[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Proposed Rules]
[Pages 64539-64542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25848]



[[Page 64539]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0342; FRL-9918-67-Region-3]


Approval and Promulgation of Implementation Plans; Pennsylvania; 
Pennsylvania Regional Haze State Implementation Plan Revision--
Particulate Matter Best Available Retrofit Technology Limit for the 
Cheswick Power Plant in Allegheny County

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a revision to the Pennsylvania State Implementation Plan 
(SIP) submitted by the Commonwealth of Pennsylvania through the 
Pennsylvania Department of Environmental Protection (PADEP). This SIP 
revision addresses an error in the Best Available Retrofit Technology 
(BART) requirements for Boiler Number 1 of the Cheswick Generating 
Station (Cheswick) in Allegheny County. EPA is proposing approval of 
the portion of Pennsylvania's SIP revision addressing the particulate 
matter (PM) BART requirements as it is in accordance with the 
requirements of the Clean Air Act (CAA) and EPA's rules for BART.

DATES: Comments must be received on or before December 1, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0342, by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0342, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0342. 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 electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Allegheny County Health Department, Bureau of 
Environmental Quality, Division of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Regional haze is visibility impairment that is produced by a 
multitude of sources and activities which are located across a broad 
geographic area and emit fine particles (e.g., sulfates, nitrates, 
organic carbon, elemental carbon, and soil dust) and their precursors 
(e.g., sulfur dioxide (SO2), nitrogen oxides 
(NOX), and in some cases, ammonia (NH3) and 
volatile organic compounds (VOC)). Fine particle precursors react in 
the atmosphere to form fine particulate matter (PM2.5), 
which impairs visibility by scattering and absorbing light. Visibility 
impairment reduces the clarity, color, and visible distance that one 
can see. Section 169A of the CAA establishes as a national goal the 
``prevention of any future, and the remedying of any existing, 
impairment of visibility in mandatory class I Federal areas which 
impairment results from manmade air pollution'' and requires SIPs for 
states whose emissions may reasonably be anticipated to cause or 
contribute to visibility impairment in Class I areas to contain 
emission limits, compliance schedules and other measures as may be 
necessary to make reasonable progress toward the national goal of 
achieving natural visibility conditions in Class I areas. A regional 
haze SIP generally must include, among other measures, source-specific 
BART emission limits for each source subject to BART. A detailed 
discussion of the requirements of the regional haze program can be 
found in our earlier notice proposing action on Pennsylvania's regional 
haze SIP. See 77 FR 3984 (January 26, 2012).
    On December 20, 2010, PADEP submitted revisions to the Pennsylvania 
SIP to address regional haze requirements as required by the CAA. Among 
the measures included in the SIP submission and approved by EPA was a 
coarse PM (PM10) BART emission limit for Cheswick of 361 
tons per year (tpy). PADEP has determined that this limit was set in 
error and has submitted this SIP revision to correct the 
PM10 BART emission limit. EPA originally finalized a limited 
approval of the Pennsylvania regional haze SIP on July 13, 2012. 77 FR 
41279. Our approval was limited due to Pennsylvania's reliance upon the 
Clean Air Interstate Rule (CAIR) for sulfur dioxide (SO2) 
and nitrogen oxide (NOX) BART for electric generating units 
(EGUs). On June 7, 2012, EPA had finalized the limited disapproval of 
Pennsylvania's regional haze SIP (and other states' regional haze SIPs 
that relied similarly on CAIR) due to its reliance on CAIR as EPA had 
issued the Cross State Air Pollution Rule (CSAPR) to replace CAIR. 77 
FR 33641. EPA also finalized a limited Federal Implementation Plan 
(FIP) for Pennsylvania and other states, which merely substituted 
reliance on EPA's more recent CSAPR NOX and SO2

[[Page 64540]]

trading programs for EGUs for the SIP's reliance on CAIR. See 77 FR 
33641.\1\
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    \1\ In response to a petition for review of EPA's limited 
approval of Pennsylvania's regional haze SIP in the United States 
Court of Appeals for the Third Circuit, EPA successfully moved for a 
voluntary remand without vacatur. On April 30, 2014, EPA reissued 
its final limited approval of the Pennsylvania SIP to implement the 
Commonwealth's regional haze program for the first planning period 
through 2018. 79 FR 24340.
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    For the December 20, 2010 regional haze SIP, the Allegheny County 
Health Department (ACHD) had performed a BART analysis for Cheswick. In 
the May 4, 2009 Cheswick BART review memo, ACHD stated it performed its 
BART analysis in accordance with 40 CFR 51.308(e) and 40 CFR Part 51, 
Appendix Y, Guidelines for BART Determinations Under the Regional Haze 
Rule (BART Guidelines).\2\ The May 4, 2009 Cheswick BART review memo 
was included in Pennsylvania's December 20, 2010 regional haze SIP (in 
Appendix J) and recommended that the conditions of Cheswick's operating 
permit and installation permits satisfied BART for PM for Cheswick, an 
EGU in Allegheny County.3 4 In the December 20, 2010 
regional haze SIP submittal, Pennsylvania specifically included a 
PM10 BART emission limit for Cheswick of 361 tpy in error 
even though ACHD had recommended permit conditions as BART.\5\ After 
EPA proposed limited approval of the Pennsylvania regional haze SIP on 
January 26, 2012 (77 FR 3984), the owner of Cheswick commented that 
Cheswick's BART emission limits including PM10 were 
inconsistent with the plant's current permits which had a higher 
allowable PM10 emissions limitation than 361 tpy. Cheswick's 
owner also commented that the 361 tpy potential to emit PM10 
included in the May 4, 2009 Cheswick BART review memo in the ``Process 
Description'' section was derived from Cheswick's 1995 Title V permit 
application which contained an error in the calculation of Cheswick's 
potential to emit PM10.\6\
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    \2\ The BART Guidelines provide a process for making BART 
determinations that states and local agencies can use in 
implementing the regional haze BART requirements on a source-by-
source basis, as provided in 40 CFR 51.308(e)(1).
    \3\ Cheswick was formerly owned by Orion Power, but is presently 
owned by NRG Energy.
    \4\ After the May 4, 2009 BART review memo, ACHD issued for 
Cheswick an Installation Permit (IP No. 0054-I004a) and a Title V 
Operating Permit (TVOP No. 0054).
    \5\ The December 20, 2010 regional haze SIP submittal included 
the following BART emission limits for Cheswick: 67,452 tpy of 
SO2, 10,840 tpy of NOX, and 361 tpy of 
PM10. According to Pennsylvania and explained in the 
March 25, 2014 SIP submittal, these emission limits were included in 
error.
    \6\ The comments from the owner of Cheswick on the proposed 
Cheswick BART are available in the rulemaking docket from our 
approval of the Pennsylvania regional haze SIP, docket number EPA-
R03-OAR-2012-0002, at www.regulations.gov.
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II. Summary of SIP Revision

    Since EPA first approved the regional haze SIP in July 2012, ACHD 
has updated the BART review memo for Cheswick to reflect the current 
control devices, emission limits, and regulations to which Cheswick is 
subject. This March 25, 2014 SIP revision revises the incorrect 
PM10 emission limit of 361 tpy to 180 pounds per hour (lbs/
hr) for Boiler No. 1 and also seeks removal of the errant inclusion of 
an SO2 emission limit of 67,452 tpy and a NOX 
emission limit of 10,840 tpy for Cheswick's Boiler No. 1 from the 
regional haze SIP because Pennsylvania intended CAIR as SO2 
and NOX BART for all EGUs including Cheswick.\7\ PADEP 
submitted this SIP revision in accordance with the visibility and 
regional haze provisions of sections 169A and 169B of the CAA and the 
regional haze rule at 40 CFR 51.308.
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    \7\ The March 25, 2014 SIP revision also updates the owner's 
name of Cheswick from Orion Power to GenOn Power Midwest LP and 
updates the permit numbers and dates of issuance for Cheswick's 
Boiler No. 1. EPA notes the present owner of Cheswick is NRG Energy.
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    PADEP stated in its submittal that the SO2 and 
NOX BART emission limits for Cheswick were included in the 
BART table in its December 10, 2010 regional haze SIP in conflict with 
the ACHD Cheswick BART review memo and the narrative portion of the SIP 
submittal which discussed CAIR as satisfying SO2 and 
NOX BART for BART-eligible EGUs in Pennsylvania. In this 
rulemaking, EPA is proposing to approve the corrected PM10 
limit of 180 lbs/hr and will take later, separate action concerning the 
SO2 and NOX BART portion of the March 25, 2014 
SIP revision submittal.
    PADEP explained in its March 25, 2014 SIP revision that the 
PM10 BART emission limit of 361 tpy for Boiler No. 1 at 
Cheswick included in the December 20, 2010 regional haze SIP was found 
to be incorrect during the public comment period for EPA's proposed 
approval of the regional haze SIP. The December 20, 2010 regional haze 
SIP submittal included the 361 tpy PM10 limit because at the 
time PADEP was assessing the appropriate BART limits, it decided to 
base the PM10 BART limit on the May 4, 2009 BART review memo 
for Cheswick which referred to conditions of certain permits for 
Cheswick as BART, and the review memo listed Cheswick's potential to 
emit at 361 tpy. However, on April 20, 2010, ACHD issued an 
Installation Permit (IP No. 0054-I004a) and a Title V operating permit 
(TVOP No. 0054) for Cheswick with a PM10 limit of 180 lbs/
hr.\8\ During the permitting process in 2010, ACHD discovered the 
PM10 potential to emit included in the May 4, 2009 BART 
review memo was incorrect. Despite the PM10 emission limit 
in Cheswick's permits of 180 lbs/hr and discovery of the incorrect 
PM10 potential to emit, the December 20, 2010 regional haze 
SIP submission incorrectly contained the 361 tpy PM10 limit 
as BART for Cheswick. This March 25, 2014 SIP revision replaces the 
incorrect PM10 emission limit of 361 tpy with the correct 
BART PM10 emission limit for Boiler No. 1 of 180 lbs/hr, 
which includes condensable particulate matter, but excludes sulfuric 
acid mist (H2SO4). The 180 lbs/hr PM10 
emission limit is the applicable PM10 emissions limitation 
in Cheswick's permits. This SIP revision also contains corrected permit 
numbers and permit issuance dates for Boiler No. 1 of the Cheswick 
Plant.
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    \8\ According to PADEP, the 180 lbs/hr PM10 emission 
limit equates to 788 tpy for Cheswick.
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    ACHD updated the BART analysis for Boiler No. 1 at Cheswick with a 
new memo on November 7, 2012. The November 7, 2012 BART review memo 
includes the current control devices in operation at Cheswick and the 
correct, applicable emission limits and regulations. The November 7, 
2012 BART review memo describes ACHD's consideration of the five 
statutory BART factors for Cheswick and explained that Cheswick has the 
most stringent controls installed such that the flue gas stream is not 
allowed to bypass the SO2 control, flue gas desulfurization 
(FGD), or PM control, electrostatic precipitator (ESP) system, and that 
Cheswick has a new, shorter stack. The November 7, 2012 BART review 
memo indicated the PM10 emission limit is in two Federally-
enforceable permits (an Installation Permit and a Title V Permit), and 
that two separate modeling studies show that visibility impacts from 
Cheswick are minimal even without considering SO2 removal by 
the FGD or the newer, shorter stack. The review memo concluded that 
additional controls were not warranted given the minimal visibility 
impact of 0.0336 deciviews (dv) from the Cheswick Plant.
    PADEP included the November 7, 2012 Cheswick BART review memo in 
the March 25, 2014 SIP revision and recommends the PM10 
emission limit of 180 lbs/hr as BART for Cheswick because the November 
7, 2012 review memo followed the BART Guidelines

[[Page 64541]]

and showed that there are minimal visibility impacts to Class I areas 
and that additional controls were not cost effective given the 
visibility impact of 0.0336 dv. The modeling of potential visibility 
impacts from Boiler No. 1 for purposes of the May 4, 2009 ACHD review 
memo was conducted prior to the installation of the FGD unit for 
SO2 control and the construction of a new stack which is 
198.5 feet shorter than the previous stack. The modeled analysis was 
done by the Northeast States for Coordinated Air Use Management 
(NESCAUM) for the Mid-Atlantic/Northeast Visibility Union (MANE-VU). 
BART modeling information provided independently by Cheswick's owner 
and operator produced comparable results. PADEP and ACHD assert that 
the reductions in sulfur oxides and PM10 emissions due to 
the FGD installation as well as the significantly shorter stack will 
reduce even further the visibility impacts from Boiler No. 1 from what 
was originally modeled for Cheswick. Therefore, in the March 25, 2014 
SIP revision, PADEP states that the revised BART PM10 
emission limit will not interfere with any applicable CAA requirements, 
particularly the visibility and regional haze provisions of sections 
169A and 169B of the CAA, and the regional haze regulations codified at 
40 CFR 51.308.

III. EPA's Analysis of SIP Revision for PM10 BART Limit

    EPA proposes to approve the revised PM10 emission limit 
of 180 lbs/hr for Cheswick based on the explanation provided by PADEP 
in its SIP submittal as the previous limit of 361 tpy was incorrectly 
determined by ACHD and PADEP and was an error. The May 4, 2009 BART 
review memo for Cheswick referred to current permit conditions for 
Cheswick as the recommended PM10 BART limit. On April 20, 
2010, ACHD had revised an Installation Permit (IP No. 0054-I004a) and 
issued a Title V Permit (TVOP No. 0052) for Cheswick with a 
PM10 limit of 180 lbs/hr. No permit for Cheswick had ever 
contained a 361 tpy PM10 limit, and ACHD discovered the 
error with the potential to emit calculation of PM10 while 
issuing the permits in 2010. Despite the discovery of the erroneous 
PM10 potential to emit calculation and the new 
PM10 emission limit of 180 lbs/hr, the December 20, 2010 
regional haze SIP submission incorrectly recommended the 361 tpy 
PM10 calculation as BART for Cheswick.
    PADEP has explained the basis for its determination that the limit 
of 180 lbs/hr is appropriate for BART. In the November 7, 2012 revised 
BART review memo for Cheswick, ACHD recommended the existing 
PM10 BART emission rate of 180 lbs/hr after considering the 
five CAA statutory factors for BART and following EPA's BART Guidelines 
in 40 CFR Part 51, Appendix Y. In its review, ACHD evaluated retrofit 
control technologies, eliminated technically infeasible options and 
evaluated effectiveness and impacts of the remaining options. The 
ACHD's conclusion for Cheswick was that the plant already had the most 
stringent controls available for a coal-fired boiler, had Federally-
enforceable permit limits for PM10 (Installation Permit and 
Title V Permit), as well as other FGD operating restrictions in 
Federally-enforceable permits, and had minimal estimated visibility 
impacts from PM10 emissions on Class I areas. Most of the 
modeling which supports the BART determinations in the Pennsylvania 
regional haze SIP was conducted by NESCAUM for MANE-VU in September 
2006 for individual BART-eligible sources using CALPUFF. The MANE-VU 
modeling was in accordance with the BART Guidelines and was used by 
Pennsylvania to assess the degree of visibility improvement that could 
result from installation of BART controls. This was included in the 
December 20, 2010 Pennsylvania regional haze SIP as Appendix I.\9\ The 
minimal visibility impact from Cheswick's emissions on the most 
impacted Class I area (Otter Creek Wilderness Area) of 0.0336 dv is 
from the MANE-VU CALPUFF modeling included in the December 20, 2010 
regional haze SIP which was conducted prior to installation and 
operation of the FGD and its lower stack.
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    \9\ The December 20, 2010 Pennsylvania regional haze SIP 
submission is available in the EPA rulemaking docket for our 
approval of the Pennsylvania regional haze SIP, docket number EPA-
R03-OAR-2012-0002, at www.regulations.gov.
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    EPA also analyzed the source-specific January 2007 modeling from 
AECOM conducted for Cheswick. The AECOM modeling was included in the 
March 25, 2014 SIP revision and is available in the docket for this 
rulemaking. The AECOM modeling included cumulative visibility impacts 
from Cheswick on multiple Class I areas including Dolly Sods Wilderness 
Area, Otter Creek Wilderness Area and Shenandoah National Park. From 
our review of the AECOM modeling for Cheswick, EPA concludes Cheswick's 
cumulative visibility impact of 0.06 dv from its PM10 
emissions on these three Class I areas is likewise minimal. Because 
Cheswick has installed a FGD and a lower stack since the January 2007 
modeling, EPA believes Cheswick's visibility impact on these Class I 
areas has likely been further reduced. EPA finds the corrected 
PM10 BART emission limit for Boiler No. 1 a reasonable 
application of the BART statutory factors and BART guidelines 
considering the controls installed at Cheswick, technical feasibility 
and cost-effectiveness of additional controls, and Cheswick's minimal 
visibility impacts as explained in ACHD's November 7, 2012 BART review 
memo. EPA proposes to approve this SIP revision for Cheswick's 
PM10 BART limit in accordance with sections 169A and 169B of 
the CAA.

IV. EPA's Analysis of Section 110(l)

    Section 110(l) of the CAA states that ``[t]he Administrator shall 
not approve a revision of a plan if the revision would interfere with 
any applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of this chapter.'' EPA 
does not interpret section 110(l) to require a full attainment or 
maintenance demonstration before any changes to a SIP may be approved. 
Generally, a SIP revision may be approved under section 110(l) if the 
EPA finds that it will at least preserve status quo air quality, 
particularly where the pollutants at issue are those for which an area 
has not been designated nonattainment. EPA does not believe the 
proposed approval of the revisions to the Cheswick BART emission 
limitations will interfere with the CAA requirements for BART or for 
preventing interference with other states' programs to protect 
visibility because our proposal is supported by an evaluation that 
those CAA requirements are met. This SIP revision will correct an error 
by PADEP in the BART limit determined for Cheswick and approved by EPA 
in Pennsylvania's regional haze SIP and will replace a BART emission 
limitation with a limit intended by Pennsylvania which EPA finds 
reasonable. This SIP revision for the PM10 BART for Cheswick 
will not result in any substantive changes to other CAA requirements. 
Cheswick will continue to be subject to CAA requirements for BART.
    The revised PM10 emission limitation reflects Cheswick's 
applicable and enforceable PM10 emission limit which 
Pennsylvania intended to recommend for Cheswick's BART. EPA does not 
expect any increase in PM10 emissions from this BART 
revision and does not expect this revision will interfere with 
visibility in Class I areas impacted by

[[Page 64542]]

Cheswick.\10\ Thus, EPA does not anticipate the revisions to Cheswick's 
BARTs to interfere with neighboring states' ability to achieve 
reasonable progress goals (RPGs) given Cheswick's minimal visibility 
impact, Cheswick's SO2, NOX, and PM controls and 
newer shorter stack, and recent monitored data from neighboring states 
showing progress towards RPGs.\11\
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    \10\ In fact, Cheswick has been subject to this 180 lbs/hr. 
PM10 emissions rate since April 2010 well before EPA 
approved the Pennsylvania regional haze SIP in July 2012. Therefore, 
EPA does not expect any increase in PM10 emissions from 
this BART revision.
    \11\ EPA notes Cheswick has Selective Catalytic Reduction 
installed for NOX controls. For further discussion of 
progress towards RPGs and current visibility conditions in nearby 
Class I areas based on the latest available Interagency Monitoring 
of Protected Visual Environments (IMPROVE) monitoring data, see 
EPA's approvals of Virginia's and Delaware's five-year progress 
reports on regional haze at 79 FR 25019 (May 2, 2014) (Virginia) and 
79 FR 25506 (May 5, 2014) (Delaware). See also 79 FR 10451 (February 
25, 2014) (proposed approval of Virginia's progress report) and 79 
FR 10442 (February 25, 2014) (proposed approval of Delaware's 
progress report). EPA's proposed approval of West Virginia's five-
year progress report on regional haze is at 79 FR 14460 (March 14, 
2014).
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    EPA also believes that approval of the submitted SIP revision will 
not interfere with attainment and maintenance of the NAAQS. Cheswick 
has been subject to the 180 lbs/hr PM10 emission limit since 
April 2010. While Cheswick is in the Pittsburgh-Beaver Valley 
nonattainment area for 1997 and 2006 PM2.5 NAAQS, this area 
has had monitored clean data for PM2.5 for the last few 
years.\12\ Because Cheswick had the 180 lbs/hr PM10 limit 
during the time when Pittsburgh-Beaver Valley has monitored attainment, 
EPA does not anticipate this PM10 BART revision will 
interfere with attainment or maintenance of the 1997 and 2006 
PM2.5 NAAQS.13 14 EPA believes approval of 
Pennsylvania's revision will not contribute to conditions of 
nonattainment or interfere with maintenance of any standard. Thus, EPA 
finds this SIP revision to Cheswick's PM10 BART complies 
with Section 110(l) of the CAA and will not interfere with any 
applicable requirements concerning attainment and reasonable further 
progress or any other applicable requirement of the CAA, such as the 
visibility and regional haze provisions of sections 169A and 169B of 
the CAA.
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    \12\ EPA finalized a clean data determination for the 
Pittsburgh-Beaver Valley nonattainment area for 1997 
PM2.5 NAAQS on October 12, 2012. See 77 FR 62147. EPA 
finalized a clean data determination for the Pittsburgh-Beaver 
Valley nonattainment area for 2006 PM2.5 NAAQS (24-hour 
standard) on May 2, 2014. See 79 FR 25014.
    \13\ EPA has not finalized designations of areas for the 2012 
PM2.5 NAAQS at this time. However, because Cheswick has 
had the 180 lbs/hr PM10 emission limit since April 2010 
and has been in compliance with that limit since 2010 according to 
stack test data EPA has reviewed from ACHD and Cheswick, EPA does 
not anticipate approval of this SIP revision will significantly 
impact the Pittsburgh Beaver Valley area. If the Pittsburgh Beaver 
Valley area is designated nonattainment, Pennsylvania will be 
required to submit an attainment plan in accordance with Section 172 
of the CAA.
    \14\ EPA has also not required separate emission limits for each 
form of particulates for BART, and the BART Guidelines do not 
specify that states must establish a BART limit for both 
PM10 and PM2.5. If PM2.5 emission 
limitations are needed for the Pittsburgh-Beaver Valley area to 
attain any PM2.5 NAAQS, ACHD can set such limits when 
implementing SIP attainment planning requirements in CAA section 
172.
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V. EPA's Proposed Action

    EPA is proposing to approve a portion of Pennsylvania's March 25, 
2014 revision to its regional haze SIP which revises the 
PM10 BART emission limitation for Cheswick. EPA will take 
later, separate action concerning the remainder of the March 25, 2014 
SIP revision. This conclusion is based on our review of the March 25, 
2014 SIP revision as well as Pennsylvania's December 20, 2010 regional 
haze SIP submission including technical data and supporting analysis. 
If approved by EPA, the PM10 emission rate of 180 lbs/hr 
(including condensables and excluding H2SO4) 
supercedes the previous PM10 BART determination for Cheswick 
included in the December 20, 2010 regional haze SIP revision. EPA finds 
Pennsylvania's PM10 BART determination for Cheswick 
reasonable and finds the revision will not interfere with visibility 
improvements or any other CAA requirements set forth in sections 
110(l), 169A, and 169B of the CAA, as well as in our implementing 
regulations at 40 CFR 51.308.

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 
proposed 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 proposed 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 proposed rule to approve Pennsylvania's regional haze 
SIP revision pertaining to Cheswick 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 state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

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

    Dated: October 21, 2014.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-25848 Filed 10-29-14; 8:45 am]
BILLING CODE 6560-50-P