[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Rules and Regulations]
[Pages 24337-24340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09724]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0206; FRL-9908-93-Region 5]


Approval and Promulgation of Implementation Plans; Wisconsin; 
Nitrogen Oxide Combustion Turbine Alternative Control Requirements for 
the Milwaukee-Racine Former Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On February 24, 2014, the Wisconsin Department of Natural 
Resources (WDNR) submitted revisions to its nitrogen oxide 
(NOX) combustion turbine rule for the Milwaukee-Racine 
former nonattainment area. This revision is contained in ``2013 
Wisconsin Act 91--Senate Bill 371'' which allows alternative 
NOX emission requirements for simple cycle combustion 
turbines that undergo a modification on or after February 1, 2001, if 
dry low NOX combustion is not technically or economically 
feasible. This revision is approvable because it provides for 
alternative NOX requirements subject to Environmental 
Protection Agency (EPA) approval on a case-by-case basis and therefore 
satisfies the reasonably available control technology (RACT) 
requirements of the Clean Air Act (CAA).

DATES: This direct final rule will be effective June 30, 2014, unless 
EPA receives adverse comments by May 30, 2014. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO5-
OAR-2014-0206, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: aburano.douglas@epa.gov.
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0206. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays. 
We recommend that you telephone Steven Rosenthal, Environmental 
Engineer, at (312) 886-6052 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning & Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
rosenthal.steven@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. What is the background for this action?
II. What are Wisconsin's NOX rule revisions and what is 
EPA's analysis of the revisions?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    The WDNR established a stationary source NOX control 
program in 2000 to meet rate-of-progress (ROP) requirements that are 
applicable to the Milwaukee-Racine former nonattainment area under the 
1990 1-hr ozone national ambient air quality standard (NAAQS). The 
entire NOX control program consists of emission limits for 
new sources, existing sources, and existing sources that undergo a 
major modification. These NOX control requirements are set 
forth in chapter NR 428, Wisconsin Administrative Code (NR 428). EPA 
approved this NOX control program as part of Wisconsin's 
ozone State implementation plan (SIP) on November 13, 2001, 66 FR 
56931. Also, EPA approved RACT requirements, set forth in NR 
428.22(1)(g)1.a and b., on March 24, 2010, 75 FR 14116.
    The Milwaukee-Racine former nonattainment area was designated 
attainment for the 1997 8-hr ozone NAAQS on February 9, 2012, 77 FR 
6739. As part of the designation to attainment, a maintenance plan was 
required that showed daily NOX emissions will not exceed 
levels consistent with attainment. The NR 428 ROP and RACT 
requirements, among other requirements, are part of this maintenance 
plan.
    Under the current SIP approved NR 428 NOX control 
program, existing simple cycle combustion turbines larger than 84 
megawatts (MW) that undergo a major modification after February 2001 
must meet the emission limitations set forth in s. NR 428.04(2)(g)1.a. 
and 2.a. This provision sets NOX emission limits of 12 or 25 
parts per million dry volume (ppmdv) at 15% oxygen (O2), on 
a 30-

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day rolling basis, when firing natural gas or distillate oil, 
respectively.

II. What are Wisconsin's NOX rule revisions and what is 
EPA's analysis of the revisions?

    The WDNR originally set the NOX emission limitations for 
combustion turbines in NR 428.04(2)(g)1.a. and 2.a. based on the 
assumption that dry low NOX (DLN) combustion technology was 
both feasible and available for new and modified combustion turbines. 
As previously stated, the emission limitations in NR 428.04(2)(g)1.a. 
and 2.a. apply to simple cycle combustion turbines that are larger than 
84 MW and undergo a major modification. There are only four existing 
combustion turbines in the Milwaukee-Racine former nonattainment area 
that may meet these criteria. These combustion turbines are the model 
11N turbines that were manufactured by ASEA Brown-Boveri (ABB) and 
operated by We Energies at its Paris generating facility.
    In 2008, the WDNR conducted a best available control technology 
(BACT) assessment for a set of ABB 11N combustion turbines operated by 
We Energies at its Concord facility. This BACT analysis is applicable 
to the NR 428 and alternative emission requirements as it applies to 
the same model combustion turbine. In performing this top-down BACT 
control analysis, selective catalytic reduction (SCR) was the most 
effective control technology considered. However, the WDNR determined 
that SCR was not cost-effective for BACT as the cost would likely 
exceed 8,236 dollars per ton of controlled NOX. The analysis 
also noted that the cost would likely be even higher due to 
intermittent operating profiles and high flue gas temperatures 
associated with simple cycle combustion turbines. After excluding SCR, 
the analysis showed that the next best available technology is DLN 
combustion technology. In this case, the WDNR determined that DLN was 
not commercially available for the ABB 11N simple cycle combustion 
turbines. After SCR and DLN, the Concord BACT analysis indicates that 
the next best technology for the 11N ABB combustion turbines is water 
injection. Therefore water injection was determined by the WDNR to be 
BACT for the Concord simple cycle combustion turbines. Thus, the best 
control technology available that is consistent with the intent of NR 
428 in meeting ROP and RACT requirements is water injection for those 
simple cycle combustion turbines for which DLN is not available.
    The Wisconsin Legislature enacted Wisconsin statute s. 285.27 (3m) 
on December 13, 2013 to establish different emission requirements for 
simple cycle combustion turbines that are modified and that do not have 
the necessary DLN combustion control technology available. Under the 
proposed requirement, the affected combustion turbines must operate 
water injection and meet NOX emission limits of 25 or 65 
ppmdv at 15% O2, on a 30-day rolling basis, when firing 
natural gas or distillate oil, respectively. The emission limitations 
originally applicable under NR 428 for modified combustion turbines and 
the alternative requirements enacted under s. 285.27 (3m), Wis. Stats., 
are compared in Table 1.

 Table 1--NOX Emission Requirements for Simple Cycle Combustion Turbine >84 MW That Undergo a Major Modification
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                                                                                s. 285.27 (3m)  Wis. Stats.
                                         NR 428  Emission limits                 alternative requirements
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Emission Limitations: \1\......
    Natural Gas................  12.....................................  25.
Distillate Oil.................  25.....................................  65.
Technology Requirement.........  None Specified.........................  Operation of Water Injection.
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\1\ Emission limitations in parts per million dry volume @15% O2 on a 30-day rolling basis.

    In order to be subject to the alternative requirements under s. 
285.27 (3m), Wis. Stats., the owner/operator of the combustion turbine 
must satisfactorily demonstrate that equipping the turbine with a DLN 
combustion system is not technologically or economically feasible or 
that a DLN combustion system is not commercially available from the 
manufacturer of the combustion turbine and the owner/operator must 
obtain a written confirmation of this demonstration from EPA.
    Based on the use of water injection NOX control 
technology, s. 285.27 (3m), Wis. Stats. sets forth emission limitations 
of 25 or 65 ppmdv at 15% O2, on a 30-day rolling basis, when 
firing natural gas or distillate oil, respectively. These emissions 
limitations are appropriate for two reasons. First, these emission 
limits are consistent with the Concord combustion turbines BACT 
emission limits. Second, these are the same emission limitations for 
using water injection in meeting RACT requirements under the NR 428 
control program. These RACT requirements are set forth in NR 
428.22(1)(g)1.a. and b., Wis. Adm. Code, and were approved by the WDNR 
and EPA on March 24, 2010, 75 FR 14116.
    The alternative emission requirements established in s. 285.27 
(3m), Wis. Stats., will not increase allowable NOX emission 
rates above current levels for the affected combustion turbines. This 
determination is based on looking at the ROP and RACT emission 
limitations for simple cycle combustion turbines under the NR 428 
NOX control program. As shown in Table 2, the alternative 
emission limits in s. 285.27 (3m), Wis. Stats. are significantly more 
stringent than the ROP emission limitations and are equivalent to the 
applicable NOX RACT emission limitations. The combustion 
turbines in question at the Paris facility have been subject to the 
NOX RACT emission limitations since May 2009. Therefore, as 
shown in Table 2, the alternative emission limitations do not relax 
current allowable emission requirements.

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             Table 2--Comparison of Existing Combustion Turbine and Alternative NOX Emission Limits
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                                                Emission limitations @ 15% O2 on a 30-day rolling basis
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                                                                                           s. 285.27 (3m)  Wis.
                                        Effective 2001  NR 428   Effective 2009  NR 428    Stats.  Alternative
                                            ROP Limits \1\           RACT Limits \2\              Limits
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Natural Gas..........................                       75                       25                       25
Distillate Oil.......................                      110                       65                       65
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\1\ ROP emission limitations for existing simple cycle combustion turbines larger than 85 MW are set forth in NR
  428.05(3)(d)1. and 2., Wis. Adm. Code.
\2\ RACT emission limitations for existing simple cycle combustion turbines larger than 85 MW are set forth in
  NR 428.22(1)(g)1.a. and b., Wis. Adm. Code.

    In conclusion, the WDNR established more stringent NOX 
emission limits for simple cycle combustion turbines in the Milwaukee-
Racine former nonattainment area that undergo a major modification than 
for other existing simple cycle combustion turbines, but subsequently 
determined that these more stringent limits are not feasible for the 
four existing combustion turbines to which these limits will likely 
apply. The Wisconsin legislature adopted s. 285.27 (3m), which became 
effective on December 15, 2013, to allow these units to meet the 
existing RACT limits instead of the more stringent limits, if EPA 
agrees in writing that equipping these turbines with a DLN combustion 
system is not technologically or that economically feasible or a DLN 
combustion system is not commercially available from the manufacturer 
of the combustion turbine.

III. What action is EPA taking?

    For the reasons stated above, EPA is approving Section 1. 
285.27(3m), into Wisconsin's NOX SIP.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the State plan if relevant adverse 
written comments are filed. This rule will be effective June 30, 2014 
without further notice unless we receive relevant adverse written 
comments by May 30, 2014. If we receive such comments, we will withdraw 
this action before the effective date by publishing a subsequent 
document that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on the 
proposed action. EPA will not institute a second comment period. Any 
parties interested in commenting on this action should do so at this 
time. Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision is severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment. If we do 
not receive any comments, this action will be effective June 30, 2014.

IV. Statutory and Executive Order Reviews

    Under CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of CAA 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 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 CAA; 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.
    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 CAA, petitions for judicial review of 
this action must be filed in the United States Court of Appeals for the 
appropriate circuit by June 30, 2014. 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

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such rule or action. Parties with objections to this direct final rule 
are encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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 oxides, Reporting and 
recordkeeping requirements.

    Dated: March 20, 2014.
Susan Hedman,
Regional Administrator, Region 5.

    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.

0
2. Section 52.2570 is amended by adding paragraph (c)(131) to read as 
follows:

Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (131) On February 24, 2014, the Wisconsin Department of Natural 
Resources submitted revisions to its nitrogen oxide (NOX) 
combustion turbine rule for the Milwaukee-Racine former nonattainment 
area. This revision is contained in ``2013 Wisconsin Act 91--Senate 
Bill 371'' which allows alternative NOX emission 
requirements for simple cycle combustion turbines, that undergo a 
modification on or after February 1, 2001, if dry low NOX 
combustion is not technically or economically feasible. This revision 
is approvable because it provides for alternative NOX 
requirements subject to EPA approval on a case-by-case basis and 
therefore satisfies the reasonably available control technology (RACT) 
requirements of the Clean Air Act (Act).
    (i) Incorporation by reference. Wisconsin statute, Section 285.27 
(3m), Exemption from Standards for Certain Combustion Turbines, as 
revised by 2013 Wisconsin Act 91 enacted December 13, 2013. (A copy of 
2013 Wisconsin Act 91 is attached to Section 285.27(3m) to verify the 
enactment date.)

[FR Doc. 2014-09724 Filed 4-29-14; 8:45 am]
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