80_FR_50752 80 FR 50591 - Approval and Promulgation of Implementation Plans; Florida; Regional Haze Plan Amendment-Lakeland Electric C.D. McIntosh

80 FR 50591 - Approval and Promulgation of Implementation Plans; Florida; Regional Haze Plan Amendment-Lakeland Electric C.D. McIntosh

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 161 (August 20, 2015)

Page Range50591-50593
FR Document2015-20497

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 (NO<INF>X</INF>) 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 NO<INF>X</INF> emissions limit for Unit 1 at McIntosh into the Florida SIP.

Federal Register, Volume 80 Issue 161 (Thursday, August 20, 2015)
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Proposed Rules]
[Pages 50591-50593]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \4\ The docket for today's proposed action contains the 2001-
2003 CEMS data for Unit 1 from CAMD.
---------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Proposed Rules                                          50591

                                                deliveries of boxed information. The                    ENVIRONMENTAL PROTECTION                                 5. Hand Delivery or Courier: Lynorae
                                                Regional Office official hours of                       AGENCY                                                Benjamin, Chief, Air Regulatory
                                                business are Monday through Friday,                                                                           Management Section, Air Planning and
                                                8:30 a.m. to 4:30 p.m., excluding                       40 CFR Part 52                                        Implementation Branch, Air, Pesticides
                                                Federal holidays.                                       [EPA–R04–OAR–2015–0337; FRL–9932–57–                  and Toxics Management Division, U.S.
                                                                                                        Region 4]                                             Environmental Protection Agency,
                                                   Please see the direct final rule which
                                                                                                                                                              Region 4, 61 Forsyth Street SW.,
                                                is located in the Final Rules section of                Approval and Promulgation of                          Atlanta, Georgia 30303–8960. Such
                                                this Federal Register for detailed                      Implementation Plans; Florida;                        deliveries are only accepted during the
                                                instructions on how to submit                           Regional Haze Plan Amendment—                         Regional Office’s normal hours of
                                                comments.                                               Lakeland Electric C.D. McIntosh                       operation. The Regional Office’s official
                                                                                                                                                              hours of business are Monday through
                                                FOR FURTHER INFORMATION CONTACT:                        AGENCY:  Environmental Protection                     Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                Carolyn Persoon, Environmental                          Agency.                                               Federal holidays.
                                                Engineer, Control Strategies Section, Air               ACTION: Proposed rule.                                   Instructions: Direct your comments to
                                                Programs Branch (AR–18J),                                                                                     Docket ID No. EPA–R04–OAR–2015–
                                                Environmental Protection Agency,                        SUMMARY:    The Environmental Protection
                                                                                                        Agency (EPA) is proposing to approve                  0337. EPA’s policy is that all comments
                                                Region 5, 77 West Jackson Boulevard,                                                                          received will be included in the public
                                                Chicago, Illinois 60604, (312) 353–8290,                the State of Florida’s March 10, 2015,
                                                                                                        State Implementation Plan (SIP)                       docket without change and may be
                                                persoon.carolyn@epa.gov.                                                                                      made available online at
                                                                                                        revision, submitted by the Florida
                                                SUPPLEMENTARY INFORMATION:       In the                 Department of Environmental Protection                www.regulations.gov, including any
                                                                                                        (FDEP). This submittal fulfills Florida’s             personal information provided, unless
                                                Final Rules section of this Federal
                                                                                                        commitment to EPA to provide a                        the comment includes information
                                                Register, EPA is approving the state’s
                                                                                                        regional haze SIP revision with a Best                claimed to be Confidential Business
                                                SIP submittal as a direct final rule                                                                          Information (CBI) or other information
                                                without prior proposal because the                      Available Retrofit Technology (BART)
                                                                                                        nitrogen oxides (NOX) emissions limit                 whose disclosure is restricted by statute.
                                                Agency views this as a noncontroversial                                                                       Do not submit through
                                                submittal and anticipates no adverse                    for Unit 1 at the Lakeland Electric–C.D.
                                                                                                        McIntosh Power Plant (McIntosh)                       www.regulations.gov or email,
                                                comments. A detailed rationale for the                                                                        information that you consider to be CBI
                                                approval is set forth in the direct final               reflecting best operating practices for
                                                                                                        good combustion. States are required to               or otherwise protected. The
                                                rule. If no adverse comments are                                                                              www.regulations.gov Web site is an
                                                                                                        address the BART provisions of the
                                                received in response to this rule, no                                                                         ‘‘anonymous access’’ system, which
                                                                                                        Clean Air Act (CAA or Act) and EPA’s
                                                further activity is contemplated. If EPA                                                                      means EPA will not know your identity
                                                                                                        regional haze regulations as part of a
                                                receives adverse comments, the direct                                                                         or contact information unless you
                                                                                                        program to prevent any future and
                                                final rule will be withdrawn and all                                                                          provide it in the body of your comment.
                                                                                                        remedy any existing anthropogenic
                                                public comments received will be                                                                              If you send an email comment directly
                                                                                                        impairment of visibility in mandatory
                                                addressed in a subsequent final rule                                                                          to EPA without going through
                                                                                                        Class I areas (national parks and
                                                based on this proposed rule. EPA will                                                                         www.regulations.gov, your email
                                                                                                        wilderness areas) caused by emissions
                                                not institute a second comment period.                                                                        address will be automatically captured
                                                                                                        of air pollutants from numerous sources
                                                Any parties interested in commenting                                                                          and included as part of the comment
                                                                                                        located over a wide geographic area                   that is placed in the public docket and
                                                on this action should do so at this time.               (also referred to as the ‘‘regional haze              made available on the Internet. If you
                                                Please note that if EPA receives adverse                program’’) and to assure reasonable                   submit an electronic comment, EPA
                                                comment on an amendment, paragraph,                     progress toward the national goal of                  recommends that you include your
                                                or section of this rule and if that                     achieving natural visibility conditions               name and other contact information in
                                                provision may be severed from the                       in Class I areas. In this action, EPA                 the body of your comment and with any
                                                remainder of the rule, EPA may adopt                    proposes to approve the BART NOX                      disk or CD–ROM you submit. If EPA
                                                as final those provisions of the rule that              emissions limit for Unit 1 at McIntosh                cannot read your comment due to
                                                are not the subject of an adverse                       into the Florida SIP.                                 technical difficulties and cannot contact
                                                comment. For additional information,                    DATES: Written comments must be                       you for clarification, EPA may not be
                                                see the direct final rule which is located              received on or before September 21,                   able to consider your comment.
                                                in the Rules section of this Federal                    2015.                                                 Electronic files should avoid the use of
                                                Register.                                               ADDRESSES: Submit your comments,                      special characters, any form of
                                                  Dated: August 3, 2015.                                identified by Docket ID No EPA–R04–                   encryption, and be free of any defects or
                                                                                                        OAR–2015–0337, by one of the                          viruses. For additional information
                                                Susan Hedman,
                                                                                                        following methods:                                    about EPA’s public docket visit the EPA
                                                Regional Administrator, Region 5.                          1. www.regulations.gov: Follow the                 Docket Center homepage at http://
                                                [FR Doc. 2015–20529 Filed 8–19–15; 8:45 am]             on-line instructions for submitting                   www.epa.gov/epahome/dockets.htm.
                                                BILLING CODE 6560–50–P                                  comments.                                                Docket: All documents in the
                                                                                                           2. Email: R4-ARMS@epa.gov.                         electronic docket are listed in the
                                                                                                           3. Fax: (404) 562–9019.                            www.regulations.gov index. Although
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                           4. Mail: ‘‘EPA–R04–OAR–2015–                       listed in the index, some information
                                                                                                        0337,’’ Air Regulatory Management                     may not be publicly available, i.e., CBI
                                                                                                        Section, Air Planning and                             or other information whose disclosure is
                                                                                                        Implementation Branch, Air, Pesticides                restricted by statute. Certain other
                                                                                                        and Toxics Management Division, U.S.                  material, such as copyrighted material,
                                                                                                        Environmental Protection Agency,                      is not placed on the Internet and will be
                                                                                                        Region 4, 61 Forsyth Street SW.,                      publicly available only in hard copy
                                                                                                        Atlanta, Georgia 30303–8960.                          form. Publicly available docket


                                           VerDate Sep<11>2014   16:21 Aug 19, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\20AUP1.SGM   20AUP1


                                                50592                  Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Proposed Rules

                                                materials are available either                           modify the title V permit for McIntosh               include the NOX BART limit and
                                                electronically in www.regulations.gov or                 to include this new limit.2                          supporting conditions for Unit 1.
                                                in hard copy at the Air Regulatory                          To fulfill its commitment in                      Section 2.8 of the permit states that the
                                                Management Section, Air Planning and                     accordance with the July 30, 2013 letter,            ‘‘permittee shall apply for the Title V
                                                Implementation Branch, Air, Pesticides                   the State of Florida submitted a SIP                 permit revision within 180 days of U.S.
                                                and Toxics Management Division, U.S.                     revision dated March 10, 2015, seeking               EPA’s approval of the amendment to
                                                Environmental Protection Agency,                         to revise its regional haze SIP to include           Florida’s Regional Haze State
                                                Region 4, 61 Forsyth Street SW.,                         a NOX BART emissions limit for Unit 1                Implementation Plan (SIP).’’
                                                Atlanta, Georgia 30303–8960. EPA                         and the April 30, 2014, construction                    EPA proposes to find that the March
                                                requests that if at all possible, you                    permit establishing this NOX BART                    10, 2015, SIP revision containing the
                                                contact the person listed in the FOR                     emissions limit for Unit 1. The permit               NOX BART emissions limit and new
                                                FURTHER INFORMATION CONTACT section to                   contains supporting conditions (e.g.,                permit conditions for Unit 1 fulfills
                                                schedule your inspection. The Regional                   monitoring requirements) and a                       Florida’s commitment to establish a
                                                Office’s official hours of business are                  condition specifying a schedule for                  NOX BART emissions limit for Unit 1
                                                Monday through Friday, 8:30 a.m. to                      McIntosh to apply for a revision to its              that reflects best operating practices for
                                                4:30 p.m., excluding Federal holidays.                   title V permit to reflect the new permit             good combustion and to amend the
                                                                                                         conditions. In this action, EPA proposes             facility’s title V permit to include the
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                         to approve Florida’s March 10, 2015,                 permit limit and supporting conditions.
                                                Michele Notarianni, Air Regulatory
                                                                                                         SIP submittal for the reasons discussed              EPA has evaluated the CEMS data
                                                Management Section, Air Planning and
                                                                                                         in Section II, below.                                reported to EPA’s Clean Air Markets
                                                Implementation Branch, Air, Pesticides
                                                and Toxics Management Division, U.S.                     II. What is EPA’s Analysis of Florida’s              Division (CAMD) for Unit 1 from 2001–
                                                Environmental Protection Agency,                         Plan?                                                2003 and believes that the NOX BART
                                                Region 4, 61 Forsyth Street SW.,                            Florida’s March 10, 2015, SIP revision            emissions limit is consistent with the
                                                Atlanta, Georgia 30303–8960. Ms.                         seeks to revise the State’s regional haze            NOX BART control determination.4
                                                Notarianni can be reached by phone at                    SIP to include a NOX BART emissions                  Therefore, EPA proposes to incorporate
                                                (404) 562–9031 or via electronic mail at                 limit for McIntosh Unit 1 and a                      the NOX BART limit for Unit 1 and Air
                                                notarianni.michele@epa.gov.                              construction permit (DEP Permit No.                  Permit No. 1050004–034–AC into
                                                SUPPLEMENTARY INFORMATION:                               1050004–034–AC) dated April 30, 2014,                Florida’s regional haze SIP.
                                                                                                         for Unit 1 containing this limit. The SIP            III. Proposed Action
                                                I. Background and Overview                               revision and construction permit
                                                   On December 10, 2012, EPA proposed                    establish a NOX BART emissions limit                   EPA is proposing to approve Florida’s
                                                to approve the BART and reasonable                       of 0.46 pounds per million British                   March 10, 2015, regional haze SIP
                                                progress determinations for a number of                  Thermal Unit (lb/MMBtu) of heat input                revision and revise the regional haze SIP
                                                EGUs in Florida as part of Florida’s                     on a 30-operating day rolling average for            to include the NOX BART emissions
                                                regional haze SIP. See 77 FR 73369. In                   Unit 1 in accordance with Florida’s July             limit for Unit 1 described above and the
                                                that action, EPA proposed approval of                    30, 2013, commitment letter and the                  April 30, 2014, construction permit
                                                Florida’s BART determination for                         NOX BART control determination.                      containing this limit. EPA is proposing
                                                emissions Units 1 and 2 at McIntosh                      Florida set this limit by considering                to approve Florida’s SIP submission
                                                found subject to BART. On August 29,                     NOX emissions data for Unit 1 from                   because the submission meets the
                                                2013, EPA issued a final, full approval                  2001–2003, the baseline period used by               applicable regional haze requirements
                                                of Florida’s regional haze SIP. See 78 FR                the State as the basis for its BART                  as set forth in the CAA and in EPA’s
                                                53250. In that final action, EPA                         determination for McIntosh.3 The                     regional haze regulations and the
                                                approved the BART determination for                      permit states that the limit is effective            applicable requirements of section 110
                                                the McIntosh facility, including the                     no later than EPA’s approval of Florida’s            of the CAA. As discussed above, EPA
                                                determination that the existing level of                 March 10, 2015, regional haze SIP                    fully approved Florida’s regional haze
                                                control for NOX at Unit 1, best operating                revision. Compliance with the BART                   SIP on August 29, 2013. Today’s action
                                                practices for good combustion, is the                    NOX emissions limit will be                          does not reopen EPA’s final BART
                                                NOX BART control for Unit 1. See 78 FR                   demonstrated with a NOX CEMS that                    control determination for McIntosh Unit
                                                53263. As described in the August 29,                    must comply with the certification and               1 or any other aspect of EPA’s August
                                                2013, final action, FDEP submitted a                     quality assurance, and other applicable              29, 2013 final action.
                                                letter to EPA dated July 30, 2013, in                    requirements of Rule 62–297.520,
                                                                                                                                                              IV. Statutory and Executive Order
                                                which the State committed to provide                     F.A.C.; 40 CFR 60.13, including
                                                                                                                                                              Reviews
                                                EPA with a regional haze SIP revision                    certification of each device in
                                                no later than March 19, 2015, the                        accordance with 40 CFR part 60,                        Under the CAA, the Administrator is
                                                deadline for the State’s five-year                       Appendix B, Performance Specifications               required to approve a SIP submission
                                                regional haze periodic progress report                   and 40 CFR 60.7(a)(5); or 40 CFR part                that complies with the provisions of the
                                                SIP, that would include a NOX BART                       75. Quality assurance procedures must                Act and applicable Federal regulations.
                                                emissions limit for Unit 1 reflecting best               conform to all applicable sections of 40             See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                operating practices for good                             CFR part 60, Appendix F or 40 CFR part               Thus, in reviewing SIP submissions,
                                                combustion.1 FDEP also committed to                      75.                                                  EPA’s role is to approve state choices,
                                                                                                            The construction permit also sets the
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                                                                                                                                                              provided that they meet the criteria of
                                                   1 In that final action, EPA concluded that it ‘‘is
                                                                                                         deadlines for McIntosh to submit an                  the CAA. Accordingly, this proposed
                                                reasonable for the State to implement a NOX BART         application to revise its title V permit to          action merely approves state law as
                                                emissions limit for Unit 1 upon EPA’s approval of                                                             meeting Federal requirements and does
                                                the’’ five-year regional haze periodic progress report     2 FDEP’s July 30, 2013, commitment letter is
                                                                                                                                                              not impose additional requirements
                                                ‘‘because of the limited visibility impact of NOX        located in the docket for today’s proposed action.
                                                emissions from Unit 1 and because the BART limit           3 See July 22, 2015, email from Preston McLane,

                                                will reflect the existing level of control.’’ 78 FR      FDEP, to Lynorae Benjamin, EPA Region 4, located       4 The docket for today’s proposed action contains

                                                53263.                                                   in the docket for today’s proposed action.           the 2001–2003 CEMS data for Unit 1 from CAMD.



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                                                                      Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Proposed Rules                                          50593

                                                beyond those imposed by state law. For                    Dated: August 5, 2015.                              confirmation that DOT received your
                                                that reason, this proposed action:                      Heather McTeer Toney,                                 comments, include a self-addressed,
                                                   • Is not a significant regulatory action             Regional Administrator, Region 4.                     stamped postcard. All comments
                                                subject to review by the Office of                      [FR Doc. 2015–20497 Filed 8–19–15; 8:45 am]           received will be posted without change
                                                Management and Budget under                             BILLING CODE 6560–50–P
                                                                                                                                                              to http://www.regulations.gov, including
                                                Executive Orders 12866 (58 FR 51735,                                                                          any personal information provided.
                                                October 4, 1993) and 13563 (76 FR 3821,                                                                       Please see the Privacy Act heading
                                                January 21, 2011);                                      DEPARTMENT OF TRANSPORTATION                          under ‘‘Supplementary Information,’’
                                                   • does not impose an information                                                                           below, for Privacy Act information
                                                collection burden under the provisions                  Office of the Secretary                               pertinent to any submitted comments or
                                                of the Paperwork Reduction Act (44                                                                            materials, and you may review DOT’s
                                                U.S.C. 3501 et seq.);                                   49 CFR Part 37                                        complete Privacy Act Statement
                                                                                                                                                              published in the Federal Register on
                                                   • is certified as not having a                       [Docket DOT–OST–2015–0075]                            April 11, 2000, at 65 FR 19477.
                                                significant economic impact on a                                                                                 Docket Access: For access to
                                                substantial number of small entities                    Transportation for Individuals With
                                                                                                                                                              background documents and comments
                                                under the Regulatory Flexibility Act (5                 Disabilities; Service Criteria for
                                                                                                                                                              received in the rulemaking docket, go to
                                                U.S.C. 601 et seq.);                                    Complementary Paratransit Fares
                                                                                                                                                              http://www.regulations.gov or to the
                                                   • does not contain any unfunded                      AGENCY: Office of the Secretary (OST),                U.S. Department of Transportation, 1200
                                                mandate or significantly or uniquely                    U.S. Department of Transportation                     New Jersey Avenue, SE., Room W12–
                                                affect small governments, as described                  (DOT).                                                140, Washington, DC 20590 between
                                                in the Unfunded Mandates Reform Act                                                                           9:00 a.m. and 5:00 p.m., Monday
                                                                                                        ACTION: Notice of petition for
                                                of 1995 (Pub. L. 104–4);                                                                                      through Friday except Federal holidays.
                                                                                                        rulemaking; request for comments.
                                                   • does not have Federalism                                                                                 FOR FURTHER INFORMATION CONTACT: Jill
                                                implications as specified in Executive                  SUMMARY:    This document seeks public                Laptosky, Attorney-Advisor, Office of
                                                Order 13132 (64 FR 43255, August 10,                    comments on a petition for rulemaking                 General Counsel, U.S. DOT, 1200 New
                                                1999);                                                  from Access Services concerning the                   Jersey Ave. SE., Washington, DC 20590,
                                                   • is not an economically significant                 Department’s regulations implementing                 phone: (202) 493–0308, or email,
                                                regulatory action based on health or                    the Americans with Disabilities Act                   Jill.Laptosky@dot.gov; or Bonnie Graves,
                                                safety risks subject to Executive Order                 (ADA) with respect to the method of                   Assistant Chief Counsel for Legislation
                                                13045 (62 FR 19885, April 23, 1997);                    determining the fare for a trip charged               and Regulations, Office of Chief
                                                   • is not a significant regulatory action             to an ADA paratransit eligible user. The              Counsel, Federal Transit
                                                subject to Executive Order 13211 (66 FR                 petition asks the Department to revise                Administration, same address, phone:
                                                28355, May 22, 2001);                                   its regulation to allow for a                         (202) 366–4011, or email,
                                                                                                        ‘‘coordinated’’ or two-tier fare structure.           Bonnie.Graves@dot.gov.
                                                   • is not subject to requirements of                  The current regulation provides that the
                                                Section 12(d) of the National                                                                                 SUPPLEMENTARY INFORMATION: On March
                                                                                                        fare shall not exceed twice the fare that             4, 2015, the U.S. Department of
                                                Technology Transfer and Advancement                     would be charged to an individual
                                                Act of 1995 (15 U.S.C. 272 note) because                                                                      Transportation (DOT) received a
                                                                                                        paying full fare for a similar trip on the            petition for rulemaking from Access
                                                application of those requirements would                 fixed route system.
                                                be inconsistent with the CAA; and                                                                             Services, the Americans with
                                                                                                        DATES: Comments must be received by                   Disabilities Act (ADA) complementary
                                                   • does not provide EPA with the                      September 21, 2015.
                                                discretionary authority to address, as                                                                        paratransit provider for 44 fixed route
                                                appropriate, disproportionate human                     ADDRESSES: Please submit your                         transit providers in Los Angeles County,
                                                health or environmental effects, using                  comments by only one of the following                 California. Access Services uses a
                                                practicable and legally permissible                     methods:                                              ‘‘coordinated’’ or two-tier fare structure
                                                methods, under Executive Order 12898                       • Online: Use the Federal                          where it generally charges $2.75 for one-
                                                (59 FR 7629, February 16, 1994).                        eRulemaking portal at http://                         way trips up to 19.9 miles, and $3.50 for
                                                                                                        www.regulations.gov and follow the                    one-way trips of 20 miles or more. In
                                                   In addition, the SIP is not approved                 instructions for submitting comments.                 some cases, these fares exceed twice the
                                                to apply on any Indian reservation land                    • U.S. Mail: Send your comments to                 fixed route fare. The DOT’s ADA
                                                or in any other area where EPA or an                    the Docket Management Facility, U.S.                  regulation at 49 CFR 37.131(c) provides
                                                Indian tribe has demonstrated that a                    Department of Transportation, 1200                    that the fare for a trip charged to an
                                                tribe has jurisdiction. In those areas of               New Jersey Avenue SE., W12–140,                       ADA paratransit eligible user of the
                                                Indian country, the rule does not have                  Washington, DC 20590–0001.                            complementary paratransit service shall
                                                tribal implications as specified by                        • Hand Delivery or Courier: Go to                  not exceed twice the fare that would be
                                                Executive Order 13175 (65 FR 67249,                     Room W12–140 on the ground floor of                   charged to an individual paying full fare
                                                November 9, 2000), nor will it impose                   the West Building, U.S. Department of                 for a trip of similar length, at a similar
                                                substantial direct costs on tribal                      Transportation headquarters, 1200 New                 time of day, on the entity’s fixed route
                                                governments or preempt tribal law.                      Jersey Avenue SE., between 9 a.m. and                 system. In recent triennial reviews of
                                                List of Subjects in 40 CFR Part 52                      5 p.m. Eastern-time, Monday through                   some fixed route providers in Los
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                                                                                                        Friday except Federal holidays.                       Angeles County, the Federal Transit
                                                  Environmental protection, Air                            • Telefax: Send your comments to                   Administration (FTA) has made
                                                pollution control, Incorporation by                     202–493–2251.                                         findings that the ADA paratransit fares
                                                reference, Intergovernmental relations,                    Instructions: All comments must                    exceed twice the fixed route fare. In
                                                Nitrogen dioxide, Ozone, Reporting and                  include the docket number for this                    other words, some paratransit riders are
                                                recordkeeping requirements, Volatile                    rulemaking: DOT–OST–2015–0075.                        paying more for ADA paratransit fares
                                                organic compounds.                                      Submit two copies of your comments if                 than they should be under the
                                                   Authority: 42 U.S.C. 7401 et seq.                    you submit them by mail. For                          Department’s existing regulations.


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Document Created: 2015-12-15 11:08:51
Document Modified: 2015-12-15 11:08:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 21, 2015.
ContactMichele 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]
FR Citation80 FR 50591 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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