[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Proposed Rules]
[Pages 80719-80722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32509]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0074; FRL-9940-58-Region 5]
Air Plan Approval; Indiana; Temporary Alternate Opacity Limits
for American Electric Power, Rockport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Indiana State Implementation Plan (SIP),
authorizing temporary alternate opacity limits (TAOLs) at the American
Electric Power, Rockport (AEP Rockport) facility during periods of unit
startup and shutdown. This action is consistent with the Clean Air Act
(CAA) and EPA policy regarding emissions during periods of startup and
shutdown. Indiana has provided an air quality analysis demonstrating
that this revision will continue to protect the applicable National
Ambient Air Quality Standards (NAAQS) for fine particulate matter
(PM2.5) in Spencer County.
[[Page 80720]]
DATES: Comments must be received on or before January 27, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0074, 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) 692-2490.
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.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2015-0074. 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. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
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 Matt Rau, Environmental Engineer, at
(312) 886-6524 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [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. What should I consider as I prepare my comments for EPA?
II. What is the background for this action?
III. What is EPA's analysis?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What is the background for this action?
On July 16, 2002 (67 FR 46589), EPA approved a revision to
Indiana's SIP to include 326 Indiana Administrative Code (IAC) 5-1-3,
which provides a mechanism to establish TAOLs. The rule is consistent
with the criteria contained in EPA's September 20, 1999, ``State
Implementation Plans: Policy Regarding Excess Emissions During
Malfunctions, Startup, and Shutdown'' memorandum. The criteria requires
that: The frequency and duration of operation in startup or shutdown
mode must be minimized to the extent possible; and the state must
analyze the potential worst-case emissions that could occur during
startup and shutdown to ensure that the NAAQS are protected. Indiana
initially submitted TAOLs for 22 power plants with coal-fired boilers
that use electrostatic precipitators (ESPs).\1\
---------------------------------------------------------------------------
\1\ These facilities are identified in the attachment to the
October 10, 2001, letter from Janet McCabe, IDEM Assistant
Commissioner to Stephen Rothblatt, US EPA Region 5 Air Programs
Branch Chief. They are: Alcoa Generating, AEP Tanners Creek,
Crawfordsville Electric, Hoosier Energy Merom, Hoosier Energy Ratts,
IKEC Clifty Creek, IPL Perry ``K'', IPL Stout, IPL Pritchard, IPL
Petersburg units 1-3, NIPCCO Bailly, NIPSCO Michigan City, NIPSCO
Schahfer, PSI Cayuga, PSI Edwardsport, PSI Gallagher, PSI Gibson,
PSI Noblesville, PSI Wabash River, Richmond Power & Light, SIGECO
Brown unit 1, and SIGECO Culley.
---------------------------------------------------------------------------
326 IAC 5-1-3(d) provides for a TAOL, upon EPA approval, if the
following criteria are met: (1) The source burns any combination of
coal, wood, fuel oil, tire-derived fuel, or petroleum coke, (2) the
source demonstrates that the TAOL is needed during periods of startup
and shutdown and a demonstration is made that the TAOL will not
interfere with the NAAQS, (3) Indiana determines that acceptable
operating and maintenance procedures are being used, be based on
information provided to the commissioner, (4) the commissioner may
require the source to install a continuous opacity monitor (COM), (5)
the TAOL shall be reviewed by the commissioner after two years of
monitoring, (6) the commissioner may deny a request for a TAOL limit if
economically and technically feasible
[[Page 80721]]
means are available to meet a more stringent opacity limit, and (7) the
TAOL must be submitted to and approved by EPA.
On January 13, 2015, Indiana requested a SIP revision to add 326
IAC 5-1-8, which provides a mechanism to establish site-specific TAOLs.
This provision was used to establish AEP Rockport Units #1 and #2 a
TAOL during unit startup and shutdown. These two coal-fired boilers are
each controlled by an ESP.
The TAOL for unit startup is only allowed until the exhaust
temperature reaches 250[emsp14][deg]F at the ESP inlet, up to a maximum
of two hours (20 six-minute averaging periods). The TAOL for unit
shutdown is only allowed when the exhaust temperature declines below
250[emsp14][deg]F at the ESP inlet, up to a maximum of one and one-half
(1.5) hours (15 six-minute averaging periods).
III. What is EPA's analysis?
To support the SIP revision request, Indiana evaluated COMs data
for Units #1 and #2, and air dispersion modeling. Air dispersion
modeling was conducted using the AERMOD regulatory dispersion model
with five years of meteorological data. The analysis included
conservative suppositions for stack temperature and flow rate. Indiana
used worst-case emission rates to predict the highest hourly emissions
during a cold startup. The modeling results yielded an eighth high 24-
hour PM2.5 value of 22.2 micrograms per cubic meter
([micro]g/m\3\), well below the 24-hour PM2.5
standard of 35 [micro]g/m\3\. The air quality in the area will remain
protected when Units #1 and #2 are operating with TOALs at the AEP
Rockport facility.
EPA has reviewed the COMs data provided in Indiana's submission on
AEP Rockport's startups and shutdowns from 2001 until the first quarter
of 2004. The AEP Rockport TAOLs appear to be set at appropriate levels,
minimizing the TAOL duration. The startup TAOL for AEP Rockport is
limited to two hours. The shutdown TAOL is limited to one hour, 30
minutes. Both are less than the three-hour TAOL periods allowed under
326 IAC 5-1-3(e)(2). Indiana has provided the facility's operation and
maintenance procedures for its ESPs, which support the expectation that
AEP Rockport will operate in a manner that will minimize emissions with
well operating emission control. In addition, because the ESP exhaust
must be warm enough for it to be safely operated, it is impractical to
require operating the ESPs during startup and shutdown periods.
Further, EPA reviewed the AEP Rockport COMs data from 2009 to 2013,
which shows that it was in compliance with the opacity standards 99.81
percent of the time. This indicates that the facility is generally in
compliance with the opacity rule, even during the startup and shutdown
periods covered by the TAOLs.
EPA has determined the AEP Rockport TAOL meets the criteria
contained in 326 IAC 5-1-3(d) as follows: (1) The AEP Rockport facility
burns coal, (2) AEP Rockport has demonstrated that the TAOL is needed
during periods of startup and shutdown, and that the TAOL will not
interfere with the maintenance of the national ambient air quality
standards, (3) Indiana has determined that acceptable operating and
maintenance procedures are being used, based on information AEP
Rockport provided, (4) AEP Rockport currently operates a COM for each
boiler, (5) Indiana has determined that no economically and technically
feasible controls are available to meet a more stringent limit, and (6)
the TAOLs were submitted to EPA.\2\
---------------------------------------------------------------------------
\2\ The requirement in 326 IAC 5-1-3(d)(5) related to Indiana
review of monitoring data does not apply in this case because AEP
has previously installed COMs and provided the necessary data.
---------------------------------------------------------------------------
IV. What action is EPA taking?
EPA is proposing to approve the addition of 326 IAC 5-1-8 to the
Indiana SIP. The rule provides AEP Rockport Units #1 and Unit #2 with
TAOLs during unit startup and shutdown periods. This action is
consistent with the Clean Air Act (CAA) and EPA policy regarding
emissions during periods of startup and shutdown. Indiana has provided
an air quality analysis demonstrating that this revision will continue
to protect the applicable National Ambient Air Quality Standards
(NAAQS) for PM2.5 in Spencer County.
V. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Indiana Regulation 326 IAC 5-1-8 entitled ``Site-specific
temporary alternative opacity limitations'', effective December 6,
2014. 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).
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 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 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 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
[[Page 80722]]
governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
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: December 14, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-32509 Filed 12-24-15; 8:45 am]
BILLING CODE 6560-50-P