[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Proposed Rules]
[Pages 50591-50593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20497]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0337; FRL-9932-57-Region 4]


Approval and Promulgation of Implementation Plans; Florida; 
Regional Haze Plan Amendment--Lakeland Electric C.D. McIntosh

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State of Florida's March 10, 2015, State Implementation 
Plan (SIP) revision, submitted by the Florida Department of 
Environmental Protection (FDEP). This submittal fulfills Florida's 
commitment to EPA to provide a regional haze SIP revision with a Best 
Available Retrofit Technology (BART) nitrogen oxides (NOX) 
emissions limit for Unit 1 at the Lakeland Electric-C.D. McIntosh Power 
Plant (McIntosh) reflecting best operating practices for good 
combustion. States are required to address the BART provisions of the 
Clean Air Act (CAA or Act) and EPA's regional haze regulations as part 
of a program to prevent any future and remedy any existing 
anthropogenic impairment of visibility in mandatory Class I areas 
(national parks and wilderness areas) caused by emissions of air 
pollutants from numerous sources located over a wide geographic area 
(also referred to as the ``regional haze program'') and to assure 
reasonable progress toward the national goal of achieving natural 
visibility conditions in Class I areas. In this action, EPA proposes to 
approve the BART NOX emissions limit for Unit 1 at McIntosh 
into the Florida SIP.

DATES: Written comments must be received on or before September 21, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID No EPA-R04-
OAR-2015-0337, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0337,'' Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0337. 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 through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
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. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information may not be 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

[[Page 50592]]

materials are available either electronically in www.regulations.gov or 
in hard copy at the Air Regulatory Management Section, Air Planning and 
Implementation 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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Ms. Notarianni can be reached by phone at (404) 562-9031 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On December 10, 2012, EPA proposed to approve the BART and 
reasonable progress determinations for a number of EGUs in Florida as 
part of Florida's regional haze SIP. See 77 FR 73369. In that action, 
EPA proposed approval of Florida's BART determination for emissions 
Units 1 and 2 at McIntosh found subject to BART. On August 29, 2013, 
EPA issued a final, full approval of Florida's regional haze SIP. See 
78 FR 53250. In that final action, EPA approved the BART determination 
for the McIntosh facility, including the determination that the 
existing level of control for NOX at Unit 1, best operating 
practices for good combustion, is the NOX BART control for 
Unit 1. See 78 FR 53263. As described in the August 29, 2013, final 
action, FDEP submitted a letter to EPA dated July 30, 2013, in which 
the State committed to provide EPA with a regional haze SIP revision no 
later than March 19, 2015, the deadline for the State's five-year 
regional haze periodic progress report SIP, that would include a 
NOX BART emissions limit for Unit 1 reflecting best 
operating practices for good combustion.\1\ FDEP also committed to 
modify the title V permit for McIntosh to include this new limit.\2\
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    \1\ In that final action, EPA concluded that it ``is reasonable 
for the State to implement a NOX BART emissions limit for 
Unit 1 upon EPA's approval of the'' five-year regional haze periodic 
progress report ``because of the limited visibility impact of 
NOX emissions from Unit 1 and because the BART limit will 
reflect the existing level of control.'' 78 FR 53263.
    \2\ FDEP's July 30, 2013, commitment letter is located in the 
docket for today's proposed action.
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    To fulfill its commitment in accordance with the July 30, 2013 
letter, the State of Florida submitted a SIP revision dated March 10, 
2015, seeking to revise its regional haze SIP to include a 
NOX BART emissions limit for Unit 1 and the April 30, 2014, 
construction permit establishing this NOX BART emissions 
limit for Unit 1. The permit contains supporting conditions (e.g., 
monitoring requirements) and a condition specifying a schedule for 
McIntosh to apply for a revision to its title V permit to reflect the 
new permit conditions. In this action, EPA proposes to approve 
Florida's March 10, 2015, SIP submittal for the reasons discussed in 
Section II, below.

II. What is EPA's Analysis of Florida's Plan?

    Florida's March 10, 2015, SIP revision seeks to revise the State's 
regional haze SIP to include a NOX BART emissions limit for 
McIntosh Unit 1 and a construction permit (DEP Permit No. 1050004-034-
AC) dated April 30, 2014, for Unit 1 containing this limit. The SIP 
revision and construction permit establish a NOX BART 
emissions limit of 0.46 pounds per million British Thermal Unit (lb/
MMBtu) of heat input on a 30-operating day rolling average for Unit 1 
in accordance with Florida's July 30, 2013, commitment letter and the 
NOX BART control determination. Florida set this limit by 
considering NOX emissions data for Unit 1 from 2001-2003, 
the baseline period used by the State as the basis for its BART 
determination for McIntosh.\3\ The permit states that the limit is 
effective no later than EPA's approval of Florida's March 10, 2015, 
regional haze SIP revision. Compliance with the BART NOX 
emissions limit will be demonstrated with a NOX CEMS that 
must comply with the certification and quality assurance, and other 
applicable requirements of Rule 62-297.520, F.A.C.; 40 CFR 60.13, 
including certification of each device in accordance with 40 CFR part 
60, Appendix B, Performance Specifications and 40 CFR 60.7(a)(5); or 40 
CFR part 75. Quality assurance procedures must conform to all 
applicable sections of 40 CFR part 60, Appendix F or 40 CFR part 75.
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    \3\ See July 22, 2015, email from Preston McLane, FDEP, to 
Lynorae Benjamin, EPA Region 4, located in the docket for today's 
proposed action.
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    The construction permit also sets the deadlines for McIntosh to 
submit an application to revise its title V permit to include the 
NOX BART limit and supporting conditions for Unit 1. Section 
2.8 of the permit states that the ``permittee shall apply for the Title 
V permit revision within 180 days of U.S. EPA's approval of the 
amendment to Florida's Regional Haze State Implementation Plan (SIP).''
    EPA proposes to find that the March 10, 2015, SIP revision 
containing the NOX BART emissions limit and new permit 
conditions for Unit 1 fulfills Florida's commitment to establish a 
NOX BART emissions limit for Unit 1 that reflects best 
operating practices for good combustion and to amend the facility's 
title V permit to include the permit limit and supporting conditions. 
EPA has evaluated the CEMS data reported to EPA's Clean Air Markets 
Division (CAMD) for Unit 1 from 2001-2003 and believes that the 
NOX BART emissions limit is consistent with the 
NOX BART control determination.\4\ Therefore, EPA proposes 
to incorporate the NOX BART limit for Unit 1 and Air Permit 
No. 1050004-034-AC into Florida's regional haze SIP.
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    \4\ The docket for today's proposed action contains the 2001-
2003 CEMS data for Unit 1 from CAMD.
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III. Proposed Action

    EPA is proposing to approve Florida's March 10, 2015, regional haze 
SIP revision and revise the regional haze SIP to include the 
NOX BART emissions limit for Unit 1 described above and the 
April 30, 2014, construction permit containing this limit. EPA is 
proposing to approve Florida's SIP submission because the submission 
meets the applicable regional haze requirements as set forth in the CAA 
and in EPA's regional haze regulations and the applicable requirements 
of section 110 of the CAA. As discussed above, EPA fully approved 
Florida's regional haze SIP on August 29, 2013. Today's action does not 
reopen EPA's final BART control determination for McIntosh Unit 1 or 
any other aspect of EPA's August 29, 2013 final action.

IV. 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. See 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

[[Page 50593]]

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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, 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 as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
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 dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: August 5, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-20497 Filed 8-19-15; 8:45 am]
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