[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Rules and Regulations]
[Pages 71111-71115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28824]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0935, FRL-9755-8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Florida; Regional Haze State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is finalizing a full approval of the Best Available
Retrofit Technology (BART) determinations addressed in the Agency's May
25, 2012, proposed rulemaking action on a regional haze state
implementation plan (SIP) submitted by the State of Florida, through
the Florida Department of Environmental Protection (FDEP). These BART
determinations were submitted to the EPA in a draft regional haze SIP
on April 13, 2012, for parallel processing, and re-submitted in final
form on September 17, 2012. Specifically, the portion of Florida's
September 17, 2012, regional haze SIP that is being acted upon in this
final action addresses some of the requirements of the Clean Air Act
(CAA or Act) and the EPA's rules that require states to prevent any
future and remedy any existing anthropogenic impairment of visibility
in mandatory Class I areas (national parks and wilderness areas) caused
by emissions of air pollutants from numerous sources located over a
wide geographic area (also referred to as the ``regional haze
program''). States are required to assure reasonable progress toward
the national goal of achieving natural visibility conditions in Class I
areas. The EPA will take separate action at a later date to address the
remainder of Florida's September 17, 2012, regional haze SIP.
DATES: Effective Date: This rule will be effective December 31, 2012.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R04-OAR-2010-0935. All documents in the
docket are listed on the www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section for
further information. The Regional Office's official hours of business
are Monday through Friday, 8:30 to 4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Notarianni may be
reached by phone at (404) 562-9031, or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this final action?
[[Page 71112]]
II. What is the action the EPA is taking?
III. What are the EPA's responses to comments received on this
action?
IV. What is the effect of this final action?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for this final action?
Regional haze is visibility impairment that is produced by a
multitude of sources and activities which are located across a broad
geographic area and emit fine particles (e.g., sulfates, nitrates,
organic carbon, elemental carbon, and soil dust), and their precursors
(e.g., sulfur dioxide (SO2), nitrogen oxides
(NOX), and in some cases, ammonia (NH3) and
volatile organic compounds (VOC)). Fine particle precursors react in
the atmosphere to form fine particulate matter (PM2.5) which
impairs visibility by scattering and absorbing light. Visibility
impairment reduces the clarity, color, and visible distance that one
can see. PM2.5 can also cause serious health effects and
mortality in humans and contributes to environmental effects such as
acid deposition and eutrophication.
In section 169A of the 1977 Amendments to the CAA, Congress created
a program for protecting visibility in the nation's national parks and
wilderness areas. This section of the CAA establishes as a national
goal the ``prevention of any future, and the remedying of any existing,
impairment of visibility in mandatory Class I areas which impairment
results from manmade air pollution.'' On December 2, 1980, the EPA
promulgated regulations to address visibility impairment in Class I
areas that is ``reasonably attributable'' to a single source or small
group of sources, i.e., ``reasonably attributable visibility
impairment.'' See 45 FR 80084. These regulations represented the first
phase in addressing visibility impairment. The EPA deferred action on
regional haze that emanates from a variety of sources until monitoring,
modeling, and scientific knowledge about the relationships between
pollutants and visibility impairment were improved.
Congress added section 169B to the CAA in 1990 to address regional
haze issues. The EPA promulgated a rule to address regional haze on
July 1, 1999 (64 FR 35713), the Regional Haze Rule (RHR). The RHR
revised the existing visibility regulations to integrate into the
regulation provisions addressing regional haze impairment and
established a comprehensive visibility protection program for Class I
areas. The requirements for regional haze, found at 40 CFR 51.308 and
51.309, are included in the EPA's visibility protection regulations at
40 CFR 51.300-309. The requirement to submit a regional haze SIP
applies to all 50 states, the District of Columbia, and the Virgin
Islands. 40 CFR 51.308(b) requires states to submit the first
implementation plan addressing regional haze visibility impairment no
later than December 17, 2007.
On March 19, 2010, and August 31, 2010, FDEP submitted and
subsequently amended a SIP to address regional haze due to emissions
from sources in the State's and other states' Class I areas. On May 25,
2012, the EPA published an action proposing a limited approval of
Florida's regional haze SIP to address the first implementation
period.\1\ See 77 FR 31240. The EPA's May 25, 2012, proposed rulemaking
covered Florida's March 19, 2010, and August 31, 2010, regional haze
SIP submittals as well as the State's April 13, 2012, draft regional
haze SIP that was submitted for parallel processing, and subsequently
re-submitted in final form on September 17, 2012. In a draft regional
haze SIP provided on July 31, 2012, Florida addressed 18 reasonable
progress units and 11 facilities with BART-eligible electric generating
units (EGUs) subject to the Clean Air Interstate Rule (CAIR) (a total
of 20 EGUs) that were not covered by Florida's April 13, 2012, draft
regional haze SIP.\2\ It also amended the SIP to remove Florida's
reliance on CAIR to satisfy BART and reasonable progress requirements
for the State's affected EGUs.
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\1\ In a separate action published on December 30, 2011 (76 FR
88219), the EPA proposed a limited disapproval of the Florida
regional haze SIP, and on June 7, 2012 (77 FR 33642), the EPA
finalized a limited disapproval of the regional haze SIPs for
several states, but deferred final action on the Florida regional
haze SIP. The EPA will address this limited disapproval when it
completes action on the remainder of Florida's September 17, 2012,
regional haze SIP.
\2\ The facilities addressed in the July 31, 2012, proposed
amendment for reasonable progress are: City of Gainesville Deerhaven
unit 5; Florida Power & Light (FP&L) Manatee units 1, 2; FP&L Turkey
Point units 1, 2; Gulf Power Company Crist unit 7; Lakeland Electric
C.D. McIntosh unit 3; JEA Northside/St. Johns River Power Park
(SJRPP) units 3, 16, 17; Progress Energy Anclote units 1, 2;
Progress Energy Crystal River units 1, 2, 3, 4; and Seminole
Electric Cooperative units 1, 2. The facilities addressed in the
July 31, 2012, proposed amendment for BART are: City of
Tallahassee--Arvah B.Hopkins Generating Station (unit 1); Progress
Energy Anclote Power Plant (units 1, 2); Progress Energy Crystal
River Power Plant (units 1, 2); FP&L Manatee Power Plant (units 1,
2); FP&L Martin Power Plant (units 1, 2); FP&L Turkey Point Power
Plant (units 1, 2); Gulf Power Company Crist Electric Generating
Plant (units 6, 7); Gulf Power Company Lansing Smith Plant (units 1,
2); JEA Northside SJRPP (unit 3); Lakeland Electric C.D. McIntosh,
Jr. Power Plant (units 1, 2); and Reliant Energy Indian River (units
2, 3).
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Florida's September 17, 2012, final regional haze SIP consolidated
its draft April 13, 2012, and July 31, 2012, regional haze SIP
submittals into a single package. The EPA has not yet proposed action
on Florida's July 31, 2012, draft regional haze SIP as finalized on
September 17, 2012. Because of the interdependence between the various
elements of Florida's regional haze SIP, the EPA has elected to: (1)
Take final action on the BART determinations addressed in the May 25,
2012, proposed action; and (2) defer final action on the remaining
elements of the SIP addressed in the Agency's May 25, 2012, proposed
action until it has taken action on the BART and reasonable progress
determinations for the facilities included in Florida's draft July 31,
2012, regional haze SIP. As such, today's final action fully approves
all of the BART determinations addressed in the EPA's May 25, 2012,
proposed action. The EPA will propose action on the remaining
facilities addressed in Florida's July 31, 2012, draft regional haze
SIP (as finalized in the September 17, 2012, final regional haze SIP)
and take final action on the entire remaining elements of Florida's
regional haze plan in actions subsequent to today's final rulemaking.
II. What is the action the EPA is taking?
The EPA is finalizing a full approval of the BART determinations
addressed in the Agency's May 25, 2012, proposed rulemaking action on a
draft regional haze SIP submitted by the State of Florida on April 13,
2012, to the EPA for parallel processing. Florida re-submitted this
draft regional haze SIP in final form on September 17, 2012.\3\
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\3\ The EPA proposed approval of FDEP's April 13, 2012, draft
regional haze SIP contingent upon Florida providing the EPA a final
regional haze SIP that was not changed significantly from the April
13, 2012, draft regional haze SIP. Florida provided its final
regional haze SIP on September 17, 2012. There were no substantive
changes made to the final submittal for these facilities.
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Specifically, the BART determinations addressed by this action are:
Tampa Electric Company--Big Bend Station (Units 1, 2, 3); City of
Tallahassee--Purdom Generating Station (Unit 7); FP&L--Port Everglades
Power Plant (Units 3, 4); CEMEX; White Springs Agricultural Chemical--
SR/SC Complex; City of Gainesville--Deerhaven Generating Station (Unit
3); City of Vero Beach--City of Vero Beach Municipal Utilities (Units
2, 3, 4); FP&L--Putnam Power Plant (Units 3, 4, 5, 6, 7, 8, 9, 10);
Lake Worth Utilities--Tom G. Smith (Units 6, 9); City of Tallahassee--
Arvah B. Hopkins
[[Page 71113]]
Generating Station (Unit 4); FP&L--Riviera Power Plant (Unit 4);
Florida Power Corp.--Bartow Plant (Unit 3); Lakeland Electric--Charles
Larsen Memorial Power Plant (Unit 4); Ft. Pierce Utilities Authority--H
D King Power Plant (Units 7, 8); FP&L--Cape Canaveral Power Plant
(Units 1, 2); Atlantic Sugar Association--Atlantic Sugar Mill; Buckeye
Florida--Perry; ExxonMobil Production--St. Regis Treating Facility and
Jay Gas Plant; IFF Chemical Holdings, Inc.; IMC Phosphates Company--
South Pierce; International Paper Company--Pensacola Mill; Mosaic--
Bartow; Mosaic--Green Bay Plant; Osceola Farms; Sugar Cane Growers Co-
Op; U.S. Sugar Corp.--Clewiston Mill and Refinery; Solutia Inc.,
Sterling Fibers, Inc.; U.S. Sugar Corp.--Bryant Mill; IMC Phosphates
Company--Port Sutton Terminal; Georgia Pacific-Palatka; Smurfit-Stone-
Fernandina Beach; Smurfit-Stone-Panama City; Mosaic-New Wales; Mosaic-
Riverview; and CF Industries.
On May 25, 2012, the EPA proposed a limited approval of the March
19, 2010, August 31, 2010, and draft April 13, 2012, regional haze SIP
submittals to implement the regional haze requirements for Florida on
the basis that these submissions, as a whole, strengthen the Florida
SIP. In today's action, the EPA has elected to finalize approval of
only those BART determinations identified above and to defer final
action on the remaining elements of the regional haze SIP addressed in
the Agency's May 25, 2012, proposed action. The EPA will take final
action on those remaining elements once it has taken action on the BART
and reasonable progress determinations for the facilities included in
Florida's July 31, 2012, draft regional haze SIP as incorporated into
its September 17, 2012, final regional haze SIP.
The EPA received adverse comments on its May 25, 2012, proposed
action on Florida's regional haze SIP. See section III of this
rulemaking for a summary of the comments received on the EPA's May 25,
2012, proposed action that relate to the BART determinations being
acted upon today and the Agency's responses to these comments. Detailed
background information and the EPA's rationale for the proposed action
is provided in the EPA's May 25, 2012, proposed rulemaking. See 77 FR
31240.
The EPA's May 25, 2012, proposed action was contingent upon Florida
providing a final regional haze SIP that was substantively the same as
the draft proposed for approval by the EPA in the proposed rulemaking.
See 77 FR 31242. Florida provided its final regional haze SIP on
September 17, 2012. While there are minor differences between the
provisions covered by the April 13, 2012, draft regional haze SIP and
those same provisions addressed in the final September 17, 2012,
regional haze SIP, the EPA has determined that these differences do not
warrant re-proposal of this action.
III. What are the EPA's responses to comments received on this action?
The EPA received two sets of comments on its May 25, 2012, proposed
rulemaking on Florida's regional haze SIP described above.
Specifically, the comments were received from the Sierra Club and
National Parks Conservation Association (collectively) and from the
Florida Electric Power Coordinating Group Environment Committee. Full
sets of the comments provided by all of the aforementioned entities
(hereinafter referred to as ``the Commenter'') are provided in the
docket for today's final action. A summary of the comment that relates
to the approvability of the BART determinations subject to today's
final action and the EPA's response is provided below. The remaining
comments will be addressed in a subsequent final action on the
remaining elements of Florida's regional haze SIP.
Comment 1: The Commenter believes that the EPA must clarify its
proposed decisions on Florida's BART determinations. The Commenter
notes that the proposal ``includes BART proposals for the five sources
listed in Table 8 as `Facilities With Unit(s) With a Complete BART
Analysis,' '' but it does not believe that the EPA clearly states that
it is proposing to approve or disapprove the State's BART disposition
for each of these sources. If the EPA is approving them, the Commenter
states that it must include them as part of the enforceable conditions
of the regional haze SIP.
Response 1: The EPA specifically addressed each of the proposed
BART determinations for the five sources identified by the Commenter in
five subsections under the portion of the notice addressing BART
(section V.C.6), and in a subsection entitled ``EPA Assessment''
(section V.C.6.vi), stated that ``EPA proposes to agree with Florida's
analyses and conclusions for the five BART-subject sources described
above. The EPA has reviewed the State's analyses and believes that they
were conducted in a manner that is consistent with the EPA's BART
Guidelines and the EPA's Air Pollution Control Cost Manual (http://www.epa.gov/ttncatc1/products.html#cccinfo).'' This is a clear
statement of the EPA's intent to approve these BART determinations.
Regarding the emissions limits and conditions for these five BART
determinations that were adopted by Florida and have been incorporated
into the facilities' federally enforceable title V operating permits,
the EPA has incorporated these limits and conditions into the SIP in 40
CFR 52.520 as part of this final action.
IV. What is the effect of this final action?
The EPA is finalizing a full approval of the BART determinations
addressed in the Agency's May 25, 2012, proposed rulemaking action on a
draft regional haze SIP submitted by the State of Florida on April 13,
2012, to the EPA for parallel processing. Florida submitted this draft
regional haze SIP in final form on September 17, 2012. The EPA is
taking this approach because these BART determinations meet the
regional haze requirements of the CAA and RHR and because Florida's SIP
will be stronger and more protective of the environment with the
implementation of these measures. The EPA has elected to defer final
action on the remaining elements of the regional haze SIP addressed in
the Agency's May 25, 2012, proposed action because of the
interdependence between the various elements of Florida's regional haze
SIP. The EPA will take final action on the remaining elements once it
has taken action on the BART and reasonable progress determinations for
the facilities included in Florida's July 31, 2012, draft regional haze
SIP, as incorporated into its September 17, 2012, final regional haze
SIP. As mentioned above, Florida's September 17, 2012, regional haze
SIP addresses 18 reasonable progress units and 11 facilities with BART-
eligible EGUs subject to CAIR (a total of 20 EGUs) that were not
covered by Florida's April 13, 2012, draft regional haze SIP. The EPA
will also take action at a later date to address the Agency's December
30, 2011, proposed limited disapproval of the Florida regional haze
plan.
V. Final Action
The EPA is finalizing a full approval of the BART determinations
addressed in the Agency's May 25, 2012, proposed rulemaking action on a
draft regional haze SIP submitted by the State of Florida on April 13,
2012, to the EPA for parallel processing. Florida re-submitted this
regional haze SIP in final form on September 17, 2012. Specifically,
this action addresses only the aforementioned BART determinations
included in the draft regional haze SIP
[[Page 71114]]
submitted to the EPA for parallel processing on April 13, 2012 (as re-
submitted in final form on September 17, 2012), as meeting some of the
applicable regional haze requirements as set forth in sections 169A and
169B of the CAA and in 40 CFR 51.300-308.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country, and the EPA notes that
it will not impose substantial direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 28, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: November 15, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
0
2. Section 52.520(e) is amended by adding a new entry for ``Portion of
Regional Haze Plan Amendment submitted on September 17, 2012'' at the
end of the table to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
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State effective EPA approval Federal Register
Provision date date notice Explanation
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* * * * * * *
Portion of Regional Haze Plan September 17, 2012. 11-29-12 [Insert citation of Only the BART
Amendment submitted on September publication]. determinations
17, 2012. approved in
[Insert citation
of publication]
are incorporated.
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[FR Doc. 2012-28824 Filed 11-28-12; 8:45 am]
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