[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Proposed Rules]
[Pages 50591-50593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20497]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0337; FRL-9932-57-Region 4]
Approval and Promulgation of Implementation Plans; Florida;
Regional Haze Plan Amendment--Lakeland Electric C.D. McIntosh
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State of Florida's March 10, 2015, State Implementation
Plan (SIP) revision, submitted by the Florida Department of
Environmental Protection (FDEP). This submittal fulfills Florida's
commitment to EPA to provide a regional haze SIP revision with a Best
Available Retrofit Technology (BART) nitrogen oxides (NOX)
emissions limit for Unit 1 at the Lakeland Electric-C.D. McIntosh Power
Plant (McIntosh) reflecting best operating practices for good
combustion. States are required to address the BART provisions of the
Clean Air Act (CAA or Act) and EPA's regional haze regulations as part
of a program 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'') and to assure
reasonable progress toward the national goal of achieving natural
visibility conditions in Class I areas. In this action, EPA proposes to
approve the BART NOX emissions limit for Unit 1 at McIntosh
into the Florida SIP.
DATES: Written comments must be received on or before September 21,
2015.
ADDRESSES: Submit your comments, identified by Docket ID No EPA-R04-
OAR-2015-0337, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2015-0337,'' Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's 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-R04-OAR-
2015-0337. 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 through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information may not be publicly available, i.e., CBI 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
[[Page 50592]]
materials are available either electronically in www.regulations.gov or
in hard copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached by phone at (404) 562-9031 or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 10, 2012, EPA proposed to approve the BART and
reasonable progress determinations for a number of EGUs in Florida as
part of Florida's regional haze SIP. See 77 FR 73369. In that action,
EPA proposed approval of Florida's BART determination for emissions
Units 1 and 2 at McIntosh found subject to BART. On August 29, 2013,
EPA issued a final, full approval of Florida's regional haze SIP. See
78 FR 53250. In that final action, EPA approved the BART determination
for the McIntosh facility, including the determination that the
existing level of control for NOX at Unit 1, best operating
practices for good combustion, is the NOX BART control for
Unit 1. See 78 FR 53263. As described in the August 29, 2013, final
action, FDEP submitted a letter to EPA dated July 30, 2013, in which
the State committed to provide EPA with a regional haze SIP revision no
later than March 19, 2015, the deadline for the State's five-year
regional haze periodic progress report SIP, that would include a
NOX BART emissions limit for Unit 1 reflecting best
operating practices for good combustion.\1\ FDEP also committed to
modify the title V permit for McIntosh to include this new limit.\2\
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\1\ In that final action, EPA concluded that it ``is reasonable
for the State to implement a NOX BART emissions limit for
Unit 1 upon EPA's approval of the'' five-year regional haze periodic
progress report ``because of the limited visibility impact of
NOX emissions from Unit 1 and because the BART limit will
reflect the existing level of control.'' 78 FR 53263.
\2\ FDEP's July 30, 2013, commitment letter is located in the
docket for today's proposed action.
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To fulfill its commitment in accordance with the July 30, 2013
letter, the State of Florida submitted a SIP revision dated March 10,
2015, seeking to revise its regional haze SIP to include a
NOX BART emissions limit for Unit 1 and the April 30, 2014,
construction permit establishing this NOX BART emissions
limit for Unit 1. The permit contains supporting conditions (e.g.,
monitoring requirements) and a condition specifying a schedule for
McIntosh to apply for a revision to its title V permit to reflect the
new permit conditions. In this action, EPA proposes to approve
Florida's March 10, 2015, SIP submittal for the reasons discussed in
Section II, below.
II. What is EPA's Analysis of Florida's Plan?
Florida's March 10, 2015, SIP revision seeks to revise the State's
regional haze SIP to include a NOX BART emissions limit for
McIntosh Unit 1 and a construction permit (DEP Permit No. 1050004-034-
AC) dated April 30, 2014, for Unit 1 containing this limit. The SIP
revision and construction permit establish a NOX BART
emissions limit of 0.46 pounds per million British Thermal Unit (lb/
MMBtu) of heat input on a 30-operating day rolling average for Unit 1
in accordance with Florida's July 30, 2013, commitment letter and the
NOX BART control determination. Florida set this limit by
considering NOX emissions data for Unit 1 from 2001-2003,
the baseline period used by the State as the basis for its BART
determination for McIntosh.\3\ The permit states that the limit is
effective no later than EPA's approval of Florida's March 10, 2015,
regional haze SIP revision. Compliance with the BART NOX
emissions limit will be demonstrated with a NOX CEMS that
must comply with the certification and quality assurance, and other
applicable requirements of Rule 62-297.520, F.A.C.; 40 CFR 60.13,
including certification of each device in accordance with 40 CFR part
60, Appendix B, Performance Specifications and 40 CFR 60.7(a)(5); or 40
CFR part 75. Quality assurance procedures must conform to all
applicable sections of 40 CFR part 60, Appendix F or 40 CFR part 75.
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\3\ See July 22, 2015, email from Preston McLane, FDEP, to
Lynorae Benjamin, EPA Region 4, located in the docket for today's
proposed action.
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The construction permit also sets the deadlines for McIntosh to
submit an application to revise its title V permit to include the
NOX BART limit and supporting conditions for Unit 1. Section
2.8 of the permit states that the ``permittee shall apply for the Title
V permit revision within 180 days of U.S. EPA's approval of the
amendment to Florida's Regional Haze State Implementation Plan (SIP).''
EPA proposes to find that the March 10, 2015, SIP revision
containing the NOX BART emissions limit and new permit
conditions for Unit 1 fulfills Florida's commitment to establish a
NOX BART emissions limit for Unit 1 that reflects best
operating practices for good combustion and to amend the facility's
title V permit to include the permit limit and supporting conditions.
EPA has evaluated the CEMS data reported to EPA's Clean Air Markets
Division (CAMD) for Unit 1 from 2001-2003 and believes that the
NOX BART emissions limit is consistent with the
NOX BART control determination.\4\ Therefore, EPA proposes
to incorporate the NOX BART limit for Unit 1 and Air Permit
No. 1050004-034-AC into Florida's regional haze SIP.
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\4\ The docket for today's proposed action contains the 2001-
2003 CEMS data for Unit 1 from CAMD.
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III. Proposed Action
EPA is proposing to approve Florida's March 10, 2015, regional haze
SIP revision and revise the regional haze SIP to include the
NOX BART emissions limit for Unit 1 described above and the
April 30, 2014, construction permit containing this limit. EPA is
proposing to approve Florida's SIP submission because the submission
meets the applicable regional haze requirements as set forth in the CAA
and in EPA's regional haze regulations and the applicable requirements
of section 110 of the CAA. As discussed above, EPA fully approved
Florida's regional haze SIP on August 29, 2013. Today's action does not
reopen EPA's final BART control determination for McIntosh Unit 1 or
any other aspect of EPA's August 29, 2013 final action.
IV. 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. See 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 CAA. Accordingly, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements
[[Page 50593]]
beyond those imposed by state law. For that reason, this proposed
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 5, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-20497 Filed 8-19-15; 8:45 am]
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