[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Proposed Rules]
[Pages 13256-13260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03988]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2020-0732, FRL-10020-07-Region 10]
Air Plan Approval; WA; Regional Haze Best Available Retrofit
Technology Revision for TransAlta Centralia Generation Plant
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a source-specific State Implementation Plan (SIP) revision
submitted by the Washington State Department of Ecology (Ecology) on
December 18, 2020. The SIP revision makes changes to nitrogen oxide
control requirements for the TransAlta Centralia Generation Plant
(TransAlta). These requirements were established in an order issued to
TransAlta by the state to satisfy the Clean Air Act Best Available
Retrofit Technology Requirements (BART) put in place by Congress to
reduce regional haze and restore visibility in national parks and
wilderness areas. The changes submitted by the state are intended to
improve the operation of pollution control equipment at TransAlta while
continuing to meet BART requirements.
DATES: Comments must be received on or before April 7, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0732 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is
[[Page 13257]]
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
I. Background
Visibility and Regional Haze
Regional haze is air pollution that impairs visibility, including
visual range and/or colorization, across a broad geographic area. The
air pollution sources that contribute to regional haze include but are
not limited to: Industrial sources; cars, trucks and other mobile
sources; and area sources. These source categories emit fine
particulate matter (PM2.5), in addition to precursor gases
such as sulfur dioxide (SO2), nitrogen oxides
(NOX) that form secondary aerosols in the atmosphere.
Atmospheric sulfate, nitrate, organic carbon compounds, elemental
carbon, soil dust, and other compounds impair visibility by scattering
and absorbing light, and reduces clarity, color, and visual range of
visual scenes.
Clean Air Act Requirements
In 1977, Congress added section 169A to the Clean Air Act (CAA or
Act) creating a program to protect visibility in the nation's national
parks and wilderness areas (Class I areas). This section of the CAA
establishes national visibility goals in Class I areas as those goals
relate to manmade air pollution. See CAA section 169A(a)(1). On
December 2, 1980, the EPA promulgated regulations to address visibility
impairment in Class I areas that is ``reasonably attributable'' to a
single source or small group of sources, i.e., ``reasonably
attributable visibility impairment'' (RAVI) (45 FR 80084). These RAVI
regulations represented the first phase in addressing visibility
impairment.
In 1990, Congress added section 169B to the CAA to address regional
haze issues. The EPA promulgated a rule to implement this statutory
requirement on July 1, 1999 (64 FR 35713) (the Regional Haze Rule or
RHR). The RHR revised the existing visibility regulations to integrate
regional haze provisions and to establish a comprehensive visibility
protection program for Class I areas. The requirements for regional
haze, found at 40 CFR 51.308 and 51.309, are included in the EPA's
visibility protection regulations at 40 CFR part 51, subpart P, which
were most recently updated on January 10, 2017 (82 FR 3078).
Pollution Controls
With respect to this proposed action, section 169A of the CAA
directs states to evaluate the use of retrofit controls at certain
larger, often uncontrolled, older stationary sources in order to
address visibility impacts from these sources. Specifically, section
169A(b)(2)(A) of the CAA requires states to revise their SIPs to
contain such measures as may be necessary to make reasonable progress
towards the natural visibility goal, including a requirement that
certain categories of existing major stationary sources built between
1962 and 1977 procure, install, and operate the ``Best Available
Retrofit Technology'' as determined by the state. States are directed
to conduct BART determinations for such sources that may be anticipated
to cause or contribute to any visibility impairment in a Class I area.
To assist states in determining which sources are subject to BART
requirements and what emission limits are appropriate for each subject
source, the EPA published the Guidelines for BART Determinations Under
the Regional Haze Rule at Appendix Y to 40 CFR part 51 (hereinafter
referred to as ``BART Guidelines'') (70 FR 39104, July 6, 2005). In
making a BART applicability determination for existing sources (such as
TransAlta) that fall into certain categories, e.g., fossil fuel-fired
electric generating plants with total generating capacity in excess of
750 megawatts, a state must use the specified approach set forth in the
BART Guidelines. A state is encouraged, but not required, to follow the
BART Guidelines in making BART determinations for other types of
sources. Regardless of source size or type however, a state must meet
the CAA and regulatory requirements for selection of BART, and the
state's BART analysis and determination must be reasonable in light of
the overarching purpose of the regional haze program. States must
address all visibility impairing pollutants emitted by a source in the
BART determination process. The most significant visibility-impairing
pollutants are NOX, SO2, and particulate matter.
The regional haze SIP must include source-specific BART emission limits
and compliance schedules for each source subject to BART.
TransAlta Centralia Generation Plant
TransAlta is a coal-fired electric generation plant located in
Centralia, Washington. The plant, which operates two identical coal-
fired utility steam generating units (BW21 and BW22), has a total
generating capacity in excess of 750 megawatts and is subject to CAA
BART requirements to control emissions of visibility-impairing
pollutants. On June 11, 2003, the EPA approved a revision to the
Washington SIP for visibility which included controls for
NOX, SO2, and particulate matter for TransAlta
(68 FR 34821). In the action, the EPA determined that the prescribed
controls satisfied BART requirements for both SO2 and
particulate matter. We note that the 2003 BART determinations for
SO2 and particulate matter are not at issue in this proposed
action, which focuses only on BART for NOX.
In our 2003 action, the EPA determined that the NOX
controls established for TransAlta, while better than prior controls,
did not represent BART. Subsequently, Ecology issued an administrative
order to TransAlta that, among other things, established a NOx emission
limit of 0.24 pounds per million British thermal units (lb/MMBtu) on
the coal-fired units and coal quality requirements (June 18, 2010, BART
Order 6426). Ecology revised the June 18, 2010 BART Order 6426 on
December 13, 2011 (First Revised BART Order 6426), to incorporate
provisions of a 2011 Memorandum of Agreement (2011 MOA) between
TransAlta and the Governor of the State of Washington. The First
Revised BART Order 6426 and the 2011 MOA are included in the docket for
this action.
The 2011 MOA was negotiated under the statutory provisions of
Revised Code of Washington (RCW) 80.80.100 and focused on greenhouse
gas emission performance standards.
While the greenhouse gas performance standards are outside the
scope of the SIP (which is primarily focused on the control of criteria
pollutants such as particulate matter, NOX, and
SO2), several of the provisions negotiated the 2011 MOA were
incorporated into the First Revised BART Order 6426 because they
provide significant regional haze benefit.
[[Page 13258]]
Specifically, the First Revised BART Order 6426 required selective
noncatalytic reduction (SNCR) to be installed by January 1, 2013. The
First Revised BART Order 6426 also provided that one coal unit must
cease burning coal by December 31, 2020, and the other coal unit cease
burning coal by December 31, 2025, unless Ecology determines that state
or federal law requires selective catalytic reduction (SCR) to be
installed on either unit.\1\ Due to the installation of SNCR, among
other controls, Ecology's First Revised BART Order 6426 established a
more stringent NOX emission limit of 0.21 lb/MMBtu. Ecology
submitted the First Revised BART Order 6426 as a revision to the
regional haze SIP on December 29, 2011. On December 6, 2012, the EPA
approved Ecology's First Revised BART Order 6426 as meeting CAA BART
requirements for NOX control at TransAlta and approved this
order in the Washington SIP (77 FR 72742).
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\1\ On December 31, 2020, as scheduled, TransAlta shut down and
ceased combustion of coal at BW21 (a.k.a. Unit #1). As noted by
TransAlta, BW21 is retired from service. See December 31, 2020 email
in the docket.
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II. Electrostatic Precipitator Fouling and Installation of Combustion
Optimization System With Neural Network
In January 2020, TransAlta requested a change to the First Revised
BART Order 6426 to mitigate fouling of the electrostatic precipitators
at the plant that are used to control particulate matter emissions.
TransAlta stated that the fouling was being caused by ammonia slip from
the SNCR used to control NOX emissions. In the submission
Ecology explained, ``In the summer of 2019, TransAlta experienced
emission opacity readings that would have exceeded the opacity limits
if TransAlta had not reduced plant capacity to compensate. During a
maintenance shut-down of the facility, the electrostatic precipitators
(ESPs) were examined. The ESPs had a visual fouling of all interior
components, which dramatically reduced their efficiency. Samples of the
material in the ESPs were analyzed and identified as ammonia sulfate.
The source of ammonia in the system was from the reactions of urea in
the SNCR system.''
In coordination with Southwest Clean Air Agency (the local clean
air authority) and Ecology, TransAlta installed a computerized emission
control system called a Combustion Optimization System with Neural
Network program (Neural Net) to decrease the ammonia slip in the SNCR.
At the end of calendar year 2019, TransAlta had enough data to
demonstrate that use of the Neural Net system would enable TransAlta to
meet a more stringent 0.18 lb/MMBtu emission standard than the 0.21 lb/
MMBtu required under the First Revised BART Order 6426 for the unit
that remains operational after 2020 (BW21 ceased burning coal on
December 31, 2020 and is now retired from service. Therefore, this
requirement applies to the only remaining unit, BW22).
III. Summary of Revisions to the First Revised BART Order 6426
In response to TransAlta's request, Ecology amended the First
Revised BART Order 6426 on July 29, 2020 in three primary ways: (1)
Reducing the NOX emission limit for the unit equipped with
the Neural Network (2) eliminating unnecessary requirements to prevent
further ESP fouling, and (3) revising the language to align with a 2017
amendment to the 2011 MOA signed between the Governor of Washington and
TransAlta. Because the Neural Net enables TransAlta to maintain a more
stringent NOX emission standard, Ecology eliminated several
requirements from the First Revised BART Order 6426 that were either no
longer necessary or were causing problems with the ESP control device.
Specifically, Ecology: (1) Removed the requirement of a specific urea
injection rate to allow TransAlta to inject urea as needed to meet the
new emission standard; (2) removed the requirement to analyze and
report nitrogen and sulfur coal content, or mandate a specific source
of coal, because the facility would have to meet NOX,
SO2, and particulate matter emission standards regardless of
the coal used, and (3) changed the requirement for ammonia emission
monitoring to require monitoring only when using a urea injection rate
of greater than 1.5 gallons per minute. Ecology retained the
requirement for TransAlta to determine compliance with the
NOX emission limitation by use of a continuous emission
monitoring system meeting the requirements of 40 CFR part 75. As
discussed further in this document, the EPA has reviewed these changes
and we have determined they are reasonable and consistent with BART and
other CAA requirements.
Ecology also updated the First Revised BART Order 6426 to reflect a
July 13, 2017 amendment to the 2011 MOA signed between TransAlta and
the Governor, included in the docket for this action (2017 MOA). The
2017 amendment states that TransAlta shall, ``permanently cease coal-
fired power generation operations of one Boiler in 2020 and the other
Boiler in 2025, which dates are prior to the 2035 end of their expected
useful lives, in each case pursuant to the terms and subject to the
conditions of this MOA.'' This text is now mirrored in the Schedule for
Compliance section of the second revised BART Order 6426 (2020 BART
Order 6426). The 2017 MOA makes clear that TransAlta is not precluded
from the possibility of retrofitting the facility to natural gas, or
other non-coal energy source, as long as it meets the statutory
requirements of Chapter 80.80 RCW.
IV. Evaluation of the Washington SIP Submission
EPA proposes to approve the 2020 BART Order 6426 as meeting BART
for NOX for TransAlta. The 2020 BART Order 6426 is
consistent with the requirements of 40 CFR 51.308(e) and 40 CFR part
51, subpart Y. Specifically, Ecology either retained or strengthened
the NOX emissions limits. Ecology also justified the removal
of certain parametric monitoring and demonstrated that the 2020 BART
Order 6426 remains enforceable as a practical matter. Finally, the
revision to the Schedule for Compliance section does not substantively
change TransAlta's compliance obligations as compared to the First
Revised BART Order 6426. As with the First Revised BART Order 6426, the
2020 BART Order 6426 will have the practical effect of prohibiting coal
burning beyond the specified schedule.
Regarding future repowering of TransAlta with fuels other than
coal, in the submission, Ecology stated with respect to regional haze
that, ``If TransAlta decides to switch to non-coal power generation, a
Notice of Construction application would need to be submitted to
Southwest Clean Air Agency by the company. Ecology would require the
company to do, at a minimum, emissions modeling that would be required
under the BART process to quantify the visibility impacts resulting
from the operation as a natural gas boiler plant (EGU). This is similar
to what we would require of a new power plant to determine if it meets
the requirements of WAC 173-400-117, special protection requirements
for federal Class I areas.'' Ecology further explained, ``Since
TransAlta has not requested repowering at this time, this issue will
not be addressed in this BART order revision.''
The EPA agrees that any non-coal repowering, should TransAlta
submit a Notice of Construction application in the future, is outside
the scope of this current action focused on the improved
[[Page 13259]]
NOX controls. Any future ``new source'' as defined in the
SIP-approved provisions of Southwest Clean Air Agency (SWCAA) 400-
030(77), would need to meet all CAA requirements for protection of the
National Ambient Air Quality Standards (NAAQS) and regional haze.
Specifically, SWCAA 400-030(77) states:
``New source'' means one or more of the following:
(a) The construction or modification of a ``stationary source''
that increases the amount of any air contaminant emitted by such
``stationary source'' or that results in the emission of any air
contaminant not previously emitted;
(b) Any other project that constitutes a ``new source'' under the
Federal Clean Air Act;
(c) Restart of a ``stationary source'' after permanent shutdown;
(d) The installation or construction of a new ``emission unit'';
(e) Relocation of a ``stationary source'' to a new location, except
in the case of portable sources operating under a valid permit as
provided in SWCAA 400-110(6);
(f) Replacement or modification of the burner(s) in a combustion
source; or
(g) Modification of a combustion source to fire a fuel that the
source was not previously capable of firing.
Any ``new source'' as described by the requirements above would
require a separate action, subject to public participation
requirements, under the SIP-approved new source review permitting
provisions of SWCAA 400 or Chapter 173-400 Washington Administrative
Code (WAC) for Prevention of Significant Deterioration (PSD) provisions
implemented directly by Ecology.
V. Proposed Action
The EPA proposes to approve and incorporate by reference into the
Washington SIP the 2020 BART Order 6426 for the TransAlta Centralia
Generation Plant, state effective July 29, 2020.\2\ The EPA is also
proposing to remove from incorporation by reference the First Revised
BART Order 6426 for the TransAlta Centralia Generation Plant, state
effective December 13, 2011.\3\ The EPA proposes to find that the
changes are designed to improve the operation of pollution controls at
the plant and are consistent with regional haze and other CAA
requirements.
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\2\ In the Matter of an Administrative Order Against, TransAlta
Centralia Generation LLC, Second Revision: Order No. 6426, except
the undesignated introductory text, the section titled ``Findings,''
and the undesignated text following condition 9, state effective
July 29, 2020.
\3\ In the Matter of an Administrative Order Against, TransAlta
Centralia Generation LLC, First Revision: Order No. 6426, except the
undesignated introductory text, the section titled ``Findings,'' and
the undesignated text following condition 13, state effective
December 13, 2011.
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VI. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the 2020 BART Order 6246 to TransAlta Centralia Generation
Plant, state effective July 29, 2020, as described in Section III of
this preamble. Also, in this document, the EPA is proposing to remove,
in a final EPA rule, regulatory text that includes incorporation by
reference. In accordance with requirements of 1 CFR 51.5, the EPA is
proposing to remove the incorporation by reference of the first revised
BART Order 6246 to TransAlta Centralia Generation Plant, state-
effective December 13, 2011, as described in Section V of this
preamble. The EPA has made, and will continue to make, these documents
generally available through https://www.regulations.gov and at the EPA
Region 10 Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information).
VII. 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 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 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 the requirements would be inconsistent
with the Clean Air Act; 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 in
Washington except as specifically noted below 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 proposed 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). Washington's SIP is approved to apply on non-trust land
within the exterior boundaries of the Puyallup Indian Reservation, also
known as the 1873 Survey Area. Under the Puyallup Tribe of Indians
Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided
state and local agencies in Washington authority over activities on
non-trust lands within the 1873 Survey Area. Consistent with EPA
policy, the EPA provided a consultation opportunity to the Puyallup
Tribe, and other tribes located in Washington, in a letter dated
September 4, 2020.
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.
Authority: 42 U.S.C. 7401 et seq.
[[Page 13260]]
Dated: February 19, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-03988 Filed 3-5-21; 8:45 am]
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