[Federal Register Volume 61, Number 186 (Tuesday, September 24, 1996)]
[Rules and Regulations]
[Pages 49974-49976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24283]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FRL-5614-3]


Standards of Performance for New Stationary Sources Rescission of 
Alternate Opacity Standard for Omaha Public Power District--Nebraska 
City Power Station, Nebraska City, NE

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is rescinding the alternate opacity emission limit 
established for the Nebraska City Power Station in Nebraska City, 
Nebraska, owned and operated by Omaha Public Power District (OPPD). 
Performance testing showed the power plant can now meet both the 
particulate and opacity limits set forth in the regulation; thus, an 
alternate opacity limit is no longer necessary. Under this rule, the 
opacity limit for the Nebraska City Power Station would be changed from 
30 percent (with a maximum of 37 percent for not more than six minutes 
in any hour) to 20 percent (with a maximum of 27 percent for one six-
minute period per hour).
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in the Federal 
Register publication, the EPA is proposing to approve the rule should 
adverse or critical comments be filed.
    If the EPA receives such comments, this action will be withdrawn 
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 this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time.
    Commenters should also indicate whether they wish to request a 
public hearing on this action, including the reasons for the request 
and the nature of the comments which would be presented at any public 
hearing. If a hearing is requested, the EPA will determine whether to 
hold a public hearing, and will announce the time and location of any 
hearing in a subsequent Federal Register notice.

DATES: This action will be effective November 25, 1996 unless by 
October 24, 1996 adverse or critical comments are received. Comments 
should be submitted to Angela Ludwig at the address below.

ADDRESSES: Written comments and requests for public hearing on this 
action should be addressed to Angela Ludwig, Air Permits and Compliance 
Branch, Environmental Protection Agency, Region VII, 726 Minnesota 
Avenue, Kansas City, Kansas 66101. Comments should be strictly limited 
to the subject matter of this proposal, the scope of which is discussed 
below.
    Docket: Pursuant to sections 307(d)(1) (C) and (N) of the Clean Air 
Act (CAA), 42 U.S.C. 7607(d)(1) (C) and (N), this action is subject to 
the procedural requirements of section 307(d). Therefore, the EPA has 
established a public docket for this action, Docket # A-96-31. Copies 
of the documents relevant to this action are available for public 
inspection during normal business hours at the: Environmental

[[Page 49975]]

Protection Agency, Air, Permits and Compliance Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101; and EPA Air & Radiation Docket and 
Information Center, 401 M Street, SW., Washington, DC 10460.

FOR FURTHER INFORMATION CONTACT: Angela Ludwig, Air Permits and 
Compliance Branch, Environmental Protection Agency, Region VII, 726 
Minnesota Avenue, Kansas City, Kansas 66101, (913) 551-7411.

SUPPLEMENTARY INFORMATION: On December 23, 1971 (36 FR 24875), the EPA 
promulgated Standards of Performance for Fossil-Fuel-Fired Steam 
Generators for Which Construction Is Commenced after August 17, 1971, 
as Subpart D of 40 CFR Part 60, pursuant to section 111 of the CAA, 42 
U.S.C. 57411. Under these provisions, the affected facility was 
required to conduct performance tests during its initial startup period 
to demonstrate compliance with opacity and other applicable standards 
(40 CFR 60.8). Pursuant to 40 CFR 60.11(e)(6), a source may petition 
the EPA for an alternate opacity limit if all other emission limits in 
an applicable New Source Performance Standard (NSPS) are met, and the 
source cannot meet the applicable opacity limit. Pursuant to 40 CFR 
60.11(e)(7), the EPA will grant such a petition if the source or 
operator demonstrates that the affected facility and associated air 
pollution control equipment were operated and maintained in a manner to 
minimize the opacity of emissions during the performance tests; that 
the performance tests were performed under the conditions established 
by the EPA; and that the affected facility and associated air pollution 
control equipment were incapable of being adjusted or operated to meet 
the applicable opacity standard. OPPD conducted performance tests and 
opacity/mass correlation tests in 1981. These tests were the basis for 
the EPA rule, published in the Federal Register on November 24, 1981 
(46 FR 57497), codified at 40 CFR 60.42(b)(3) and 60.45(g)(1)(iii), 
which changed the 20 percent (with a maximum of 27 percent for one six-
minute period per hour) opacity limit to 30 percent (with a maximum of 
37 percent for not more than six minutes in any hour) for the Nebraska 
City Power Station pursuant to the procedures and standards set forth 
at 40 CFR 60.11(e).
    The Nebraska Department of Environmental Quality requested that 
OPPD perform tests at the Nebraska City Power Plant in June 1989, 
pursuant to its delegated authority to enforce the NSPS. After 
replacing its hot side electrostatic precipitator with a cold side 
electrostatic precipitator, OPPD conducted tests on June 13 and 14, 
1989, to measure emissions. These tests demonstrated that the new 
control device was able to control the opacity of emissions below the 
20 percent limit and particulate emissions below the particulate limit. 
On August 15, 1989, the state agency issued a revised operating permit 
to the OPPD facility, establishing an opacity limit of 20 percent (with 
a maximum of 27 percent for not more than six minutes in any hour). 
Nebraska has also requested that the EPA rescind the alternate limit to 
be consistent with the 20 percent NSPS and state operating permit 
limit.
    Since the Nebraska City Power Station can now meet the 20 percent 
opacity limit (additional monitoring data collected since the 1989 
performance test show that the facility continues to be capable of 
meeting the lower limit), the 30 percent alternate opacity limit is no 
longer appropriate. In addition, the preconditions for allowing the 
alternate opacity limits in Sec. 60.11(e)(7) are no longer met. 
Therefore, the EPA is rescinding the alternate limit, and, after the 
effective date of this rule, the source will be required to meet the 20 
percent NSPS opacity limit. The source continues to be subject to the 
20 percent opacity limit in the state permit without regard to this 
rulemaking.
    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 November 25, 1996. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 enforce its 
requirements. (See section 307(b)(2).)
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities (U.S.C. 603 and 604). 
Alternatively, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    This action affects only one source--Omaha Public Power District, 
Nebraska City Power Station, Nebraska City Nebraska. OPPD is not a 
small entity. Therefore, the EPA certifies that this action does not 
have a significant impact on a substantial number of small entities.
    Under Executive Order 12866, the EPA is required to submit to the 
Office of Management and Budget for review proposed rules which are 
classified as ``significant regulatory action.'' Because this rule 
would require the source to meet requirements which are already 
applicable, by rule, to sources in this source category, and because it 
obligates the source to meet requirements which it must already meet 
under state law, the EPA has determined that the proposed rule would 
not be a ``significant regulatory action'' under the Executive Order.

Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, the EPA must undertake various actions in association with 
proposed or final rules that include a Federal mandate that may result 
in estimated costs of $100 million or more to the private sector, or to 
state, local, or tribal governments in the aggregate.
    To the extent that the proposed rule will impose new requirements, 
the source is already subject to the requirements under State law. 
Accordingly, no additional cost to State or local governments, or to 
the private sector, result from this action. The EPA has also 
determined that this proposed action does not include a mandate that 
may result in estimated cost of $100 million or more to state or local 
governments in the aggregate or to the private sector. The EPA has 
determined that this proposed rule results in no additional cost to 
tribal governments.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Fossil-fuel-fired 
steam generating units, Intergovernmental relations.

    Authority: Sections 111 and 301(a) of the CAA, 42 U.S.C. 7411 
and 7601(a).

    Dated: September 16, 1996.
Carol Browner,
Administrator.

    For the reasons set forth in the preamble, subpart D of part 60 of 
chapter I of Title 40 of the Code of Federal Regulations is amended as 
follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:


[[Page 49976]]


    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601

Subpart D--[Amended]


Sec. 60.42  [Amended]

    2. Section 60.42 is amended by removing paragraph (b)(3).


Sec. 60.45  [Amended]

    3. Section 60.45 is amended by removing paragraph (g)(1)(iii).

[FR Doc. 96-24283 Filed 9-23-96; 8:45 am]
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