[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Rules and Regulations]
[Pages 72742-72744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29397]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2012-0078; FRL-9722-9]
Approval and Promulgation of State Implementation Plans: State of
Washington; Regional Haze State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve the Best Available
Retrofit Technology (BART) determination for NOX for the
TransAlta Centralia Generation LLC coal-fired power plant in Centralia,
Washington (TransAlta). The Washington State Department of Ecology
(Ecology) submitted its Regional Haze State Implementation Plan (SIP)
on December 22, 2010 to meet the requirements of the Clean Air Act
Regional Haze Rule at 40 CFR 50.308. On December 29, 2011 Ecology
submitted an update to the SIP submittal containing a revised and
updated BART determination for TransAlta. On May 23, 2012, EPA proposed
to approve the portion of the revised SIP submission containing the
BART determination for TransAlta.77 FR 30467. EPA plans to act on the
remaining Regional Haze SIP elements for Washington in the near future.
DATES: This action is effective on January 7, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R10-OAR-
[[Page 72743]]
2012-0078. Generally documents in the docket are available at http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington
98101. Please note that while many of the documents in the docket are
available electronically at http://www.regulations.gov, some
information may not be publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, large
maps or voluminous materials, is not placed on the Internet and will be
publicly available only at the hard copy location. To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed directly below.
FOR FURTHER INFORMATION CONTACT: Steve Body, (206) 553-0782, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. Information is organized
as follows:
I. What is the background for this final action?
Ecology submitted its Regional Haze SIP on December 22, 2010 to
meet the requirements of 40 CFR 50.308. On December 29, 2011 Ecology
submitted an update to the SIP submittal containing a revised and
updated BART determination for TransAlta. On May 23, 2012, EPA proposed
to approve the portion of the SIP submission containing the BART
determination for NOX at TransAlta.
The TransAlta power plant, located in Centralia, Washington, is a
two unit coal-fired power plant rated at 702.5 MW each, when burning
coal from the Centralia coalfield as originally designed. The units now
burn coal from the Wyoming Powder River Basin and are rated at 670 MW
each. As explained in the proposal, these Units are subject to BART.
The Regional Haze SIP revision imposes as BART a NOX
emission limitation of 0.21 lb/MMBtu for each unit based on the
installation of selective noncatalytic reduction on both coal-fired
units plus Flex Fuel. It also requires a one year performance
optimization study and lowering the emission limits based on the study
results. Additionally, the BART determination requires one unit to
cease burning coal by December 31, 2020 and the second unit by December
31, 2025 unless Ecology determines that state or federal law requires
selective catalytic reduction to be installed on either unit.
A detailed explanation of the Regional Haze Rule, the BART
requirements, Ecology's BART determination for TransAlta and EPA's
reasons for approving this SIP revision were provided in the notice of
proposed rulemaking on May 23, 2012 and will not be restated here.
II. What is our response to comments received on the notice of proposed
rulemaking?
The public comment period for EPA's proposal to approve the
TransAlta BART determination closed on June 22, 2012. EPA received only
one comment on its proposal. The comment, from TransAlta, encouraged
EPA to approve the BART determination for NOX as proposed.
III. What action is EPA taking?
EPA is approving the NOX emissions BART determination
for TransAlta.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Clean Air Act; and
Does not provide 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 located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law. Consistent with EPA
policy, EPA nonetheless provided a consultation opportunity to Tribes
in Idaho, Oregon and Washington in letters dated January 14, 2011. EPA
received one request for consultation, and we have followed-up with
that Tribe.
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. 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 4, 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
[[Page 72744]]
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental protection,, Incorporation by
reference, Intergovernmental relations, Nitrogen Oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Visibility. Volatile organic compounds.
Dated: August 20, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. Section 52.2470 is amended by adding paragraph (c)(89) to read as
follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(89) On December 29, 2011, the Washington State Department of
Ecology submitted a Best Available Retrofit Technology (BART)
determination and revised BART Order 6426 for the TransAlta Centralia
Generating LLC facility in Centralia, Washington.
(i) Incorporation by reference.
(A) State of Washington, Department of Ecology, Order 6426, first
revision, ``BART Emission Limitations,'' issued to TransAlta Centralia
Generation, LLC, dated December 13, 2011, except the undesignated
introductory text, the section titled ``Findings,'' and the
undesignated text following condition 13.
0
3. Section 52.2475 is amended by adding paragraph (g)(2) to read as
follows:
Sec. 52.2475 Approval of plans.
* * * * *
(g) * * *
(2) EPA approves the Best Available Retrofit Technology (BART)
determination for the TransAlta Centralia Generating LLC facility in
Centralia Washington submitted by the Washington State Department of
Ecology on December 29, 2011.
[FR Doc. 2012-29397 Filed 12-5-12; 8:45 am]
BILLING CODE 6560-50-P