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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations
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even if the conditions are revised as part of a permit amendment until such time as the EPA approves any revised conditions into the SIP. The permittee shall remain subject to both the initial SIP-approved conditions and the revised conditions, until EPA approves the revised conditions emphasis added. Because of this, should the Title V permit expire, be modified, or transferred, any person who owns or operates this facility, including the current permittee, will still be subject to these conditions as a result of their being incorporated into the federally enforceable SIP. We note in addition that permits are transferable due to changes in ownership of a source, given proper notification to the director including required disclosures.99 In terms of expiration, the Arkansas program is based on a one permit system meaning that a source contains a single document that contains both the Title I New Source Review NSR and Title V permit conditions/requirements.
The conditions of the NSR permit do not ever expire. Title V permits do have a permit expiration date, but the expiration of the Title V permit does not impact the status of NSR permit requirements.100 These requirements live on unless modified/removed via an NSR permit action. Because NSR permit changes are automatically updated in the Title V permit there isnt any impact on operational status if the NSR permit was modified.
Therefore, the provisions in conditions 32 and 33 and in other provisions addressing ownership will continue to be enforceable requirements, regardless of who owns or operates this facility, and DEQ and EPA
will continue to be able to enforce these measures. We, therefore, disagree that these conditions need to place requirements on the owners and operators rather than the permittee to be permanently enforceable.
Comment B.6: The SIP lacks enforceable provisions regarding permanent retirement. The SIP provides an option for permanent retirement of Power Boiler No. 1, but permit condition 34 lacks enforceable language.
This permit condition and EPAs proposal lack the details necessary for enforcement. For example, it fails to 99 See the criteria for change of ownership addressed in APCEC Reg.19.407B.
100 To avoid expiration, sources apply for a renewal of the Title V permit at least six months prior to expiration in order to operate under a permit shield in cases where a renewed permit is not issued prior to expiration. If a case exists where a source does not meet this six-month timeline, the Title V permit would expire according to the expiration date and the source could no longer operate.

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explain what a disconnection notice is and what information is contained in the notice. Therefore, the public is unable to assess whether a disconnection notice is a permanent action that satisfies the BART
requirements. EPA is prohibited from approving this additional BART
alternative since the condition contains vague and unenforceable language.
Response: We disagree with the commenter that the SIP lacks enforceable provisions in condition 34
regarding permanent retirement. The term disconnection notice is selfdefining in that it simply describes DEQ
receiving communication in the form of a notice after Power Boiler No. 1 has already been taken out of service and is permanently retired. Permanently retired self-evidently means that once the power boiler is taken out of service it will never operate again. Indeed, this has already occurred. As indicated in a November 18, 2020, letter 101 to DEQ
from Domtar, the No. 1 Power Boiler was placed in standby mode and stopped operating in April 2016. That letter also documented that the unit was disconnected and permanently retired on August 6, 2018, with the removal of a section of boiler feedwater piping that prevents the boiler from producing steam. In addition, finalization of the permit amendment 0287AOPR23
removed authority for Domtar to operate No. 1 Power Boiler. As stated in an April 15, 2020, permit revision,102 By request of the facility, this source has been retired and removed from the permit as a source in permit revision 23. The specific conditions have been marked, by request of the facility, as reserved in order to not change the numbering of the subsequent conditions. SN03 is subject to the Regional Haze Program, specifically the BART Alternative. These conditions can be found starting with Plantwide Condition 32. Because Domtar has requested that Power Boiler No. 1 be retired and removed as a source from the permit, the source specific permit provisions have been removed from the permit for Power Boiler No. 1 and they are not authorized to operate the unit.
Power Boiler No. 1 is in compliance with the BART alternative limits by virtue of being permanently retired and therefore not emitting any of the relevant visibility pollutants. The numerical emission limits will apply, even though the unit has been taken out 101 See November 18, 2020 Disconnection Notice from Domtar for Power Boiler No. 1 SN03 in the docket of this action.
102 See DEQ Air Permit No. 0287AOPR23
included in the docket of this action.

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of service. DEQ has State authority established in its SIP, including APCEC
Rule Chapter 7, for any other reporting requirements including documenting source retirement of this unit.103 For this reason, this condition does not lack enforceable provisions for retirement.
Comment B.7: The SIP neither specifies a compliance date nor requires compliance at all times. BART must reflect the best system of continuous emission reduction and the BART limits must apply at all times. EPA must clarify that the permit conditions proposed for approval in the SIP apply at all times. Furthermore, permit conditions 38 and 41 cross reference test methods found in other regulations that are inconsistent with the BART
requirements since they do not require compliance at all times and exempt emissions during certain activities.
These regulations and associated test methods are inconsistent with BART in that they do not require compliance at all times and exempt emissions during certain activities.
Response: We disagree with the commenter that the permit conditions do not apply at all times. There is no language in the proposed limits to suggest that they do not apply at all times. Conditions 32 and 37, which describe the emission rates for the power boilers, both say, The permittee shall not exceed the emission rates set forth in the following table. The limits are based on a 30-day boiler operating day rolling average. 30 boiler operating day rolling average is defined as the arithmetic average of 30 consecutive daily values in which there is any hour of operation, and where each daily value is generated by summing the pounds of pollutant for that day and dividing the total by the sum of the hours the boiler was operating that day.
A day is from 6 a.m. one calendar day to 6 a.m. the following calendar day.
Reg.19.304, 40 CFR 51.308e2, and 40
CFR 52.173. The language for permit conditions 38 and 41 describes ongoing compliance action into the future and does not indicate that the emission limits would cease or not apply continuously. Therefore, the BART
alternative limits that we proposed to approve do indeed apply at all times.
The commenter argues that certain permit conditions cross-reference test methods in other regulations i.e., the NESHAP, MACT and NSPS, which they allege are inconsistent with BART
requirements since they do not require compliance at all times and exempt emissions during certain activities. The 103 See 52.170c table for EPA-approved regulations in the Arkansas SIP.

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