[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Rules and Regulations]
[Pages 10433-10437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05263]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0607; FRL-9990-72-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Wyoming; Revisions to Regional Haze State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
source-specific revision to the Wyoming State Implementation Plan (SIP) 
that provides an alternative to Best Available Retrofit Technology 
(BART) for Unit 3 at the Naughton Power Plant (``the SIP revision'') 
that is owned and operated by PacifiCorp. The EPA finds that the BART 
alternative for Naughton Unit 3 provides greater reasonable progress 
toward natural visibility conditions than BART in accordance with the 
requirements of section 110 of the Clean Air Act (CAA) and the EPA's 
Regional Haze Rule (RHR). The SIP revision was submitted by the State 
of Wyoming on November 28, 2017.

DATES: This rule is effective on April 22, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0607. All documents in the docket are 
listed on the http://www.regulations.gov website. 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, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For 
Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Aaron Worstell, Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6073, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
November 7, 2018, proposal (83 FR 55656). In that document we proposed 
to approve the SIP revision that provides an alternative to BART for 
Unit 3 at the Naughton Power Plant.
    Comments on the proposed rulemaking were due on or before December 
7, 2018. The EPA received a total of three public comment submissions 
on the proposed approval, including a comment letter from the Wyoming 
Department of Environmental Quality Air Quality Division (AQD). All 
public comments received on this rulemaking action are available for 
review by the public and may be viewed by following the instructions 
for access to docket materials as outlined in the ADDRESSES section of 
this preamble. After reviewing the comments, the EPA has determined 
that one of the comment submissions is outside the scope of our 
proposed action and/or fails to identify any material issue 
necessitating a response. Our responses to the remaining two comment 
submissions are below.

II. Response to Comments

    Comment: In a comment letter dated December 7, 2018, AQD stated 
that it ``agrees with EPA that both the EPA's and Wyoming's analyses 
demonstrate that the emissions reductions achievable through the 
alternative are better-than-BART.'' However, the AQD maintained that 
``given the flexibilities afforded states under the BART Guidelines (70 
FR 39129), the State's use of potential-to-emit emissions in order to 
calculate reductions is permissible.'' The AQD construed ``EPA's use of 
`anticipated annual emission rate' as an EPA policy preference, not a 
requirement.''
    Response: In 2006, the EPA finalized regulations that govern 
alternatives to source-specific BART determinations such as that 
contemplated in the Wyoming SIP revision for Naughton Unit 3.\1\ These 
regulations ``make clear that the emissions reductions that could be 
achieved through implementation of the BART provisions at Sec.  
51.308(e)(1) [for source-by-source BART] serve as the benchmark against 
which States can compare an alternative program.'' \2\ In turn, the 
emissions reductions that could be achieved through source-by-source 
BART are calculated in accordance with the Guidelines for BART 
Determinations Under the Regional Haze Rule.\3\ The BART Guidelines are 
mandatory for powerplants exceeding 750 megawatts such as the Naughton 
Power Plant.\4\ The BART Guidelines specify, in general, that actual 
emissions, rather than potential emissions, should be used to calculate 
the emission reductions from BART. For example, when calculating both 
the baseline and anticipated emissions, and thereby the emission 
reductions, the BART Guidelines state:
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    \1\ 71 FR 60612 (October 13, 2006).
    \2\ Id. at 60615.
    \3\ Appendix Y to 40 CFR part 51.
    \4\ Generator-level information submitted to the U.S. Energy 
Information Agency on form EIA-860 shows a total nameplate capacity 
of 832 megawatts for the three electric generating units at the 
Naughton Plant. See form EIA-860 detailed data located in the 
docket. Note that the engineering analysis supporting the BART 
Guidelines identified affected electric generating units by 
nameplate generating capacity. 70 FR 39104, 39152-53 (July 6, 2005).

    The baseline emissions rate should represent a realistic 
depiction of anticipated annual emissions for the source. In 
general, for the existing sources subject to BART, you will estimate 
the anticipated annual emissions based upon actual emissions from a 
baseline period.\5\
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    \5\ 70 FR 39167 (July 6, 2005) (emphases added).

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In addition, the BART Guidelines state:

    When you project that future operating parameters (e.g., limited 
hours of operation or capacity utilization, type of fuel, raw 
materials or product mix or type) will differ from past practice, 
and if this projection has a deciding effect in the BART 
determination, then you must make these parameters or assumptions 
into enforceable limitations. In the absence of enforceable 
limitations, you calculate baseline emissions based upon 
continuation of past practice.\6\
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    \6\ Ibid.

Wyoming's BART determination for Naughton Unit 3, as approved by the 
EPA in 2014, is comprised of an emission limit of 0.07 lb/MMBtu (30-day 
rolling average) and does not include enforceable limitations that 
would constrain future operating parameters. This reinforces the 
conclusion that baseline emissions for Naughton Unit 3 should be based 
on actual emissions reflective of past practice.
    Finally, note that the citation to the BART Guidelines given by AQD 
(to 70 FR 39129) refers to flexibilities afforded to the states in the 
context of assessing visibility improvements due to potential BART 
controls, and does not speak to whether actual or potential emissions 
should be used to calculate the emission reductions from BART in the 
course of

[[Page 10434]]

a better-than-BART demonstration. Even still, in the context of 
assessing visibility improvements, the BART Guidelines are clear that 
actual, and not allowable, emission rates should be used:

    On the other hand, in the long term, estimating visibility 
impacts based on allowable emission rates for every hour of the year 
may unduly inflate the maximum 24 hour modeled impairment estimate 
from a BART-eligible source. The emissions estimates used in the 
models are intended to reflect steady-state operating conditions 
during periods of high capacity utilization.\7\
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    \7\ Id. at 39129.

    Accordingly, because the BART Guidelines are mandatory for the 
Naughton Power Plant, and in this case require the use of actual 
emissions when calculating BART emission reductions, we disagree that 
the EPA's use of actual annual emissions represents a policy preference 
and that Wyoming's use of potential emissions for that purpose is 
permissible. Nonetheless, as noted by the commenter, the EPA agrees 
that in the case of the Naughton Unit 3 SIP revision, regardless of 
whether the emission reductions achievable with the BART alternative 
are assessed on a projected actual or allowable emissions basis, the 
anticipated NOX emissions are lower under the BART 
alternative than under BART.\8\
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    \8\ The annual NOX emissions limit for the Naughton 
Unit 3 BART alternative of 519 tons/year is lower than the actual 
emission projected with BART by the EPA of 621 tons/year. See 
proposed rule at 83 FR 55646, 55662 (November 7, 2018).
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    Comment: AQD stated that, for the reasons noted in its SIP 
submittal, the AQD continues to maintain that use of an emission limit 
of 0.07 lb/MMBtu (30-day rolling average) is the appropriate BART 
emission limit for comparison purposes instead of EPA's use of an 0.05 
lb/MMBtu emission rate.
    Response: The BART Guidelines state that for EGUs, such as Naughton 
Unit 3, emission limits should specify an averaging time of a 30-day 
rolling average.\9\ In our 2014 final rule, we approved Wyoming's 30-
day rolling average emission limit of 0.07 lb/MMBtu for Naughton Unit 
3.\10\ However, as discussed in the comment response immediately above, 
in this case the BART regulations require that estimated actual 
emissions should be used when comparing the emission reductions from 
BART to those from a BART alternative. Therefore, it is necessary to 
adjust the 30-day rolling average emission limit (lb/MMbtu) to an 
actual annual (lb/MMBtu) basis for this purpose. The former value will 
necessarily be higher than the latter value because of (1) the shorter 
averaging period, and (2) a margin for compliance. The need to adjust 
between the two values was discussed in the EPA's 2014 final rule 
approving the BART determination for Naughton Unit 3.\11\ The need to 
adjust between these two values has also been recognized by other 
states (e.g., Colorado and North Dakota) in their regional haze SIPs 
that have been approved by the EPA.\12\ \13\ In addition, the 
relationship between the two values can be observed at other BART 
sources where selective catalytic reduction (SCR) has been installed 
and is subject to a 30-day rolling average emission limit of 0.07 lb/
MMBtu. For example, as discussed in our proposed rule, Units 3 and 4 at 
the Jim Bridger Power Plant, which are subject to a 30-day rolling 
average emission limit of 0.07 lb/MMBtu, are achieving actual annual 
emissions rates of approximately 0.05 lb/MMBtu.\14\ For these reasons, 
we find that an estimated actual annual emission rate of 0.05 lb/MMBtu 
appropriately corresponds to the emission limit of 0.07 lb/MMBtu on a 
30-day rolling average for Naughton Unit 3.
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    \9\ 70 FR 39172 (July 6, 2005).
    \10\ 79 FR 5032, 5045-56 (January 30, 2014).
    \11\ Id. at 5167.
    \12\ Colorado Visibility and Regional Haze State Implementation 
Plan for the Twelve Mandatory Class I Federal Areas in Colorado, 
Colorado Air Pollution Control Division, pages 132 and 145, adopted 
January 7, 2011. Also, see Appendix C: Technical Support Documents 
for BART Determinations.
    \13\ North Dakota State Implementation Plan for Regional Haze, 
North Dakota Department of Health, adopted February 24, 2010. See 
Appendix B: Department BART Determinations for Subject-to-BART 
Sources in North Dakota.
    \14\ 83 FR 55656, 55662 (November 7, 2018).
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    Comment: One commenter expressed support for the EPA's proposed 
approval of the SIP revision which would result in the transition of 
Naughton Unit 3 from coal to natural gas. The commenter stated that 
``natural gas is cleaner and more sustainable for our future, and 
therefore a public benefit.'' The commenter also stated that 
``PacifiCorp will have to modernize their coal combustion power plants 
at some point regardless.''
    Response: We acknowledge the commenter's support for our proposed 
approval of the SIP revision for Naughton Unit 3.

III. Final Action

    In this action, the EPA is approving Wyoming's SIP revision for the 
Alternative to BART for NOX and PM for PacifiCorp Naughton 
Unit 3, including the associated emission and operational limitations, 
compliance dates, and monitoring, record keeping and reporting 
requirements. Specifically, the EPA is approving the following 
federally enforceable elements of the SIP revision for Naughton Unit 3:
     The NOX and PM emission limits found in Wyoming 
air quality permits MD-15946 (condition 5, lb/hr and tons/year) and 
P0021110 (condition 7, lb/MMbtu), as shown in the table below.

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                Pollutant                          lb/MMBtu                      lb/hr               tons/year
----------------------------------------------------------------------------------------------------------------
NOX.....................................  0.12 (30-day rolling        250.0 (30-day rolling)....           519.0
                                           average).
PM/PM 10\a\.............................  0.008 \b\.................  30.0 \b\..................            52.0
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\a\ Total PM/PM10.
\b\ Averaging period is one hour as determined by 40 CFR 60.46 and an applicable Reference Test Method.

     The operational limit on annual heat input of 12,964,800 
MMBtu (based on 12-month rolling average of hourly heat input values) 
found in Wyoming air quality permit P0021110 (condition 18).
     The compliance dates found in Wyoming air quality permit 
P0021110; specifically including that PacifiCorp shall (1) remove the 
coal pulverizers from service (cease firing coal) by January 30, 2019 
(P0021110, condition 19), (2) comply with the NOX and PM 
emission limits in lb/MMBtu upon conversion to natural gas firing 
(P0021110, condition 7), and (3) comply with the heat input limit by 
January 30, 2019 (P0021110, condition 18).
     The compliance dates found in Wyoming air quality permit 
MD-15946 (conditions 5 and 6), requiring that PacifiCorp comply with 
the NOX and PM emission limits in lb/hr and tons/year upon 
completion of the initial performance tests.
     The monitoring, record keeping and reporting requirements 
found in air

[[Page 10435]]

quality permit P0021110 (NOX CEMs, conditions 8 and 9; heat 
input, condition 18; PM stack testing, condition 10; reporting, 
conditions 4, 11, 12, 13, 14, 19; record keeping, condition 17; 
notification, conditions 4 and 6; good practice, condition 21; credible 
evidence, condition 24).

IV. Incorporation by Reference

    In this document, 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 of the 
SIP amendments described in section III of this preamble. The EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and at the EPA Region 8 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by the EPA for inclusion in the SIP, have 
been incorporated by reference by the EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of the EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\15\
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    \15\ 62 FR 27968 (May 22, 1997).
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V. 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, 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 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, 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 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).

In addition, the SIP is not approved to apply on any Indian reservation 
land or 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 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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, the EPA is not 
required to submit a rule report regarding this action under section 
801.
    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 20, 2019. 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, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 15, 2019.
Douglas Benevento,
Regional Administrator, EPA Region 8.

    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 ZZ--Wyoming

0
2. Section 52.2620 is amended by adding to the table in paragraph (d) 
an entry for ``Naughton Unit 3'' at the end of the table; and by adding 
to the table in paragraph (e), in numerical order, an entry for ``(32) 
XXXII'' to read as follows:


Sec.  52.2620  Identification of plan.

* * * * *
    (d) * * *

[[Page 10436]]



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                                                                State effective
            Regulation                     Rule title                 date         EPA  effective date      Final rule citation/date                             Comments
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                                                                                          * * * * * * *
Naughton Unit 3..................  Air Quality SIP Permits    November 28, 2017..  April 22, 2019.      [Federal Register CITATION]       Only the following permit provisions: NOX and PM
                                    containing BART                                                      [Federal Register 3/21/19].       emission limits (MD-15946 condition 5, for lb/hr and
                                    Alternative                                                                                            tons/year emission limits; P0021110, condition 7, for
                                    requirements, MD-15946                                                                                 lb/MMbtu emission limits); emission limit compliance
                                    and P0021110.                                                                                          dates (P0021110, condition 7; MD-15946, conditions 5
                                                                                                                                           and 6); heat input limit and compliance date
                                                                                                                                           (P0021110, condition 18); compliance date for coal
                                                                                                                                           pulverizers to be removed from service (P0021110,
                                                                                                                                           condition 19); and associated monitoring,
                                                                                                                                           recordkeeping, and reporting requirements (P0021110,
                                                                                                                                           conditions 4, 6, 8, 9, 10, 11, 12, 13, 14, 17, 18,
                                                                                                                                           19, 21, and 24).
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    (e) * * *

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                                                                State effective
             Rule No.                      Rule title                 date          EPA Effective date      Final rule/ citation date                            Comments
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                                                                                          * * * * * * *
(32) XXXII.......................  Wyoming State              November 28, 2017..  April 22, 2019.      [Federal Register citation],      Only includes Appendix B: Alternative to BART for NOX
                                    Implementation Plan 5-                                               [Federal Register 3/21/19].       and PM for PacifiCorp Naughton Unit 3.
                                    Year Progress Report for
                                    Regional Haze, Appendix
                                    B: Alternative to BART
                                    for NOX and PM for
                                    PacifiCorp Naughton Unit
                                    3.
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0
3. Section 52.2636 is amended by revising paragraph (a)(1)(vii) and 
Table 1 to Sec.  52.2636 in paragraph (c)(1) to read as follows:


Sec.  52.2636  Implementation plan for regional haze.

    (a) * * *
    (1) * * *
    (vii) PacifiCorp Naughton Power Plant Units 1 and 2 (PM and 
NOX); and
* * * * *
    (c) * * *
    (1) * * *

                        Table 1 to Sec.   52.2636
 [Emission limits for BART units for which EPA approved the State's BART
                 and Reasonable Progress determinations]
------------------------------------------------------------------------
                                                           NOX emission
                                                           limits-- lb/
                                            PM emission    MMBtu (30-day
          Source name/BART unit            limits-- lb/       rolling
                                               MMBtu         average)
 
------------------------------------------------------------------------
FMC Westvaco Trona Plant/Unit NS-1A.....            0.05            0.35
FMC Westvaco Trona Plant/Unit NS-1B.....            0.05            0.35
TATA Chemicals Partners (General                    0.09            0.28
 Chemical) Green River Trona Plant/
 Boiler C...............................
TATA Chemicals Partners (General                    0.09            0.28
 Chemical) Green River Trona Plant/
 Boiler D...............................
Basin Electric Power Cooperative Laramie            0.03             N/A
 River Station/Unit 1...................
Basin Electric Power Cooperative Laramie            0.03             N/A
 River Station/Unit 2...................
Basin Electric Power Cooperative Laramie            0.03             N/A
 River Station/Unit 3...................
PacifiCorp Dave Johnston Power Plant/              0.015             N/A
 Unit 3.................................
PacifiCorp Dave Johnston Power Plant/              0.015            0.15
 Unit 4.................................
PacifiCorp Jim Bridger Power Plant/Unit             0.03       0.26/0.07
 1 \1\..................................
PacifiCorp Jim Bridger Power Plant/Unit             0.03       0.26/0.07
 2 \1\..................................
PacifiCorp Jim Bridger Power Plant/Unit             0.03       0.26/0.07
 3 \1\..................................
PacifiCorp Jim Bridger Power Plant/Unit             0.03       0.26/0.07
 4 \1\..................................
PacifiCorp Naughton Power Plant/Unit 1..            0.04            0.26
PacifiCorp Naughton Power Plant/Unit 2..            0.04            0.26
PacifiCorp Wyodak Power Plant/Unit 1....           0.015             N/A
------------------------------------------------------------------------
\1\ The owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3,
  and 4 shall comply with the NOX emission limit for BART of 0.26 lb/
  MMBtu and PM emission limit for BART of 0.03 lb/MMBtu and other
  requirements of this section by March 4, 2019. The owners and
  operators of PacifiCorp Jim Bridger Units 1, 2, 3 and 4 shall comply
  with the NOX emission limit for reasonable progress of 0.07 lb/MMBtu
  by: December 31, 2022, for Unit 1, December 31, 2021, for Unit 2,
  December 31, 2015, for Unit 3, and December 31, 2016, for Unit 4.


[[Page 10437]]

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[FR Doc. 2019-05263 Filed 3-20-19; 8:45 am]
 BILLING CODE 6560-50-P