[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Rules and Regulations]
[Pages 23105-23107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9252]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-1091-200813; FRL-8559-1]


Approval and Promulgation of Implementation Plans Kentucky: 
Tennessee Valley Authority Paradise Facility State Implementation Plan 
Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a source specific State 
Implementation Plan (SIP) revision submitted on October 19, 2007, by 
the Commonwealth of Kentucky through the Kentucky Division for Air 
Quality (KDAQ). This SIP revision supercedes a previous source-specific 
revision approved by EPA on August 25, 1989, including an equivalency 
demonstration supporting the redistribution of sulfur dioxide 
(SO2) emissions from Tennessee Valley Authority's (TVA's) 
Paradise Steam Plant located in Muhlenburg County, Kentucky. The 
revision being approved now includes SO2 limits that are 
more stringent than the current SIP-approved statewide SO2 
limits for electric generating units (EGUs). Consistent with Kentucky 
Administrative Regulations (KAR) approved into the SIP, affected 
facilities located in Muhlenberg County are subject to an 
SO2 emission limit of 3.1 pounds per million British Thermal 
Units (lbs/mmBTU). The 3.1 lbs/mmBTU limit was approved by EPA on June 
24, 1983, as part of Kentucky's control strategy for attaining and 
maintaining the primary and secondary SO2 national ambient 
air quality standard (NAAQS) in Muhlenberg County. This current SIP 
action will approve a limit of 1.2 lbs/mmBTU for all three units with 
limited bypass emissions of 3.1 lbs/mmBTU for scrubber maintenance on 
Unit 3. This revision was proposed for approval on February 5, 2008, 
and no adverse comments were received.

[[Page 23106]]


DATES: Effective Date: This rule will be effective May 29, 2008.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2007-1091. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., 
Confidential Business Information 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 materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Regulatory Development Section, Air Planning 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 to 4:30, excluding federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9074. Ms. LeSane can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On October 19, 2007, KDAQ submitted to EPA a source-specific SIP 
revision requesting that the 1989 source-specific redistribution of 
SO2 emission limits for TVA Paradise be revised to account 
for new control technology at the facility. KDAQ proposed that the TVA 
Paradise facility be subject to specific limits discussed below which 
are more stringent than Kentucky's SIP-approved KAR, requiring a 3.1 
lbs/mmBTU limit. The rationale for the 1989 equivalency determination 
and redistribution was the lack of control measures (a scrubber) on 
Unit 3. TVA has now installed a wet scrubber on Unit 3, and as a 
result, the 1989 redistribution is no longer necessary for the facility 
to comply with the SIP-approved 401 KAR 61:015. At this time, Units 1 
and 2 are equipped with Venturi-type limestone slurry flue gas 
desulfurization (FGD) scrubbers, and Unit 3 is equipped with an 
electrostatic precipitator and a wet limestone FGD scrubber. The 
facility is now able to meet (and exceed) the requirements of 401 KAR 
61:015 without a unit-specific redistribution. The new SO2 
limits are: 1.2 lbs/mmBTU for all three units with a 3.1 lbs/mmBTU 
limit allowed at Unit 3 for a limited time for scrubber maintenance. 
This revision is consistent with section 110 of the Clean Air Act (CAA) 
because it will continue to provide for attainment and maintenance of 
the SO2 NAAQS. EPA proposed this revision for approval on 
February 5, 2008 (73 FR 6657), and no adverse comments were received.

Final Action

    EPA is taking final action to approve a source-specific SIP 
revision submitted by KDAQ in October 2007 regarding the SO2 
emission limits for the three units at the TVA Paradise Facility. This 
action will supersede the 1989 source-specific SIP revision and subject 
TVA Paradise to emission limits of 1.2 lbs/mmBTU at Units 1, 2, and 3, 
except that Unit 3 may meet the limit of 3.1 lbs/mmBTU that is 
established in 401 KAR 61:015 during the limited times when the Unit 3 
scrubber is bypassed for maintenance (not to exceed 720 operating hours 
in a 12-month period).

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. 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 Kentucky law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by 
Kentucky 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 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, 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 Commonwealth, 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. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    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 June 30, 2008. 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

[[Page 23107]]

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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: April 17, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:


    Authority: 42 U.S.C. 7401 et seq.

Subpart S--Kentucky

0
2. Section 52.920 (d) is amended:
0
a. By revising the entry for ``TVA Paradise Permit,'' and
0
b. by adding a new entry at the end of the table for ``TVA Paradise 
Permit'' to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved Kentucky Source-Specific Requirements
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                                                          State
        Name of source                Permit No.        effective     EPA approval date         Explanation
                                                           date
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                                                  * * * * * * *
TVA Paradise Permit...........  KDEPDAQ Permit 0-87-       6/29/87  08/25/89, 54 FR 35326  WITHDRAWN
                                 012.
 
 
                                                  * * * * * * *
TVA Paradise Permit...........  KDEPDAQ Permit 0-87-      10/19/07  4/29/08 [Insert        Emission Rates Units
                                 012.                                citation of            1 and 2 are 1.2 lb/
                                                                     publication].          MMBTU and Unit 3 is
                                                                                            1.2 lb/MMBTU or *3.1
                                                                                            lb/MMBTU.
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* Bypass of the scrubber shall be limited to 720 operating hours in any 12 consecutive months.

* * * * *
 [FR Doc. E8-9252 Filed 4-28-08; 8:45 am]
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