[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50579-50582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20528]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0660; FRL-9932-18-Region 5]
Air Plan Approval; Indiana; Alcoa BART
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Alcoa Best Available Retrofit Technology (BART)
averaging time for nitrogen oxides (NOX) in the Indiana
State Implementation Plan (SIP). On July 23, 2014, the Indiana
Department of Environmental Management (IDEM) submitted to EPA a
revision to the daily NOX emissions limits, changing from a
rolling 24-hour average to a 24-hour daily average. IDEM provided a
statistical analysis showing that no significant increase in emissions
will occur as a result of this change. EPA is approving this SIP
revision because it will not interfere with attainment or maintenance
of the National Ambient Air Quality Standard (NAAQS).
DATES: This direct final rule is effective October 19, 2015, unless EPA
receives adverse comments by September 21, 2015. 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-R05-
OAR-2014-0660, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
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.
[[Page 50580]]
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0660. 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 Carolyn Persoon, Environmental
Engineer, at (312) 353-8290, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8290, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Alternate Averaging Calculation
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Alternate Averaging Calculation
Background for Alcoa BART NOX Emission Limits and Calculations
On June 11, 2012, EPA approved BART NOX emission limits
and compliance requirements for Alcoa into the Indiana SIP to meet
Regional Haze requirements (77 FR 34218).\1\ The rule, 326 IAC 26-2-2,
sets emission limits, which include averaging times, for Alcoa's
Warrick Power Station located in Newburgh, Indiana.
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\1\ EPA finalized a limited approval of revisions to the Indiana
State Implementation Plan (SIP) submitted by the Indiana Department
of Environmental Management (IDEM) on January 14, 2011, and March
10, 2011, addressing regional haze for the first implementation
period that ends 2018. This action was in accordance with the
requirements of the Clean Air Act (CAA) and EPA's rules for states
to prevent and remedy future and existing anthropogenic impairment
of visibility in mandatory Class I areas through a regional haze
program. As part of this action, EPA approved limits for the Alcoa
facility that EPA finds satisfy the requirements for best available
retrofit technology (BART).
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For the original Regional Haze SIP, IDEM submitted an engineering
analysis for the rulemaking that included recommended BART limits for
particulate matter (PM), sulfur dioxide (SO2) and
NOX. For Alcoa's Warrick Plant Boilers 2 and 3, the
averaging time for the NOX limit was a 24-hour rolling
average. IDEM revised the rule 326 IAC 26-2-2 on March 12, 2014, with
an effective date of June 29, 2014 to change the NOX
averaging time for Boilers 2 and 3 to be 24-hour daily averages rather
than 24-hour rolling averages, in order to be consistent with other
pollutant averaging times.
On March 12, 2014, the Indiana Environmental Rules Board approved
these rule changes in accordance with the provisions of Title 13 of the
Indiana Code. On November 20, 2013, IDEM provided a public notice and
comment on the SIP revision in the Indiana Register. There were no
requests for a public hearing, and no public comments were received.
Analysis of Revision
EPA's approval is based on whether the rule revision meets the
requirements of section 110(l) of the Clean Air Act (CAA), 42 U.S.C.
4202(l). In particular, EPA considered whether the changes made to the
compliance averaging times for Boilers 2 and 3 would allow for higher
overall emissions of NOX on an hourly basis while still
meeting the emission limits. IDEM submitted to EPA a supplemental
analysis showing the maximum difference between the two calculation
methods.
IDEM's analysis compared the two averaging times using the Warrick
Plant continuous emissions monitor (CEM) data for NOX from
August 2013, the month with the highest NOX emissions. This
data and analysis can be found in the docket. Using this data, IDEM
calculated both 24-hour rolling and 24-hour daily averages for the
NOX emissions, and then calculated the difference between
each 24-hour period. The maximum calculated difference in emissions
between the two methods was 0.01 pounds per million BTU (lbs/mmBTU),
which EPA determined not to be statistically significant using a paired
t-test analysis. EPA also evaluated air quality monitoring data for
nitrogen dioxide (NO2), as well as fine particulate
(PM2.5) and ozone, since NOX is a precursor for
both. Current design values (2012-2014) for the NO2 1-hour
standard (100 ppb), ozone (75 ppb) and PM2.5 standards (12
[mu]g/m\3\ for the annual and 35 [mu]g/m\3\ for the 24-hour standard)
for the area all show attainment of the standards at 35 ppb, 72 ppb,
and 10.9 and 25 [mu]g/m\3\, respectively. See EPA's Web site on design
values at http://www.epa.gov/airtrends/values.html. EPA has determined
that the area will maintain the standards because ambient levels are
currently below the NAAQS and continue to decline. A potential
emissions increase of 0.01 lbs/mmBTU is not likely to cause a violation
of the NAAQS, therefore noninterference has been demonstrated.
The Indiana SIP revision is therefore approvable because the
revision meets the requirements under 110(l), given that the area is
attaining all applicable NAAQS, and that the revision will not impact
the ability to maintain the NAAQS.
II. What action is EPA taking?
EPA is approving a revision to the Alcoa BART averaging times for
the Warrick Plant Boilers 2 and 3 (326 lAC 26-2-2(2)(C)(i)), from 24-
hour rolling average to 24-hour daily average. EPA's review and
analysis has determined the revision will not interfere with attainment
or maintenance of the NAAQS, as prescribed by section 110(l) of the
CAA.
[[Page 50581]]
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 amendment if relevant
adverse written comments are filed. This rule will be effective October
19, 2015 without further notice unless we receive relevant adverse
written comments by September 21, 2015. 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. The 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 may be 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 October 19, 2015.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
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 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 the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements. For that reason, this 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 theFederal 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 October 19, 2015. 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. 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 3, 2015.
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. In Sec. 52.770 the table in paragraph (c) is amended under
``Article 26. Regional Haze'', ``Rule 2. Best Available Retrofit
Technology Emission Limitations'' by revising the entry for 26-2-2
``Alcoa emission limitations and compliance methods'' to read as
follows:
Sec. 52.770 Identification of plan.
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(c) * * *
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EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective EPA Approval date Notes
date
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Article 26. Regional Haze
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Rule 2. Best Available Retrofit Technology Emission Limitations
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* * * * * * *
26-2-2................ Alcoa emission 6/29/2014 8/20/2015, [Insert
limitations and Federal Register
compliance methods. citation].
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[FR Doc. 2015-20528 Filed 8-19-15; 8:45 am]
BILLING CODE 6560-50-P