[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Rules and Regulations]
[Pages 37157-37160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15533]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0026; FRL-9928-81-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
North Dakota; Alternative Monitoring Plan for Milton R. Young Station

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a State Implementation Plan (SIP) revision 
submitted by the State of North Dakota. On April 8, 2013, the Governor 
of North Dakota submitted to EPA an alternative monitoring plan for 
Milton R. Young Station (MRYS). The plan relates to continuous opacity 
monitoring for Unit 1 at MRYS. The intended effect of this action is to 
approve a state plan established to address minimum emission monitoring 
requirements. The EPA is taking this action under section 110 of the 
Clean Air Act (CAA).

DATES: This rule is effective on August 31, 2015 without further 
notice, unless EPA receives adverse comment by July 30, 2015. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2015-0026, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection 
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday 
through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2015-0026. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or email. The http://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 http://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, General Information of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: 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., 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 http://www.regulations.gov or in hard copy at the Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129. EPA requests that if at all possible, you contact the individual 
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard 
copy of the docket. You may view the hard copy of the docket Monday 
through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Gail Fallon, Air Program, EPA, Region 
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado, 80202-1129, 
(303) 312-6218, [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background
III. Revision in the April 8, 2013 Submittal That Is the Subject of 
This Document
IV. EPA's Analysis of SIP Revision
V. Consideration of Section 110(l) of the Clean Air Act
VI. Final Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

[[Page 37158]]

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background

    Sections 110(a)(2) and 110(l) of the CAA require that a state 
provide reasonable notice and public hearing before adopting a SIP 
revision and submitting it to us. To provide for public comment, the 
North Dakota Department of Health (NDDH), after providing notice, 
offered to hold a public hearing for the alternative monitoring plan 
for MRYS Unit 1. No one requested a public hearing so a hearing was not 
conducted. No one provided comments on the plan. Following the comment 
period and legal review by the North Dakota Attorney General's Office, 
NDDH adopted the alternative monitoring plan for MRYS Unit 1 as a SIP 
revision on March 1, 2013. The Governor submitted the SIP revision to 
EPA on April 8, 2013. EPA acted separately on a portion of the April 8, 
2013 submittal that revised Chapter 2, Section 2.15, Respecting Boards. 
78 FR 45866, July 30, 2013.

III. Revision in the April 8, 2013 Submittal That Is the Subject of 
This Document

    Minnkota Power Cooperative, Inc. (Minnkota) currently operates MRYS 
Unit 1, a coal-fired electric generating unit located near Center, 
North Dakota. Unit 1 was constructed in the late 1960's and began 
operating in 1970. Minnkota is required to continuously monitor the 
opacity of emissions from Unit 1 according to 40 CFR part 51, appendix 
P, and North Dakota SIP Chapter 8, Source Surveillance.
    The revision in the April 8, 2013 submittal to be addressed in this 
document included a revision to SIP Chapter 8, Source Surveillance, to 
provide an alternative monitoring plan for MRYS Unit 1. In May 1977, 
NDDH modified the permit to operate for Unit 1 requiring the 
installation and operation of continuous opacity monitoring (COM) 
equipment for emissions at Unit 1, and the opacity has been 
continuously monitored since the compliance date of August 30, 1978.
    In 2006, Minnkota entered into a consent decree with NDDH and EPA 
to settle allegations of noncompliance under the Prevention of 
Significant Deterioration Program. As part of this settlement, Minnkota 
was required to control sulfur dioxide emissions from Unit 1. Minnkota 
has installed a wet scrubber which treats all of the flue gas from Unit 
1 and achieves 95% reduction of the inlet sulfur dioxide. However, the 
large amount of moisture from the scrubber has made monitoring of the 
opacity in accordance with the requirements of 40 CFR part 51, appendix 
P, section 3.1.1 infeasible. Specifically, water droplets contained in 
the flue gas could potentially result in the existing continuous 
opacity monitor's overstating the true opacity.
    Because of this change in circumstances, Minnkota requested 
alternative monitoring requirements for MRYS Unit 1 under 40 CFR part 
51, appendix P, sections 6.0 and 6.1. NDDH agreed with Minnkota that 
such alternative monitoring procedures and requirements were warranted 
given that the excess moisture in the stack from the wet scrubber 
interferes with the COM and makes the COM data inaccurate. As a result, 
NDDH revised SIP Chapter 8, ``Source Surveillance,'' Section 8.3, 
``Continuous Emission Monitoring Requirements for Existing Stationary 
Sources, including amendments to Permits to Operate and Department 
Order.'' The revision provided for a new Section 8.3.2, ``Continuous 
Opacity Monitoring for M.R. Young Station Unit 1 Main Boiler.'' This 
new section provides alternative monitoring procedures and requirements 
for MRYS Unit 1.
    Under North Dakota Administrative Code (NDAC) 33-15-03-01.2, MRYS 
Unit 1 is subject to a 20% opacity limit, except for one 6-minute 
period per hour in which up to 40% opacity is allowed. Without the 
scrubber, Minnkota was able to comply with the 20% opacity limit with 
limited exceedances. We obtained monthly exceedance report data from 
the State which indicate that opacity readings greater than the 20% 
standard occurred only 0.30 percent of the time for the 2008 through 
2010 three-year average.\1\ The State has indicated that the addition 
of the wet scrubber would be expected to reduce visible emissions 
further.
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    \1\ The State created a spreadsheet entitled, ``Unit 1 Opacity 
Exceedances.xlsx,'' with the exceedance report data and this is 
included in the docket.
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    Under the alternative monitoring plan, Minnkota will ensure 
compliance with the opacity limit through the use of a continuous 
emissions monitoring system (CEMS) for particulate matter (PM) as well 
as periodic visible emissions reading using test method 9 from 40 CFR 
part 60, appendix A. Minnkota must comply with specific monitoring, 
recordkeeping, and reporting requirements of 40 CFR 60 as listed in the 
alternative monitoring plan in Section 8.3.2 for both the PM CEMS and 
the visible emissions testing. Among these requirements are:
    1. Minnkota must conduct weekly Method 9 tests for six consecutive 
weeks during regular source operation. If compliance with opacity is 
demonstrated from the weekly tests, Minnkota can begin conducting 
monthly tests. If excess emissions are identified, the tests revert to 
a weekly frequency.
    2. Minnkota must monitor the filterable PM emission rate with PM 
CEMS. The PM emission rate may not exceed 0.052 lb/MMBtu (pounds per 
one million British Thermal Units) (3-hour average).
    3. Minnkota must keep records of all PM and visible emissions 
readings and

[[Page 37159]]

must keep these records for at least five years.
    4. Minnkota must submit quarterly excess emissions reports for both 
the PM CEMS and visible emissions readings. The reports must also list 
any time periodic monitoring is not conducted as outlined in Section 
8.3.2. Minnkota must also submit annual certifications indicating 
compliance with the visible emission limit.
    Minnkota has developed a Compliance Assurance Monitoring (CAM) plan 
for PM in accordance with 40 CFR 64. The CAM plan indicates that 20% 
opacity occurs with a filterable PM emission rate of 0.062 lb/MMBtu. 
The alternative monitoring plan sets the filterable PM emission limit 
at 0.052 lb/MMBtu (3-hour average) with a 20% visible emission limit 
(6-minute average). The PM emission limit thus allows for a modest 
safety margin when compared to the 0.062 lb/MMBtu emission rate. For 
the purposes of this SIP revision, the PM CEMS is used only for 
demonstrating compliance with the visible emissions standard. This SIP 
revision does not cover monitoring for demonstrating compliance with 
the particulate matter emission limit for this unit.\2\
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    \2\ For purposes of demonstrating compliance with PM emissions, 
Minnkota is required to demonstrate compliance with an emission 
limit of 0.03 lb/MMBtu for MRYS Unit 1 based on annual stack testing 
under a consent decree between EPA, the State of North Dakota, 
Minnkota, and Square Butte Electric Cooperative (Civil Action No. 
1:06-CV-034).
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    Once the SIP revision is approved by EPA, NDDH will begin the 
procedures required under NDAC 33-15-14-06(6)(e) to modify the source's 
Title V permit by incorporating the alternative monitoring requirements 
into the permit. NDDH will then have the authority to enforce the SIP 
revision like any other permit condition.

IV. EPA's Analysis of SIP Revision

    We agree that the addition of the wet scrubber at MRYS Unit 1 
necessitates an alternate means of demonstrating opacity compliance, 
and that the wet scrubber will further reduce visible emissions from 
this unit. We have evaluated the SIP revision that North Dakota 
submitted for this purpose and have determined that the State met the 
requirements for reasonable notice and public hearing under section 
110(a)(2) of the CAA. On October 8, 2013, by operation of law under CAA 
section 110(k)(1)(B), the SIP revision was deemed to have met the 
minimum ``completeness'' criteria found in 40 CFR part 51, appendix V.
    We are also satisfied that this SIP revision will ensure that 
Minnkota complies with the requirements of 40 CFR 51.214 and 40 CFR 
part 51, appendix P, to continuously monitor opacity emissions, and 
that it will be adequate to ensure that Minnkota complies with the SIP 
opacity limits for MRYS Unit 1. We reviewed the alternative monitoring 
plan--in particular, the PM emission limit of 0.052 lb/MMBtu (3-hour 
average)--in conjunction with the CAM plan, and we agree that this 
limit will ensure equivalency of monitoring methods and compliance with 
the opacity limit as required by our regulations. Furthermore, it is 
unlikely that the opacity limits will be exceeded, as the consent 
decree PM emission limit of 0.03 lb/MMBtu would be triggered first.\3\
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    \3\ Id.
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V. Consideration of Section 110(l) of the Clean Air Act

    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of the National Ambient Air Quality Standards 
(NAAQS) or any other applicable requirements of the CAA. There are no 
nonattainment areas in North Dakota. The revision to SIP Chapter 8 
regarding the alternative monitoring plan for MRYS Unit 1 adequately 
details monitoring parameters, frequency of monitoring, the PM emission 
limit, recordkeeping, and reporting requirements to ensure that the 
source can comply with requirements to continuously monitor opacity 
emissions, and the revision will be adequate to ensure that Minnkota 
complies with the SIP opacity limits for MRYS Unit 1. Therefore, this 
revision does not interfere with attainment or maintenance of the NAAQS 
or other applicable requirements of the CAA.

VI. Final Action

    EPA is approving a revision to the North Dakota SIP that the 
Governor of North Dakota submitted on April 8, 2013. Specifically, EPA 
is approving an alternative monitoring plan for MRYS. The plan relates 
to continuous opacity monitoring for Unit 1 at MRYS. EPA acted 
previously on a portion of the April 8, 2013 submittal that revised 
Chapter 2, Section 2.15, Respecting Boards. 78 FR 45866, July 30, 2013.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial revision and anticipates no 
adverse comments. However, in the Proposed Rules section of today's 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective August 31, 2015 without 
further notice unless the Agency receives adverse comments by July 30, 
2015. If the EPA receives adverse comments, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

VII. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference the North 
Dakota Department of Health rules described in the amendments to 40 CFR 
part 52 set forth below. The 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).

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
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

[[Page 37160]]

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 Clean Air Act; 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).
    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 governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 rule 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).
    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 August 31, 2015. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

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

    Dated: June 9, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
    40 CFR part 52 is amended to read 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.

Subpart JJ--North Dakota

0
2. In Sec.  52.1820, the table in paragraph (d) is amended by revising 
the second entry under ``Milton R. Young Station Unit 1'' and adding a 
new entry for ``Milton R. Young Station Unit 1'' to read as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (d) * * *

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                                                               State
         Name of source             Nature of requirement    effective    EPA approval date      Explanations
                                                                date       and citation \3\
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                                                  * * * * * * *
Milton R. Young Station Unit 1..  Air pollution control         2/23/10  4/6/12, 77 FR 20894
                                   permit to construct for
                                   best available retrofit
                                   technology (BART),
                                   PTC10007.
Milton R. Young Station Unit 1..  SIP Chapter 8, Section         3/1/13  6/30/15, [Insert
                                   8.3.2, Continuous                      Federal Register
                                   Opacity Monitoring for                 citation..
                                   M.R. Young Station Unit
                                   1 Main Boiler.
 
                                                  * * * * * * *
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\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *
[FR Doc. 2015-15533 Filed 6-29-15; 8:45 am]
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