[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Rules and Regulations]
[Pages 36752-36755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16266]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0001; FRL-9981-50-Region 10]


Air Plan Approval; Washington; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the regional haze State Implementation Plan (SIP) submitted 
by Washington on November 6, 2017. Washington submitted its Regional 
Haze Progress Report (``progress report'' or ``report'') and a negative 
declaration stating that further revision of the existing regional haze 
SIP is not needed at this time.

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Washington submitted both the progress report and the negative 
declaration in the form of implementation plan revisions as required by 
federal regulations. The progress report addresses the federal Regional 
Haze Rule requirements under the Clean Air Act to submit a report 
describing progress in achieving reasonable progress goals established 
for regional haze and a determination of the adequacy of the state's 
existing plan addressing regional haze.

DATES: This final rule is effective August 30, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2018-0001. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information the disclosure of which is restricted by statute. 
Certain other material, such as copyrighted material, is not placed on 
the internet and is publicly available only in hard copy form. Publicly 
available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.

I. Background Information

    On May 31, 2018, the EPA proposed to approve Washington's Regional 
Haze Progress Report (83 FR 24954). An explanation of the Clean Air Act 
requirements, a detailed analysis of the submittal, and the EPA's 
reasons for proposing approval were provided in the notice of proposed 
rulemaking, and will not be restated here. The public comment period 
for the proposal ended July 2, 2018.

II. Response to Comments

    We received six comments on the rulemaking. After reviewing the 
comments, we have determined that four of the comments are outside the 
scope of our proposed action and fail to identify any material issue 
necessitating a response. The fifth and sixth comments, submitted by 
TransAlta Centralia Generation LLC (TransAlta) and an anonymous 
commenter, are described below.
    Comment 0012: In its comment, TransAlta stated: ``We write to 
comment on the future operations of TransAlta's Centralia Power Plant 
in the Regional Haze 5-Year Progress Report. The Progress Report and 
its supporting documents describe the `retirement' or `closure' of 
TransAlta's Centralia Power Plant in reference to reducing emissions 
and impacts. However, TransAlta and a number of other parties have 
always anticipated that when the Centralia Power Plant ceases coal-
fired operations, it would likely convert one or both boilers to use 
gas instead of coal. Rather than shuttering the plant, TransAlta 
envisions retrofitting the facility to accommodate fuel-switching to 
natural gas as a means to supply power for Washington State until 
renewable energy is reliably sufficient. TransAlta estimates a 
reduction in emissions as a result of this fuel-switching, but does not 
anticipate ceasing operations or closing the Centralia Power Plant.'' 
TransAlta then requested that the EPA make specific wording changes to 
the narrative text of the state's progress report, and supporting 
documents, to reflect this position.
    Comment 0013: Purportedly in response to TransAlta's Comment 0012, 
an anonymous commenter stated: ``The agreement to close a plant means 
that it is CLOSED. The last minute attempt to re-engineer the plant to 
burn a different type of fossil fuel is a contradiction of the plan.''
    Response: Under the Clean Air Act the EPA has the authority to 
approve or disapprove SIP revisions submitted by the states. We do not 
have the authority to modify the narrative text of state submissions, 
or supporting documents, other than disapproval or partial disapproval. 
To the extent TransAlta believes that Washington's narrative 
description of the existing best available retrofit technology (BART) 
Order 6426 (order) is ambiguous or incorrect regarding facility 
operation after 2020 and 2025, this comment could have been submitted 
during the state public comment period. In reviewing Appendix G. 
Ecology's Responses to Comments Received during the Public Comment 
Period, we see no evidence of TransAlta requesting changes or 
commenting on this issue during the state public comment period.\1\
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    \1\ The EPA was sent a copy of TransAlta's December 13, 2017, 
letter with similar comments. This letter was written after the 
state public comment period closed on August 1, 2017, and also after 
submission of the SIP revision to the EPA on November 6, 2017.
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    As discussed in the proposal for this action, the primary purpose 
of the progress report is to evaluate whether the existing regional 
haze plan is adequate for meeting the reasonable progress goals (RPGs) 
established for the first regional haze planning period, ending in 
2018. The TransAlta BART order, as approved into the SIP states, ``Coal 
units BW21 and BW22 will permanently cease burning coal and be 
decommissioned as follows: (4.1) One coal fired unit must permanently 
cease burning coal no later than December 31, 2020. (4.2) The second 
coal fired unit must permanently cease burning coal no later than 
December 31, 2025.'' To the extent that TransAlta and Washington may or 
may not agree about the interpretation of these conditions as they 
relate to potential future revisions to the BART order, potential 
future changes under the new source review program, or potential use of 
the facility beyond 2020 and 2025, we note these issues are outside the 
scope of this action evaluating progress during the first planning 
period. We encourage TransAlta to resolve these issues directly with 
Washington as the state develops the regional haze update for the next 
planning period (2018-2028). In the interim, we do not believe this 
comment constitutes a sufficient basis for disapproving or partially 
disapproving Washington's progress report. As stated in our proposed 
approval of Washington's Regional Haze Progress Report, the progress 
report contained the information required by 40 CFR 51.308 and 
demonstrated that Washington is meeting or exceeding all reasonable 
progress goals for all Class I areas within Washington's borders, and 
implementation of the regional haze SIP has enabled other nearby states 
to meet RPGs for Class I areas where Washington sources are reasonably 
anticipated to contribute to visibility impairment. In addition, 
Washington's progress report contained an assessment of the status of 
all measures included in the SIP that were implemented during the first 
planning period, such as compliance with the BART emission limit for 
nitrogen oxides at TransAlta's Centralia Power Plant. Therefore, our 
position remains that the appropriate action is to approve Washington's 
Regional Haze Progress Report.

III. Final Action

    The EPA is approving the Washington Regional Haze Progress Report, 
submitted on November 6, 2017, as meeting the applicable requirements 
of the Clean Air Act and the federal Regional Haze Rule, as set forth 
in 40 CFR 51.308(g). The EPA is also approving Washington's 
determination that the existing regional haze SIP is

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adequate to meet the state's visibility goals established for the first 
planning period and requires no substantive revision at this time, as 
set forth in 40 CFR 51.308(h). We have also determined that Washington 
fulfilled the requirements in 40 CFR 51.308(i) regarding state 
coordination with Federal Land Managers.

IV. 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 Clean Air Act 
and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the 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 Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because actions such as SIP approvals are 
exempted under Executive Order 12866;
     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 this action does not involve technical standards; and
     does not provide the 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 and 
is also not approved to apply in any other area where the 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).
    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. The 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).
    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 October 1, 2018. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 23, 2018.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 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.

Subpart WW--Washington

0
2. In Sec.  52.2470(e), amend table 2 by adding the entry ``Regional 
Haze Progress Report'' after the entry ``Regional Haze State 
Implementation Plan--BP Cherry Point Refinery BART Revision'' to read 
as follows:


Sec.  52.2470   Identification of plan.

* * * * *
    (e) * * *

                                Table 2--Attainment, Maintenance, and Other Plans
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                                                                 State
     Name of SIP provision         Applicable geographic or    submittal    EPA approval date     Explanations
                                      nonattainment area          date
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* * * * * * *
Regional Haze Progress Report..  Statewide..................    11/6/2017  7/31/2018, [Insert
                                                                            Federal Register
                                                                            citation].
 
* * * * * * *
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[FR Doc. 2018-16266 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P