[Federal Register Volume 79, Number 45 (Friday, March 7, 2014)]
[Rules and Regulations]
[Pages 12954-12957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03857]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0227; FRL-9906-81-OAR]


Approval and Promulgation of Air Quality Implementation Plans; 
Oklahoma; Regional Haze and Interstate Transport Affecting Visibility 
State Implementation Plan Revisions; Withdrawal of Federal 
Implementation Plan for American Electric Power/Public Service Company 
of Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to amend a Federal Implementation Plan (FIP) for Oklahoma that 
became effective on January 27, 2012, as it applies to Units 3 and 4 of 
the Northeastern Power Station in Rogers County, Oklahoma, which is 
operated by the American Electric Power/Public Service Company of 
Oklahoma (AEP/PSO). We are removing the FIP requirements for AEP/PSO 
because, in a separate action being published in today's Federal 
Register, we are taking final action to approve revisions to the 
Oklahoma State Implementation Plan (SIP), submitted by the Oklahoma 
Department of Environmental Quality (ODEQ) to EPA on June 20, 2013, 
which address revised Best Available Retrofit Technology (BART) 
requirements for sulfur dioxide (SO2) and oxides of nitrogen 
(NOX) for Units 3 and 4 of AEP/PSO's Northeastern Power 
Station in Rogers County, Oklahoma. The revisions (collectively, the 
``Oklahoma SIP revisions'') also address the requirements of the Clean 
Air Act (CAA) concerning non-interference with programs to protect 
visibility in other states.

DATES: This final rule will be effective April 7, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2013-0227. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information the disclosure of which 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 http://www.regulations.gov or in hard copy at the Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. A 15 cent per page fee will be 
charged for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area on the seventh floor 
at 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Mr. Terry Johnson (6PD-L), Air 
Planning Section, Environmental Protection Agency, Region 6, 1445 Ross 
Avenue (6PD-L), Suite 1200, Dallas, TX 75202-2733. The telephone number 
is (214) 665-2154. Mr. Johnson can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever

[[Page 12955]]

``we,'' ``us,'' or ``our'' is used, we mean EPA.

Table of Contents

    I. What is the background for this action?
    II. What final action is EPA taking?
    III. Responses to Comments Received
    IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    The Oklahoma regional haze (RH) and interstate transport (IT) FIP 
being amended by this action was promulgated in order to address 
certain deficiencies in Oklahoma's BART determinations concerning the 
appropriate level of control of SO2 emissions for Units 3 
and 4 of AEP/PSO's Northeastern Power Station, as well as Units 4 and 5 
of Oklahoma Gas and Electric's (OG&E) Muscogee Plant and Units 1 and 2 
of the OG&E's Sooner Plant. On December 28, 2011, EPA disapproved the 
SO2 BART determinations for all six units and simultaneously 
issued a FIP containing a more stringent SO2 BART 
determination (76 FR 81728). In the same action, EPA approved the 
Oklahoma IT SIP, except to the extent that it relied on the disapproved 
SO2 BART determinations for the six units mentioned above. 
The FIP containing the more stringent SO2 BART 
determinations also satisfied EPA's FIP obligation arising from the 
disapproval of the IT SIP.
    The background for this final rule and the separate action also 
being published today that approves the Oklahoma SIP revisions is 
discussed in detail in our August 21, 2013 proposal (see 78 FR 51686). 
The comment period was open for 30 days, and we received 273 comments 
in response to our proposed action.

II. What final action is EPA taking?

    We are withdrawing the Oklahoma RH and IT FIP at 40 CFR 52.1923, as 
it applies to Units 3 and 4 of AEP/PSO's Northeastern Power Station. 
Therefore, as of the effective date of this final rule, the Oklahoma RH 
and IT FIP will no longer apply to AEP/PSO Northeastern Power Station. 
The Oklahoma RH and IT FIP provisions applicable to OG&E's Muscogee and 
Sooner plants are unaffected by this action and remain in place.
    As explained in our August 21, 2013 proposal (see 78 FR 51686), 
this action is made possible because of our separate action being 
published in today's Federal Register to approve the Oklahoma SIP 
revisions, which update the Oklahoma RH and IT SIP to include a revised 
BART determination for Units 3 and 4 of AEP/PSO's Northeastern Power 
Station, as well as an enforceable commitment to address any shortfall 
that may occur with respect the emission reductions relied upon in the 
IT SIP. EPA has made the determination that the Oklahoma RH SIP 
revision is approvable because the plan's provisions meet all 
applicable requirements of the CAA and EPA implementing regulations.
    EPA is finalizing this action under section 110 and part C of the 
Act.

III. Responses to Comments Received

    We received a total of 273 comments concerning our proposed action. 
The issues raised in those comment letters are summarized, along with 
our response to each, in the separate notice being published in today's 
Federal Register that approves the Oklahoma SIP revisions. Copies of 
the comments are available in the docket for this rulemaking. (Please 
see Docket No. EPA-R06-OAR-2013-0227 in the regulations.gov Web site).

IV. Statutory and Executive Order Reviews

    Withdrawal of the Oklahoma RH and IT FIP as it applies to AEP/PSO 
Northeastern Power Station means that the Federal plan no longer 
applies to this facility.

A. Executive Order 12866--Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This FIP withdrawal action for AEP/PSO's Northeastern Power Station 
is not a ``significant regulatory action'' under the terms of Executive 
Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject 
to review under Executive Orders 12866 and 13563 (76 FR 3821, January 
21, 2011).

B. Paperwork Reduction Act

    This FIP withdrawal action for AEP/PSO Northeastern Power Station 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. because this FIP 
amendment under section 110 and part C of the Clean Air Act will not 
in-and-of itself create any new information collection burdens. Because 
this final action does not impose an information collection burden, the 
Paperwork Reduction Act does not apply.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    This rule withdraws the FIP for AEP/PSO's Northeastern Power 
Station, which is not a small entity, and does not create any new 
requirements. After considering the economic impact of this rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule will not impose any requirements on small entities.

D. Unfunded Mandates Reform Act

    This FIP withdrawal action for AEP/PSO's Northeastern Power Station 
contains no Federal mandates under the provisions of Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for 
State, local, or tribal governments or the private sector. This action 
imposes no enforceable duty on any State, local or tribal governments 
or the private sector. Therefore, this action is not subject to the 
requirements of sections 202 or 205 of the UMRA.
    This FIP withdrawal action for AEP/PSO's Northeastern Power Station 
is also not subject to the requirements of section 203 of UMRA because 
it contains no regulatory requirements that might significantly or 
uniquely affect small governments. This action removes a Federal plan 
for AEP/PSO's Northeastern Power Station. Small governments are not 
impacted.

E. Executive Order 13132--Federalism

    This FIP withdrawal action for AEP/PSO Northeastern Power Station 
does not have federalism implications. It will not have substantial 
direct effects on the States, on the relationship between the national 
government and the State, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132. The CAA establishes the scheme whereby states

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take the lead in developing SIPs including SIPs to attain the NAAQS and 
to meet other applicable CAA requirements including the Best Available 
Retrofit requirements in CAA section 169(b)(2)(A) and the Visibility 
Impairment requirements in CAA section 110(a)(2)(D)(i)(II). This action 
will not modify this relationship. Thus, Executive Order 13132 does not 
apply to this action.

F. Executive Order 13175--Consultation and Coordination With Indian 
Tribal Governments

    This FIP withdrawal action for AEP/PSO's Northeastern Power Station 
does not have tribal implications, as specified in Executive Order 
13175 (65 FR 67249, November 9, 2000). In this action, EPA is not 
addressing any Tribal Implementation Plans. This action is limited to 
the withdrawal of the Oklahoma RH and IT FIP for AEP/PSO's Northeastern 
Power Station. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the executive order has the potential to influence the regulation. This 
action is not subject to EO 13045 because EPA is withdrawing the 
Oklahoma RH and IT FIP for AEP/PSO's Northeastern Power Station, as 
authorized by the CAA.

H. Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This FIP withdrawal action for AEP/PSO's Northeastern Power Station 
is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) 
because it is not a significant regulatory action under Executive Order 
12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This FIP 
withdrawal action for AEP/PSO's Northeastern Power Station does not 
involve technical standards. Therefore, EPA did not consider the use of 
any voluntary consensus standards.

J. Executive Order 12898--Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This final rule 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).

K. Congressional Review Act

    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 the Federal 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).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 6, 2014. 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. 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, Nitrogen dioxide, Particulate 
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur 
dioxide, Visibility, and Volatile organic compounds.

    Dated: February 7, 2014.
Gina McCarthy,
Administrator.
    Title 40, chapter I, of the Code of Federal Regulations 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. Section 52.1923 is amended by revising the section heading, and 
paragraphs (a), (c), and (e)(1) to read as follows:


Sec.  52.1923  Best Available Retrofit Requirements (BART) for 
SO2 and Interstate pollutant transport provisions; What are 
the FIP requirements for Units 4 and 5 of the Oklahoma Gas and Electric 
Muskogee plant; and Units 1 and 2 of the Oklahoma Gas and Electric 
Sooner plant affecting visibility?

    (a) Applicability. The provisions of this section shall apply to 
each owner or operator, or successive owners or operators, of the coal 
burning equipment designated as: Units 4 or 5 of the Oklahoma Gas and 
Electric Muskogee plant; and Units 1 or 2 of the Oklahoma Gas and 
Electric Sooner plant.
* * * * *
    (c) Definitions. All terms used in this part but not defined herein 
shall have the meaning given them in the CAA and in parts 51 and 60 of 
this chapter. For the purposes of this section:
    24-hour period means the period of time between 12:01 a.m. and 12 
midnight.
    Air pollution control equipment includes selective catalytic 
control units, baghouses, particulate or gaseous scrubbers, and any 
other apparatus utilized to control emissions of regulated air 
contaminants that would be emitted to the atmosphere.
    Boiler-operating-day means any 24- hour period between 12:00 
midnight and the following midnight during which any fuel is combusted 
at any time at the steam generating unit.
    Daily average means the arithmetic average of the hourly values 
measured in a 24-hour period.
    Heat input means heat derived from combustion of fuel in a unit and 
does

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not include the heat input from preheated combustion air, recirculated 
flue gases, or exhaust gases from other sources. Heat input shall be 
calculated in accordance with 40 CFR part 75.
    Owner or Operator means any person who owns, leases, operates, 
controls, or supervises any of the coal burning equipment designated 
as:
    (i) Unit 4 of the Oklahoma Gas and Electric Muskogee plant; or
    (ii) Unit 5 of the Oklahoma Gas and Electric Muskogee plant; or
    (iii) Unit 1 of the Oklahoma Gas and Electric Sooner plant; or
    (iv) Unit 2 of the Oklahoma Gas and Electric Sooner plant.
    Regional Administrator means the Regional Administrator of EPA 
Region 6 or his/her authorized representative.
    Unit means one of the coal fired boilers covered under paragraph 
(a) of this section.
* * * * *
    (e) * * *
    (1) No later than the compliance date in paragraph (b) of this 
section, the owner or operator shall install, calibrate, maintain and 
operate Continuous Emissions Monitoring Systems (CEMS) for 
SO2 on Units 4 and 5 of the Oklahoma Gas and Electric 
Muskogee plant; and Units 1 and 2 of the Oklahoma Gas and Electric 
Sooner plant in accordance with 40 CFR 60.8 and 60.13(e), (f), and (h), 
and Appendix B of Part 60. The owner or operator shall comply with the 
quality assurance procedures for CEMS found in 40 CFR part 75. 
Compliance with the emission limits for SO2 shall be 
determined by using data from a CEMS.
* * * * *
[FR Doc. 2014-03857 Filed 3-6-14; 8:45 am]
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