(s) in paragraph (j)(5) of this section and
at least semiannually thereafter, within 30 days after the end of a
semiannual period. The owner/operator may submit reports more
frequently than semiannually for the purposes of synchronizing reports
required under this section with other reporting requirements, such as
the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A),
but at no point shall the duration of a semiannual period exceed six
months.
    (i) The owner/operator shall submit a report that lists the daily
30-day rolling emission rates for NOX and SO2.
    (ii) The owner/operator shall submit excess emission reports for
NOX and SO2 limits. Excess emissions means
emissions that exceed the emissions limits specified in paragraph
(j)(3) of this section. Excess emission reports shall include the
magnitude, date(s), and duration of each period of excess emissions,
specific identification of each period of excess emissions that occurs
during startups, shutdowns, and malfunctions of the unit, the nature
and cause of any malfunction (if known), and the corrective action
taken or preventative measures adopted.
    (iii) The owner/operator shall submit CEMS performance reports, to
include dates and duration of each period during which the CEMS was
inoperative (except for zero and span adjustments and calibration
checks), reason(s) why the CEMS was inoperative and steps taken to
prevent recurrence, and any CEMS repairs or adjustments.
    (iv) The owner/operator shall submit the results of any relative
accuracy test audits performed during the two preceding calendar
quarters.
    (v) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, the
owner/operator shall state such information in the semiannual report.
    (vi) The owner/operator shall submit results of any PM stack tests
conducted for demonstrating compliance with the PM limit specified in
paragraph (j)(3).
    (13) Alternative reporting requirements. If the owner/operator
chooses to comply with the emission limits of paragraph (j)(4) of this
section, the owner/operator shall submit the reports listed in this
paragraph in lieu of the reports contained in paragraph (j)(12) of this
section. All reports required under this paragraph shall be submitted
by the owner/operator to the Director, Enforcement Division (Mail Code
ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne
Street, San Francisco, California 94105-3901. All reports required
under this paragraph shall be submitted within 30 days after the
applicable compliance date(s) in paragraph (j)(6) of this section and
at least semiannually thereafter, within 30 days after the end of a
semiannual period. The owner/operator may submit reports more
frequently than semiannually for the purposes of synchronizing reports
required under this section with other reporting requirements, such as
the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A),
but at no point shall the duration of a semiannual period exceed six
months.
    (i) The owner/operator shall submit a report that lists the daily
30-day rolling emission rates for NOX.
    (ii) The owner/operator shall submit excess emissions reports for
NOX limits. Excess emissions means emissions that exceed the
emissions limits specified in paragraph (j)(4) of this section. The
reports shall include the magnitude, date(s), and duration of each
period of excess emissions, specific identification of each
period of excess emissions that occurs during startups, shutdowns, and
malfunctions of the unit, the nature and cause of any malfunction (if
known), and the corrective action taken or preventative measures
adopted.
    (iii) The owner/operator shall submit CEMS performance reports, to
include dates and duration of each period during which the CEMS was
inoperative (except for zero and span adjustments and calibration
checks), reason(s) why the CEMS was inoperative and steps taken to
prevent recurrence, and any CEMS repairs or adjustments.
    (iv) The owner/operator shall submit the results of any relative
accuracy test audits performed during the two preceding calendar
quarters.
    (v) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, the
owner/operator shall state such information in the semiannual report.
    (vi) The owner/operator shall submit results of any PM10
stack tests conducted for demonstrating compliance with the
PM10 limit specified in paragraph (j)(4) of this section.
    (14) Equipment operations. (i) At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
Determination of whether acceptable operating and maintenance
procedures are being used will be based on information available to the
Regional Administrator which may include, but is not limited to,
monitoring results, review of operating and maintenance procedures, and
inspection of the unit.
    (ii) After completion of installation of ammonia injection on a
unit, the owner or operator shall inject sufficient ammonia to achieve
compliance with NOX emission limits contained in paragraph
(j)(3) of this section for that unit while preventing excessive ammonia
emissions.
    (15) Enforcement. Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as
to whether the unit would have been in compliance with applicable
requirements if the appropriate performance or compliance test had been
performed, can be used to establish whether or not the owner or
operator has violated or is in violation of any standard or applicable
emission limit in the plan.
    (16) Affirmative defense for malfunctions. The following provisions
of the Arizona Administrative Code are incorporated by reference and
made part of this federal implementation plan:
    (i) R-18-2-101, paragraph 65;
    (ii) R18-2-310, sections (A), (B), (D) and (E) only; and
    (iii) R18-2-310.01.
    (k) Source-specific federal implementation plan for regional haze
at Clarkdale Cement Plant and Rillito Cement Plant--(1) Applicability.
This

paragraph (k) applies to each owner/operator of the following cement
kilns in the state of Arizona: Kiln 4 located at the cement plant in
Clarkdale, Arizona, and Kiln 4 located at the cement plant in Rillito,
Arizona.
    (2) Definitions. Terms not defined in this paragraph (k)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing the Clean Air Act. For purposes of this paragraph (k):
    Ammonia injection shall include any of the following: Anhydrous
ammonia, aqueous ammonia or urea injection.
    Continuous emission monitoring system or CEMS means the equipment
required by this section to sample, analyze, measure, and provide, by
means of readings recorded at least once every 15 minutes (using an
automated data acquisition and handling system (DAHS)), a permanent
record of NOX emissions, diluent, or stack gas volumetric
flow rate.
    Kiln operating day means a 24-hour period between 12 midnight and
the following midnight during which the kiln operates.
    NOX means nitrogen oxides.
    Owner/operator means any person who owns or who operates, controls,
or supervises a cement kiln identified in paragraph (k)(1) of this
section.
    Unit means a cement kiln identified in paragraph (k)(1) of this
section.
    (3) Emissions limitations. The owner/operator of each unit
identified in paragraph (k)(1) of this section shall not emit or cause
to be emitted NOX in excess of the following limitations, in
pounds per ton of clinker produced, based on a rolling 30-kiln
operating day basis.

------------------------------------------------------------------------
                                                           NOX emission
                      Cement Kiln                           limitation
------------------------------------------------------------------------
Clarkdale Plant, Kiln 4................................             2.12
Rillito Plant, Kiln 4..................................             2.67
------------------------------------------------------------------------

    (4) Compliance date. The owner/operator of each unit identified in
paragraph (k)(i) of this section shall comply with the NOX
emissions limitations and other NOX-related requirements of
this paragraph (k) no later than (three years after date of publication
of the final rule in the Federal Register).
    (5) Compliance determination--(i) Continuous emission monitoring
system. (A) At all times after the compliance date specified in
paragraph (k)(4) of this section, the owner/operator of the unit at the
Clarkdale Plant shall maintain, calibrate, and operate a CEMS, in full
compliance with the requirements found at 40 CFR 60.63(f) and (g), to
accurately measure concentration by volume of NOX, diluent,
and stack gas volumetric flow rate from the in-line/raw mill stack, as
well as the stack gas volumetric flow rate from the coal mill stack.
The CEMS shall be used by the owner/operator to determine compliance
with the emission limitation in paragraph (k)(3) of this section, in
combination with data on actual clinker production. The owner/operator
must operate the monitoring system and collect data at all required
intervals at all times the affected unit is operating, except for
periods of monitoring system malfunctions, repairs associated with
monitoring system malfunctions, and required monitoring system quality
assurance or quality control activities (including, as applicable,
calibration checks and required zero and span adjustments).
    (B) At all times after the compliance date specified in paragraph
(k)(4) of this section, the owner/operator of the unit at the Rillito
Plant shall maintain, calibrate, and operate a CEMS, in full compliance
with the requirements found at 40 CFR 60.63(f) and (g), to accurately
measure concentration by volume of NOX, diluent, and stack
gas volumetric flow rate from the unit. The CEMS shall be used by the
owner/operator to determine compliance with the emission limitation in
paragraph (k)(3) of this section, in combination with data on actual
clinker production. The owner/operator must operate the monitoring
system and collect data at all required intervals at all times the
affected unit is operating, except for periods of monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
and required monitoring system quality assurance or quality control
activities (including, as applicable, calibration checks and required
zero and span adjustments).
    (ii) Methods. (A) The owner/operator of each unit shall record the
daily clinker production rates.
    (B)(1) The owner/operator of each unit shall calculate and record
the 30-kiln operating day average emission rate of NOX, in
lb/ton of clinker produced, as the total of all hourly emissions data
for the cement kiln in the preceding 30-kiln operating days, divided by
the total tons of clinker produced in that kiln during the same 30-day
operating period, using the following equation:
[GRAPHIC] [TIFF OMITTED] TP18FE14.000

Where:

ED = 30 kiln operating day average emission rate of
NOX, lb/ton of clinker;
Ci = Concentration of NOX for hour i, ppm;
Qi = volumetric flow rate of effluent gas for hour i,
where Ci and Qi are on the same basis (either
wet or dry), scf/hr;
Pi = total kiln clinker produced during production hour
i, ton/hr;
k = conversion factor, 1.194 x 10-7 for NOX;
and.
n = number of kiln operating hours over 30 kiln operating days, n =
1 to 720.

    (2) For each kiln operating hour for which the owner/operator does
not have at least one valid 15-minute CEMS data value, the owner/
operator must use the average emissions rate (lb/hr) from the most
recent previous hour for which valid data are available. Hourly clinker
production shall be determined by the owner/operator in accordance with
the requirements found at 40 CFR 60.63(b).
    (C) At the end of each kiln operating day, the owner/operator shall
calculate and record a new 30-day rolling average emission rate in lb/
ton clinker from the arithmetic average of all valid hourly emission
rates for the current kiln operating day and the previous 29 successive
kiln operating days.
    (D) Upon and after the completion of installation of ammonia
injection on a unit, the owner/operator shall install, and thereafter
maintain and operate, instrumentation to continuously monitor and
record levels of ammonia consumption that unit.
    (6) Recordkeeping. The owner/operator of each unit shall maintain
the following records for at least five years:
    (i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
    (ii) All records of clinker production.
    (iii) Daily 30-day rolling emission rates of NOX,
calculated in accordance with paragraph (k)(5)(ii) of this section.
    (iv) Records of quality assurance and quality control activities
for emissions measuring systems including, but not limited to, any
records required by 40 CFR part 60, appendix F, Procedure 1.
    (v) Records of ammonia consumption, as recorded by the
instrumentation required in paragraph (k)(5)(ii)(D) of this section.
    (vi) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, CEMS and clinker
production measurement devices.
    (vii) Any other records required by 40 CFR part 60, Subpart F, or
40 CFR part 60, Appendix F, Procedure 1.
    (7) Reporting. All reports required under this section shall be
submitted by the owner/operator to the Director, Enforcement Division
(Mailcode ENF-

2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne
Street, San Francisco, California 94105-3901. All reports required
under this section shall be submitted within 30 days after the
applicable compliance date in paragraph (k)(4) of this section and at
least semiannually thereafter, within 30 days after the end of a
semiannual period. The owner/operator may submit reports more
frequently than semiannually for the purposes of synchronizing reports
required under this section with other reporting requirements, such as
the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A),
but at no point shall the duration of a semiannual period exceed six
months.
    (i) The owner/operator shall submit a report that lists the daily
30-day rolling emission rates for NOX.
    (ii) The owner/operator shall submit excess emissions reports for
NOX limits. Excess emissions means emissions that exceed the
emissions limits specified in paragraph (k)(3) of this section. The
reports shall include the magnitude, date(s), and duration of each
period of excess emissions, specific identification of each period of
excess emissions that occurs during startups, shutdowns, and
malfunctions of the unit, the nature and cause of any malfunction (if
known), and the corrective action taken or preventative measures
adopted.
    (iii) The owner/operator shall submit CEMS performance reports, to
include dates and duration of each period during which the CEMS was
inoperative (except for zero and span adjustments and calibration
checks), reason(s) why the CEMS was inoperative and steps taken to
prevent recurrence, and any CEMS repairs or adjustments.
    (iv) The owner/operator shall also submit results of any CEMS
performance tests required by 40 CFR part 60, appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
    (v) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, the
owner/operator shall state such information in the reports required by
paragraph (k)(7)(ii) of this section.
    (8) Notifications. (i) The owner/operator shall submit notification
of commencement of construction of any equipment which is being
constructed to comply with the NOX emission limits in
paragraph (k)(3) of this section.
    (ii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
    (iii) The owner/operator shall submit notification of initial
startup of any such equipment.
    (9) Equipment operation. (i) At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
Determination of whether acceptable operating and maintenance
procedures are being used will be based on information available to the
Regional Administrator which may include, but is not limited to,
monitoring results, review of operating and maintenance procedures, and
inspection of the unit.
    (ii) After completion of installation of ammonia injection on a
unit, the owner or operator shall inject sufficient ammonia to achieve
compliance with NOX emission limits from paragraph (k)(3)
for that unit while preventing excessive ammonia emissions.
    (10) Enforcement. Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as
to whether the unit would have been in compliance with applicable
requirements if the appropriate performance or compliance test had been
performed, can be used to establish whether or not the owner or
operator has violated or is in violation of any standard or applicable
emission limit in the plan.
    (11) Affirmative defense for malfunctions. The following provisions
of the Arizona Administrative Code are incorporated by reference and
made part of this Federal implementation plan:
    (i) R-18-2-101, paragraph 65;
    (ii) R18-2-310, sections (A), (B), (D) and (E) only; and
    (iii) R18-2-310.01.
    (l) Source-specific federal implementation plan for regional haze
at Hayden Copper Smelter--(1) Applicability. This paragraph (l) applies
to each owner/operator of each batch copper converter and anode
furnaces 1 and 2 at the copper smelting plant located
in Hayden, Gila County, Arizona.
    (2) Definitions. Terms not defined in this paragraph (l)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing the Clean Air Act. For purposes of this paragraph (l):
    Anode furnace means a furnace in which molten blister copper is
refined through introduction of a reducing agent such as natural gas.
    Batch copper converter means a Pierce-Smith converter or Hoboken
converter in which copper matte is oxidized to form blister copper by a
process that is performed in discrete batches using a sequence of
charging, blowing, skimming, and pouring.
    Blister copper means an impure form of copper, typically between 98
and 99 percent pure copper that is the output of the converters.
    Calendar day means a 24 hour period that begins and ends at
midnight, local standard time.
    Continuous emission monitoring system or CEMS means the equipment
required by this section to sample, analyze, measure, and provide, by
means of readings recorded at least once every 15 minutes (using an
automated data acquisition and handling system (DAHS)), a permanent
record of SO2 emissions, other pollutant emissions, diluent,
or stack gas volumetric flow rate.
    Copper matte means a material predominately composed of copper and
iron sulfides produced by smelting copper ore concentrates.
    NOX means nitrogen oxides.
    Owner/operator means any person who owns or who operates, controls,
or supervises the equipment identified in paragraph (l)(1) of this
section.
    SO2 means sulfur dioxide.
    (3) Emission capture. (i) The owner/operator of the batch copper
converters identified in paragraph (l)(1) of this section must operate
a capture system that has been designed to maximize collection of
process off gases vented from each converter. At all times when one or
more converters are blowing, you must operate the capture system
consistent with a written operation and maintenance plan that has been
prepared according to the requirements in 40 CFR 63.1447(b) and
approved by EPA within 180 days of the compliance date in paragraph
(l)(5) of this section. The capture system must include a primary
capture system as described in 40 CFR 63.1444(d)(2) and a secondary
hood as described in 40 CFR 63.1444(d)(2). (ii) The operation of the
batch copper converters and secondary hood shall be optimized to
capture the maximum amount of process off gases vented from each
converter at all times.
    (4) Emission limitations and work practice standards. (i)
SO2 emissions collected by the capture system required by
paragraph (l)(3) of this section must be controlled by one or more
control devices and reduced by at least 99.81

percent, based on a 30-day rolling average.
    (ii) The owner/operator must not cause or allow to be discharged to
the atmosphere from any primary capture system required by paragraph
(l)(3) off-gas that contains nonsulfuric acid particulate matter in
excess of 6.2 mg/dscm as measured using the test methods specified in
40 CFR 63.1450(b).
    (iii) The owner/operator must not cause or allow to be discharged
to the atmosphere from any secondary capture system required by
paragraph (l)(3) of this section off-gas that contains particulate
matter in excess of 23 mg/dscm as measured using the test methods
specified in 40 CFR 63.1450(a).
    (iv) Total NOX emissions from anode furnaces 1
and 2 and the batch copper converters shall not exceed 40 tons
per 12-continuous month period.
    (v) Anode furnaces 1 and 2 shall only be charged
with blister copper or higher purity copper.
    (5) Compliance dates. The owner/operator of each batch copper
converter identified in paragraph (l)(1) of this section shall comply
with the emissions limitations and other requirements of this section
no later than (three years after date of publication of the final rule
in the Federal Register).
    (6) Compliance determination--(i) Continuous emission monitoring
system. At all times after the compliance date specified in paragraph
(e) of this section, the owner/operator of each batch copper converter
identified in paragraph (l)(1) of this section shall maintain,
calibrate, and operate a CEMS, in full compliance with the requirements
found at 40 CFR 60.13 and 40 CFR part 60, Appendices B and F, to
accurately measure the mass emission rate in pounds per hour of
SO2 emissions entering each control device used to control
emissions from the converters, and venting from the converters to the
atmosphere after passing through a control device or an uncontrolled
bypass stack. The CEMS shall be used by the owner/operator to determine
compliance with the emission limitation in paragraph (l)(4) of this
plan. The owner/operator must operate the monitoring system and collect
data at all required intervals at all times that an affected unit is
operating, except for periods of monitoring system malfunctions,
repairs associated with monitoring system malfunctions, and required
monitoring system quality assurance or quality control activities
(including, as applicable, calibration checks and required zero and
span adjustments).
    (ii) Compliance determination for SO2. The 30-day rolling
SO2 emission control efficiency for the converters shall be
calculated for each calendar day in accordance with the following
procedure: Step one, sum the hourly pounds of SO2 vented to
each uncontrolled bypass stack and to each control device used to
control emissions from the converters for the current calendar day and
the preceding twenty-nine (29) calendar days, to calculate the total
pounds of pre-control SO2 emissions over the most recent
thirty (30) calendar day period; Step two, sum the hourly pounds of
SO2 vented to each uncontrolled bypass stack and emitted
from the release point of each control device used to control emissions
from the converters for the current calendar day and the preceding
twenty-nine (29) calendar days, to calculate the total pounds of post-
control SO2 emissions over the most recent thirty (30)
calendar day period; Step three, divide the total amount of post-
control SO2 emissions calculated from Step two by the total
amount of pre-control SO2 emissions calculated from Step
one, subtract the resulting quotient from one, and multiply the
difference by 100 percent to calculate the 30-day rolling
SO2 emission control efficiency as a percentage.
    (iii) Compliance determination for nonsulfuric acid particulate
matter. Compliance with the emission limit for nonsulfuric acid
particulate matter in paragraph (l)(4)(ii) of this section shall be
demonstrated by the procedures in 40 CFR 63.1451(b) and 40 CFR
63.1453(a)(2).
    (iv) Compliance determination for particulate matter. Compliance
with the emission limit for particulate matter in paragraph (l)(4)(iii)
of this section shall be demonstrated by the procedures in 40 CFR
63.1451(a) and 40 CFR 63.1453(a)(1).
    (v) Compliance determination for NOX. Compliance with the emission
limit for NOX in paragraph (l)(4)(iv) of this section shall
be demonstrated by monitoring natural gas consumption in each of the
units identified in paragraph (l)(1) of this section for each calendar
day. At the end of each calendar month, the owner/operator shall
calculate 12-consecutive month NOX emissions by multiplying
the daily natural gas consumption rates for each unit by an approved
emission factor and adding the sums for all units over the previous 12-
consecutive month period.
    (7) Alternative compliance determination for sulfuric acid plants.
If the owner/operator uses one or more double contact acid plants to
control SO2 from the batch copper converters identified in
paragraph (l)(1) of this section, this paragraph may be used to
demonstrate compliance with the emission limit in paragraph (l)(4)(i)
of this section.
    (i) Continuous emission monitoring system. At all times after the
compliance date specified in paragraph (l)(5) of this section, the
owner/operator of each batch copper converter identified in paragraph
(l)(1) of this section shall maintain, calibrate, and operate a CEMS,
in full compliance with the requirements found at 40 CFR 60.13 and 40
CFR part 60, Appendices B and F, to accurately measure the mass
emission rate in pounds per hour of SO2 emissions venting
from the converters to the atmosphere after passing through a control
device or an uncontrolled bypass stack. The CEMS shall be used by the
owner/operator to determine compliance with the emission limitation in
paragraph (l)(4) of this section. The owner/operator must operate the
monitoring system and collect data at all required intervals at all
times that an affected unit is operating, except for periods of
monitoring system malfunctions, repairs associated with monitoring
system malfunctions, and required monitoring system quality assurance
or quality control activities (including, as applicable, calibration
checks and required zero and span adjustments).
    (ii) Daily sulfuric acid production monitoring. At all times after
the compliance date specified in paragraph (l)(5) of this section, the
owner/operator of each batch copper converter subject to this section
shall monitor and maintain records of sulfuric acid production for each
calendar day.
    (iii) Compliance determination for SO2. The 30-day rolling
SO2 emission rate for the converters shall be calculated for
each calendar day in accordance with the following procedure: Step one,
sum the hourly pounds of SO2 vented to each uncontrolled
bypass stack and emitted from the release point of each double contact
acid plant used to control emissions from the converters for the
current calendar day and the preceding twenty-nine (29) calendar days,
to calculate the total pounds of SO2 emissions over the most
recent thirty (30) calendar day period; Step two, sum the total
sulfuric acid production in tons of pure sulfuric acid for the current
calendar day and the preceding twenty-nine (29) calendar days, to
calculate the total tons of sulfuric acid production over the most
recent thirty (30) calendar day period; Step three, divide the total
amount of SO2 emissions calculated from Step one by the
total tons of sulfuric acid production calculated from Step one to
calculate the 30-day rolling

SO2 emission rate in lbs-SO2 per ton of sulfuric
acid. An emission rate of 4.06 or lower shall be deemed to be in
compliance with the emission limit in paragraph (i)(4) of this section.
    (8) Capture system monitoring. For each operating limit established
under the capture system operation and maintenance plan required by
paragraph (l)(4) of this section, the owner/operator must install,
operate, and maintain an appropriate monitoring device according to the
requirements in 40 CFR 63.1452(a)(1) though (6) to measure and record
the operating limit value or setting at all times the required capture
system is operating. Dampers that are manually set and remain in the
same position at all times the capture system is operating are exempted
from these monitoring requirements.
    (9) Recordkeeping. The owner/operator shall maintain the following
records for at least five years:
    (i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
    (ii) Records of quality assurance and quality control activities
for emissions measuring systems including, but not limited to, any
records required by 40 CFR part 60, appendix F, Procedure 1.
    (iii) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
    (iv) Any other records required by 40 CFR part 60, Subpart F, or 40
CFR part 60, Appendix F, Procedure 1.
    (v) Records of all monitoring required by paragraph (l)(8) of this
section.
    (vi) Records of daily sulfuric acid production in tons per day of
pure sulfuric acid if the owner/operator chooses to use the alternative
compliance determination method in paragraph (l)(7) of this section.
    (vii) Records of daily natural gas consumption in each units
identified in paragraph (l)(1) and all calculations performed to
demonstrate compliance with the limit in paragraph (l)(4)(iv).
    (10) Reporting. All reports required under this section shall be
submitted by the owner/operator to the Director, Enforcement Division
(Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, California 94105-3901. All reports
required under this section shall be submitted within 30 days after the
applicable compliance date in paragraph (l)(5) of this section and at
least semiannually thereafter, within 30 days after the end of a
semiannual period. The owner/operator may submit reports more
frequently than semiannually for the purposes of synchronizing reports
required under this section with other reporting requirements, such as
the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A),
but at no point shall the duration of a semiannual period exceed six
months.
    (i) The owner/operator shall promptly submit excess emissions
reports for the SO2 limit. Excess emissions means emissions
that exceed the emissions limit specified in paragraph (d) of this
section. The reports shall include the magnitude, date(s), and duration
of each period of excess emissions, specific identification of each
period of excess emissions that occurs during startups, shutdowns, and
malfunctions of the unit, the nature and cause of any malfunction (if
known), and the corrective action taken or preventative measures
adopted. For the purpose of this paragraph, promptly shall mean within
30 days after the end of the month in which the excess emissions were
discovered.
    (ii) The owner/operator shall submit CEMS performance reports, to
include dates and duration of each period during which the CEMS was
inoperative (except for zero and span adjustments and calibration
checks), reason(s) why the CEMS was inoperative and steps taken to
prevent recurrence, and any CEMS repairs or adjustments. The owner/
operator shall submit reports semiannually.
    (iii) The owner/operator shall also submit results of any CEMS
performance tests required by 40 CFR part 60, appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
    (iv) When no excess emissions have occurred or the CEMS has not
been inoperative, repaired, or adjusted during the reporting period,
the owner/operator shall state such information in the semiannual
report.
    (v) When performance testing is required to determine compliance
with an emission limit in paragraph (l)(4) of this section, the owner/
operator shall submit test reports as specified in 40 CFR part 63,
subpart A.
    (11) Notifications. (i) The owner/operator shall notify EPA of
commencement of construction of any equipment which is being
constructed to comply with the capture or emission limits in paragraph
(l)(3) or (4) of this section.
    (ii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
    (iii) The owner/operator shall submit notification of initial
startup of any such equipment.
    (12) Equipment operations. At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
Determination of whether acceptable operating and maintenance
procedures are being used will be based on information available to the
Regional Administrator which may include, but is not limited to,
monitoring results, review of operating and maintenance procedures, and
inspection of the unit.
    (13) Enforcement. Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as
to whether the unit would have been in compliance with applicable
requirements if the appropriate performance or compliance test had been
performed, can be used to establish whether or not the owner or
operator has violated or is in violation of any standard or applicable
emission limit in the plan.
    (14) Affirmative defense for malfunctions. The following provisions
of the Arizona Administrative Code are incorporated by reference and
made part of this Federal implementation plan:
    (i) R-18-2-101, paragraph 65;
    (ii) R18-2-310, sections (A), (B), (D) and (E) only; and
    (iii) R18-2-310.01.
    (m) Source-specific federal implementation plan for regional haze
at Miami Copper Smelter--(1) Applicability. This paragraph (m) applies
to each owner/operator of each batch copper converter and the electric
furnace at the copper smelting plant located in Hayden, Gila County,
Arizona.
    (2) Definitions. Terms not defined in this paragraph (m)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing the Clean Air Act. For purposes of this paragraph (m):
    Batch copper converter means a Pierce-Smith converter or Hoboken
converter in which copper matte is oxidized to form blister copper by a
process that is performed in discrete batches using a sequence of
charging, blowing, skimming, and pouring.
    Calendar day means a 24 hour period that begins and ends at
midnight, local standard time.

    Continuous emission monitoring system or CEMS means the equipment
required by this section to sample, analyze, measure, and provide, by
means of readings recorded at least once every 15 minutes (using an
automated data acquisition and handling system (DAHS)), a permanent
record of SO2 emissions, other pollutant emissions, diluent,
or stack gas volumetric flow rate.
    Copper matte means a material predominately composed of copper and
iron sulfides produced by smelting copper ore concentrates.
    Electric furnace means a furnace in which copper matte and slag are
heated by electrical resistance without the mechanical introduction of
air or oxygen.
    NOX means nitrogen oxides.
    Owner/operator means any person who owns or who operates, controls,
or supervises the equipment identified in paragraph (m)(1) of this
section.
    Slag means the waste material consisting primarily of iron sulfides
separated from copper matte during the smelting and refining of copper
ore concentrates.
    SO2 means sulfur dioxide.
    (3) Emission capture. (i)The owner/operator of the batch copper
converters identified in paragraph (m)(1) of this section must operate
a capture system that has been designed to maximize collection of
process off gases vented from each converter. At all times when one or
more converters are blowing, you must operate the capture system
consistent with a written operation and maintenance plan that has been
prepared according to the requirements in 40 CFR 63.1447(b) and
approved by EPA within 180 days of the compliance date in paragraph
(m)(5) of this section. The capture system must include a primary
capture system as described in 40 CFR 63.1444(d)(3) and a secondary
hood as described in 40 CFR 63.1444(d)(2). (ii) The operation of the
batch copper converters and secondary hood shall be optimized to
capture the maximum amount of process off gases vented from each
converter at all times.
    (4) Emission limitations and work practice standards. (i)
SO2 emissions collected by the capture system required by
paragraph (m)(3) of this section must be controlled by one or more
control devices and reduced by at least 99.7 percent, based on a 30-day
rolling average.
    (ii) Total NOX emissions the electric furnace and the
batch copper converters shall not exceed 40 tons per 12-continuous
month period.
    (iii) The owner/operator shall not actively aerate the electric
furnace.
    (5) Compliance dates. The owner/operator of each batch copper
converter identified in paragraph (m)(1) of this section shall comply
with the emissions limitations and other requirements of this section
no later than (three years after date of publication of the final rule
in the Federal Register).
    (6) Compliance determination--(i) Continuous emission monitoring
system. At all times after the compliance date specified in paragraph
(e) of this section, the owner/operator of each batch copper converter
identified in paragraph (m)(1) of this section shall maintain,
calibrate, and operate a CEMS, in full compliance with the requirements
found at 40 CFR 60.13 and 40 CFR part 60, Appendices B and F, to
accurately measure the mass emission rate in pounds per hour of
SO2 emissions entering each control device used to control
emissions from the converters, and venting from the converters to the
atmosphere after passing through a control device or an uncontrolled
bypass stack. The CEMS shall be used by the owner/operator to determine
compliance with the emission limitation in paragraph (m)(4) of this
section. The owner/operator must operate the monitoring system and
collect data at all required intervals at all times that an affected
unit is operating, except for periods of monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
and required monitoring system quality assurance or quality control
activities (including, as applicable, calibration checks and required
zero and span adjustments).
    (ii) Compliance determination for SO2. The 30-day rolling
SO2 emission control efficiency for the converters shall be
calculated for each calendar day in accordance with the following
procedure: Step one, sum the hourly pounds of SO2 vented to
each uncontrolled bypass stack and to each control device used to
control emissions from the converters for the current calendar day and
the preceding twenty-nine (29) calendar days, to calculate the total
pounds of pre-control SO2 emissions over the most recent
thirty (30) calendar day period; Step two, sum the hourly pounds of
SO2 vented to each uncontrolled bypass stack and emitted
from the release point of each control device used to control emissions
from the converters for the current calendar day and the preceding
twenty-nine (29) calendar days, to calculate the total pounds of post-
control SO2 emissions over the most recent thirty (30)
calendar day period; Step three, divide the total amount of post-
control SO2 emissions calculated from Step two by the total
amount of pre-control SO2 emissions calculated from Step
one, subtract the resulting quotient from one, and multiply the
difference by 100 percent to calculate the 30-day rolling
SO2 emission control efficiency as a percentage.
    (iii) Compliance determination for NOX. Compliance with the
emission limit for NOX in paragraph (m)(4)(ii) of this
section shall be demonstrated by monitoring natural gas consumption in
each of the units identified in paragraph (m)(1) of this section for
each calendar day. At the end of each calendar month, the owner/
operator shall calculate monthly and 12-consecutive month
NOX emissions by multiplying the daily natural gas
consumption rates for each unit by an approved emission factor and
adding the sums for all units over the previous 12-consecutive month
period.
    (7) Alternative compliance determination for sulfuric acid plants.
If the owner/operator uses one or more double contact acid plants to
control SO2 from the batch copper converters identified in
paragraph (m)(1) of this section, this paragraph may be used to
demonstrate compliance with the emission limit in paragraph (m)(4)(i)
of this section.
    (i) Continuous emission monitoring system. At all times after the
compliance date specified in paragraph (m)(5) of this section, the
owner/operator of each batch copper converter identified in paragraph
(m)(1) of this section shall maintain, calibrate, and operate a CEMS,
in full compliance with the requirements found at 40 CFR 60.13 and 40
CFR part 60, Appendices B and F, to accurately measure the mass
emission rate in pounds per hour of SO2 emissions venting
from the converters to the atmosphere after passing through a control
device or an uncontrolled bypass stack. The CEMS shall be used by the
owner/operator to determine compliance with the emission limitation in
paragraph (m)(4) of this section. The owner/operator must operate the
monitoring system and collect data at all required intervals at all
times that an affected unit is operating, except for periods of
monitoring system malfunctions, repairs associated with monitoring
system malfunctions, and required monitoring system quality assurance
or quality control activities (including, as applicable, calibration
checks and required zero and span adjustments).
    (ii) Daily sulfuric acid production monitoring. At all times after
the compliance date specified in paragraph (m)(5) of this section, the
owner/operator of each batch copper converter subject to this section
shall monitor and

maintain records of sulfuric acid production for each calendar day.
    (iii) Compliance determination for SO2. The 30-day rolling
SO2 emission rate for the converters shall be calculated for
each calendar day in accordance with the following procedure: Step one,
sum the hourly pounds of SO2 vented to each uncontrolled
bypass stack and emitted from the release point of each double contact
acid plant used to control emissions from the converters for the
current calendar day and the preceding twenty-nine (29) calendar days,
to calculate the total pounds of SO2 emissions over the most
recent thirty (30) calendar day period; Step two, sum the total
sulfuric acid production in tons of pure sulfuric acid for the current
calendar day and the preceding twenty-nine (29) calendar days, to
calculate the total tons of sulfuric acid production over the most
recent thirty (30) calendar day period; Step three, divide the total
amount of SO2 emissions calculated from Step one by the
total tons of sulfuric acid production calculated from Step one to
calculate the 30-day rolling SO2 emission rate in lbs-
SO2 per ton of sulfuric acid. An emission rate of 4.06 or
lower shall be deemed to be in compliance with the emission limit in
paragraph (i)(4) of this section.
    (8) Capture system monitoring. For each operating limit established
under the capture system operation and maintenance plan required by
paragraph (m)(4) of this section, the owner/operator must install,
operate, and maintain an appropriate monitoring device according to the
requirements in 40 CFR 63.1452(a)(1) though (6) to measure and record
the operating limit value or setting at all times the required capture
system is operating. Dampers that are manually set and remain in the
same position at all times the capture system is operating are exempted
from these monitoring requirements.
    (9) Recordkeeping. The owner/operator shall maintain the following
records for at least five years:
    (i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
    (ii) Records of quality assurance and quality control activities
for emissions measuring systems including, but not limited to, any
records required by 40 CFR part 60, appendix F, Procedure 1.
    (iii) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
    (iv) Any other records required by 40 CFR part 60, Subpart F, or 40
CFR part 60, Appendix F, Procedure 1.
    (v) Records of all monitoring required by paragraph (m)(8) of this
section.
    (vi) Records of daily sulfuric acid production in tons per day of
pure sulfuric acid if the owner/operator chooses to use the alternative
compliance determination method in paragraph (m)(7) of this section.
    (vii) Records of daily natural gas consumption in each units
identified in paragraph (m)(1) and all calculations performed to
demonstrate compliance with the limit in paragraph (m)(4)(iv).
    (10) Reporting. All reports required under this section shall be
submitted by the owner/operator to the Director, Enforcement Division
(Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, California 94105-3901. All reports
required under this section shall be submitted within 30 days after the
applicable compliance date in paragraph (m)(5) of this section and at
least semiannually thereafter, within 30 days after the end of a
semiannual period. The owner/operator may submit reports more
frequently than semiannually for the purposes of synchronizing reports
required under this section with other reporting requirements, such as
the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A),
but at no point shall the duration of a semiannual period exceed six
months.
    (i) The owner/operator shall promptly submit excess emissions
reports for the SO2 limit. Excess emissions means emissions
that exceed the emissions limit specified in paragraph (d) of this
section. The reports shall include the magnitude, date(s), and duration
of each period of excess emissions, specific identification of each
period of excess emissions that occurs during startups, shutdowns, and
malfunctions of the unit, the nature and cause of any malfunction (if
known), and the corrective action taken or preventative measures
adopted. For the purpose of this paragraph, promptly shall mean within
30 days after the end of the month in which the excess emissions were
discovered.
    (ii) The owner/operator shall submit CEMS performance reports, to
include dates and duration of each period during which the CEMS was
inoperative (except for zero and span adjustments and calibration
checks), reason(s) why the CEMS was inoperative and steps taken to
prevent recurrence, and any CEMS repairs or adjustments. The owner/
operator shall submit reports semiannually.
    (iii) The owner/operator shall also submit results of any CEMS
performance tests required by 40 CFR part 60, appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
    (iv) When no excess emissions have occurred or the CEMS has not
been inoperative, repaired, or adjusted during the reporting period,
the owner/operator shall state such information in the semiannual
report.
    (v) When performance testing is required to determine compliance
with an emission limit in paragraph (m)(4) of this section, the owner/
operator shall submit test reports as specified in 40 CFR part 63,
subpart A.
    (11) Notifications. (i) The owner/operator shall notify EPA of
commencement of construction of any equipment which is being
constructed to comply with the capture or emission limits in paragraph
(m)(3) or (4) of this section.
    (ii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
    (iii) The owner/operator shall submit notification of initial
startup of any such equipment.
    (12) Equipment operations. At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
Determination of whether acceptable operating and maintenance
procedures are being used will be based on information available to the
Regional Administrator which may include, but is not limited to,
monitoring results, review of operating and maintenance procedures, and
inspection of the unit.
    (13) Enforcement. Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as
to whether the unit would have been in compliance with applicable
requirements if the appropriate performance or compliance test had been
performed, can be used to establish whether or not the owner or
operator has violated or is in violation of any standard or applicable
emission limit in the plan.

    (14) Affirmative defense for malfunctions. The following provisions
of the Arizona Administrative Code are incorporated by reference and
made part of this federal implementation plan:
    (i) R-18-2-101, paragraph 65;
    (ii) R18-2-310, sections (A), (B), (D) and (E) only; and
    (iii) R18-2-310.01.

[FR Doc. 2014-02714 Filed 2-14-14; 8:45 am]
BILLING CODE 6560-50-P


                                                                                INFORMATION COLLECTION REQUEST (ICR)                         ENVIRONMENTAL PROTECTION AGENCY                          OFFICE OF AIR & RADIATION                                      DRAFT

A.	JUSTIFICATION

1.	Identification of the Information Collection

	1(a)	Title:  Reformulated Gasoline Commingling Provisions

		EPA Number:  2228.05

	1(b)	Short characterization:

	With this information collection request (ICR), the Office of Air and Radiation (OAR) is seeking permission to accept notifications from gasoline retailers and wholesale purchaser-consumers related to commingling of ethanol-blended and non-ethanol-blended reformulated gasoline (RFG) under §1513 of the Energy Policy Act of 2005 (EPAct) and 40 CFR § 80.78(a)(8)(ii)(B); and to provide for a compliance option whereby a retailer or wholesale purchaser-consumer may demonstrate compliance via test results under § 80.78(a)(8)(iii)(A). These provisions are designed to grant compliance flexibility.  Parties were first subject to this recordkeeping and reporting on June 1, 2006.  We are requesting that the Office of Management and Budget (OMB) approve the renewal of this ICR and that it remain in effect 3 years from the approval date.

	Section 1513 of the EPAct addresses the combining of ethanol-blended RFG with non-ethanol-blended RFG.  This provision amended the Clean Air Act (CAA) to add a new § 211(s) providing retail outlets two ten-day opportunities during a single VOC-control season to blend batches of ethanol-blended and non-ethanol-blended RFG.  Under this new section, retail outlets are allowed to sell non-ethanol-blended RFG which has been combined with ethanol blended RFG under certain conditions:

 First, each batch of gasoline to be blended must have been "individually certified as in compliance with subsections (h) and (k) [of CAA § 211] prior to being blended."

 Second, the retailer must notify EPA prior to combining the gasolines and identify the exact location of the retail outlet and specific tank in which the gasoline is to be combined.

 Third, the retailer must retain, and, upon request by EPA, make available for inspection, certifications accounting for all gasoline at the retail outlet.  (This information is normally kept in the normal course of business and we believe retaining it is a customary business practice (CBP).)

 Fourth, retailers are prohibited from combining VOC-controlled gasoline with non-VOC-controlled gasoline between June 1 and September 15.

	To provide assurance that gasoline is in compliance with the downstream VOC standard after the ten-day period, EPA issued a direct final rule that amended 40 CFR Part 80 to address commingling (71 FR 8973, February 22, 2006).  There are two options available for retailers and wholesale purchaser-consumers.  Under the first option, the retailer may add both ethanol-blended RFG and non-ethanol-blended RFG to the same tank an unlimited number of times during the ten-day period, but must test the gasoline in the tank at the end of the ten-day period to make sure that the RFG is in compliance with the VOC standard.  Under the second option, the retailer must draw the tank down as much as practicable at the start of the ten-day period, before RFG of another type is added to the tank, and add only RFG of one type to the tank during the ten-day period.  Because there is a recordkeeping requirement associated with retail station test results under the first option, we have also calculated an estimated burden for that activity.  We believe 5% or fewer of respondents will elect the testing option.

	Retailers are also limited in the frequency with which batches of non-ethanol RFG may be combined with ethanol RFG.  Retailers may combine such batches of RFG a maximum of two periods between May 1 and September 15. Each period may be no more than ten consecutive calendar days.

2.  Need For, and Use of, the Collection

	 1(a)	Authority for the Collection        	Sections 114 and 208 of the CAA, 42 U.S.C. §§ 7414 and 7542, authorize EPA to require recordkeeping and reporting regarding enforcement of the provisions of Title II of the CAA.  The relevant regulations are in 40 CFR Part 80, Regulation of Fuels and Fuel Additives. See §§ 80.78(a) (8)(ii)(B) and (iii)(A).   	 	2(b)	Practical Utility/Uses of the Data

	The recordkeeping and reporting requirements of this regulation will allow EPA to monitor compliance with the commingling requirements of CAA § 211(s), as added by § 1513 of the EPAct.

3.  Non-duplication, Consultation, and other Collection Criteria

	3(a) 	Non-duplication

	Efforts have been made to eliminate duplication in this information collection. Where possible, information requirements from various organizations within the Agency have been combined to minimize the submittal of duplicate information in different formats.  The information in this collection will not be available from another source.

	3(b)	Public Notice

	EPA will provide opportunity for notice and comment regarding this ICR.

	3(c) 	Consultations

      We have drawn upon our experience with similar fuels regulations and have utilized information available from the "2016 NACS/ Nielsen Convenience Industry Store Count." That source stated that 80% of operating gasoline stations are combined with convenience stores in the US (124,374 total).  The RFG market encompasses 30% of all fuels sold in the US. We estimated that 30% (37,300) of that total number of combined stores sell RFG in ozone nonattainment areas designated by the EPA. These results will be used to calculate estimates in this collection.

	3(d)	Effects of Less Frequent Data Collection

	We very likely have over-estimated the burden because we have used a conservative approach that assumes all parties may respond twice annually (i.e., we have assumed the maximum number of responses).  With regard to the testing option and retention of those records, we anticipate that 5% or fewer of respondents will be affected annually.  Less frequent collection of data would make it impossible to carry out the provisions of the CAA and EPAct.

	3(e)	General Guidelines

	This rule does not exceed any of the OMB guidelines. Retention of these records are kept for five years.

	3(f) 	Confidentiality

	We inform respondents that they may assert claims of business confidentiality (CBI) for any or all of the information they submit. We do not believe that most respondents would characterize the information they submit to us under this information collection as CBI.  Because of this, we are permitting reporting via e-mail.  However, any information claimed as confidential will be treated in accordance with 40 CFR Part 2 and established Agency procedures.  Information that is received without a claim of confidentiality may be made available to the public without further notice to the submitter under 40 CFR § 2.203.

      3(g)	Sensitive Information 	 	This information collection does not require submission of any sensitive information such as social security numbers, driver's licenses, medical records etc.

4.	The Respondents and the Information Requested

	4(a)	Respondents with NAICS/SIC Codes

	The respondents to this information collection are:

             Retailers (including wholesale purchaser-consumers)

	Recordkeeping and reporting may be required by the following industries, with 2002 NAICS Code indicated in parentheses:

             Gasoline stations (447)              Gasoline stations with convenience stores (447110)              Gasoline stations without convenience stores (447190)

	4(b)	Information Requested 		 		4(i)	Reporting:  Respondents who use the notification option will be sending a very simple report that could take the form of a short e-mail or similar communication.  No form is to be developed, although we may consider developing a simple web based reporting interface for submission of the information, if that option is desired by the respondent community.

		4(ii)	Recordkeeping:  Under the testing option, respondents must retain underlying records related to results of any tests they perform for five years. We anticipate that 5% or fewer respondents will choose the testing option. The burden of retaining records of the testing results is small.

5.  The Information Collected, Agency Activities, Collection Methodology, and Information Management

	5(a)	Agency Activities

          All notifications will be reviewed by EPA.  (Test results will be shown to EPA field compliance and enforcement personnel upon request.)           Notifications will be stored by EPA.

	5(b)	Collection Methodology and Management

	Data will be collected by industry and reported to EPA in the form of a simple e-mail that identifies the service station and its address and identifies the tank where commingling will occur. As mentioned above, we do not anticipate that this information will come in under a CBI claim; however, that is a possibility and we will treat all such information in accordance with 40 CFR Part 2 and established Agency procedures for handling CBI.  Information claimed as CBI will be stored in appropriately controlled areas.

	 5(c)	 Small Entity Flexibility

	This collection will not adversely affect small entities. The whole purpose of the commingling provision of the EPAct is to provide flexibility.  The actual estimated annual burden for a typical respondent who submits up to two notifications per year is $17.00 and 0.50 hours (30 minutes) annually.

	5(d)	Collection Schedule

	We anticipate that notifications will be submitted no more than twice per year.

6.	Estimating the Burden and Cost of Collection

	6(a)	Estimating the Respondent Burden

We drew upon experience implementing similar regulations among the same entities to develop estimates of the burden associated with this collection.  We consulted the "2016 NACS/Nielsen Convenience Industry Store Count" to assist us in estimating the total number of retail stations. The NACS/Nielsen Convenience Industry Store Count provided a nationwide estimate of 154,195 convenience stores. Overall, 80.7% of convenience stores, or 124,374 stores, sell motor fuels, and we assumed 30% of that number for stations in RFG areas (since 30% of the gasoline market nationwide is RFG). The number used for stations in RFG areas will be 37312.2, rounded for ease of use to 37,300 in this collection. Although imperfect, we believe this is a logical, reasonable method of estimating the number of wholesale purchaser-consumers. We believe this number to be on the high side in estimating actual respondents, but it does provide a reasonable benchmark.

	6(b) 	Estimating the Respondent Burden and Cost

	We used the Bureau of Labor Statistics (BLS), May 2015 National Industry-Specific Occupational Employment and Wage Estimates applicable to "NAICS 44710  -  Gasoline Stations," as the basis for our estimates.  We used the mean hourly salary for a first line supervisor/manager of retail sales workers ($17.54), rounded this up to the next whole dollar amount ($18.00), and doubled for company overhead beyond wages and benefits.  This yields an estimated hourly cost of $36.00.  There is no capitol and maintenance cost associated with this collection.

Table 1.  Respondent Burden Hours & Costs (Including Capital & Maintenance - O&M)                                         Collection Activity Number of Respondents Number of Responses per Respondent Total Number of Responses Hours per Response & Cost per Response Total Hours & Total Cost  @ $18/hour Total O&M Prepare and Submit  Notification 37,300 2 74,600 0.25 ----- $4.50 18,650 hours ------ $ 335,700

0 Maintain Test Results  Documents (assumes 5% of  respondents test) 1,865 1  1,865 0.25 ----- $4.50 466.25 hours ------ $ 8392.50 0 Total 39,165 respondents

----------- 76,465 responses

----------- 19116.25 hours ------ $ 344,092.50 0

   	6(c)	Estimating the Agency Burden and Cost

 	No response is required to notifications unless a potential violation is noted.  This activity will present no significant, quantifiable burden to the Agency.  We have drawn upon our experiences with the Reformulated Gasoline Commingling Provisions and estimate no more than 5 notifications of a potential violation, with an annual burden of 24 minutes.  We have assumed a full-time GS-7 clerical worker, one full-time GS-13 technical worker, and a GS-15 manager all working one-eighth of his/her time managing this project (0.125). The Agency burden consists of a GS-13 technical worker ($91.84 including overhead), or $11.48; and a GS-7 clerical worker ($43.54including overhead) or $5.44, and a GS-15 manager ($122.90 including overhead) or $15.36, for a total of $32.28 per hour and an annual Agency burden of $161.40 per hour.   These estimates are derived from "OPM Salary Table 2016 - DCB," effective January 2016.  This table may be found https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2016/general-schedule/.  The extreme of step 10 was assumed for all categories.  All values were multiplied by 1.6 (which is a common factor utilized in ICRs to account for overhead costs). We rounded the resulting dollar value to the nearest tenth.

	 	6(d)	Estimating the Respondent Universe

	We were able to estimate the number of regulated entities drawing upon experience regulating the same entities and through the use of business and industry economic statistics. The NACS/Nielsen Convenience Industry Store Count provided a nationwide estimate of 154,195 retail stations. Overall, 80.7% of convenience stores, or 124,374 stores, sell motor fuels, and we assumed 30% of that number for stations in RFG areas (since 30% of the gasoline market nationwide is RFG). The number used for stations in the RFG area will be 37312.2, rounded for ease of use 37300.

      We used the Bureau of Labor Statistics (BLS), May 2015 National Industry-Specific Occupational Employment and Wage Estimates applicable to "NAICS 44710  -  Gasoline Stations," as the basis for our estimates.  We used the mean hourly salary for a first-line supervisor/manager of retail sales workers ($17.54), rounded this up to the next whole dollar amount ($18.00), and doubled for company overhead beyond wages and benefits.  This yields an estimated hourly cost of $36.00.  There is no capitol and maintenance cost associated with this collection.

	6(e)	Bottom Line Burden Hours and Costs

	From Table 1 we estimate the following:

TOTAL NO. OF RESPONDENTS	39,165 TOTAL NO. OF REPORTS:    	76,465 TOTAL BURDEN HOURS:     	19,116 TOTAL COST:  		         $344,092

	6(f)	Reason for Change in Burden

	The change in burden from the prior ICR is due in part to better numbers extracted from business and industry economic statistics that assisted in calculating the numbers of respondents. These better numbers reduced the party size by 5,750 members. The number of responses also declined from 84,050 to 76,465, a difference of 7,585 reports, which reduced the industry burden hours from 21,013 hours to 19,116 hours, a difference of 1,897 hours. With the decline of respondents, burden hours and responses, the cost associated with this ICR is $344,093 a difference of $13,128 calculated from the prior collection approved by OMB.

	6(g)	Burden Statement

	The average respondent burden in hours per response for this ICR is estimated at 0.25 hours (15 minutes).

	Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review the instructions; develop, acquire, install, and utilize technology and systems for the purpose of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transit or otherwise disclose the information.   	 	An Agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, the U.S. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2006-0745, which is available for public viewing at the Air and Radiation Docket and Information Center Docket in the EPA Docket Center (EPA/DC), William Jefferson Clinton Federal Building West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket and Information Center Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-OAR-2006-0745 and OMB control number 2060-0587 in any correspondence.


[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Page 75091]
[FR Doc No: 2015-30389]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-16-000; Docket No. QF06-17-004 ]

P[aacute]Tu Wind Farm, LLC v. Portland General Electric Company,
P[aacute]Tu Wind Farm, LLC; Notice of Complaint

    Take notice that on November 18, 2015, pursuant to sections 206 and
306 of the Federal Power Act (FPA),\1\ section 210(h)(1) of the Public
Utility Regulatory Policies Act (PURPA),\2\ and Rule 206 of the Federal
Energy Regulatory Commission's (Commission) Rules of Practice and
Procedure,\3\ P[aacute]Tu Wind Farm, LLC (P[aacute]Tu or Complainant)
filed a formal complaint against Portland General Electric Company
(Respondent) alleging that Respondent violated the Commission's orders
\4\ by refusing to permit Complainant to establish a dynamic scheduling
arrangement for delivery of power from the P[aacute]Tu wind farm to
Respondent's Balancing Authority Area, all as more fully explained in
the complaint.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824e & 825e.
    \2\ 16 U.S.C. 824a-3(h)(1).
    \3\ 18 CFR 385.206 (2014).
    \4\ P[aacute]Tu Wind Farm, LLC v. Portland General Electric Co.,
150 FERC ] 61,032, reh'g denied, 151 FERC ] 61,223 (2015), petitions
for review pending sub nom., Portland General Electric Co. v. FERC,
D.C. Cir. Nos. 15-1237 et al.
---------------------------------------------------------------------------

    The Complainant certifies that a copy of the complaint has been
served on the Respondents.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 8, 2015.

    Dated: November 18, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30389 Filed 11-30-15; 8:45 am]
BILLING CODE 6717-01-P