80 FR 64344 - Approval and Promulgation of Implementation Plans; Florida; Regional Haze Plan Amendment-Lakeland Electric C.D. McIntosh
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 205 (October 23, 2015)
Federal Register Volume 80, Issue 205 (October 23, 2015)
| Page Range | 64344-64346 | |
| FR Document | 2015-26935 |
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)] [Rules and Regulations] [Pages 64344-64346] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26935] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0337; FRL-9936-05-Region 4] Approval and Promulgation of Implementation Plans; Florida; Regional Haze Plan Amendment--Lakeland Electric C.D. McIntosh AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing approval of 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 [[Page 64345]] 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 is approving the BART NOx emissions limit for Unit 1 at McIntosh into the Florida SIP. DATES: This rule is effective November 23, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0337. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information 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 either electronically through 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 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. FDEP also committed to modify the title V permit for McIntosh to include this new limit. To fulfill its commitment in accordance with the July 30, 2013 letter, the State of Florida submitted a SIP revision dated March 10, 2015, revising the State's regional haze SIP to include a NOx BART emissions limit for McIntosh Unit 1 and a construction permit (FDEP Permit No. 1050004-034-AC) dated April 30, 2014, for Unit 1 containing this limit. 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 a notice of proposed rulemaking (NPR) published on August 20, 2015, EPA proposed to approve Florida's March 10, 2015, regional haze SIP revision fulfilling the State's July 20, 2013, commitment to provide EPA with a SIP revision containing a NOx BART emissions limit for McIntosh Unit 1 reflecting best operating practices for good combustion and conditions to modify the title V permit to incorporate this limit. See 80 FR 50591. The details of Florida's submittal and the rationale for EPA's actions are explained in the NPR. Comments on the proposed rulemaking were due on or before September 21, 2015. No adverse comments were received. II. Final Action EPA is finalizing approval of the State of Florida's March 10, 2015, SIP revision and revising the regional haze SIP to include the NOx BART emissions limit for Unit 1 and the April 30, 2014, construction permit containing this limit. EPA is approving these changes to the Florida SIP 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. III. 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 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); 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). [[Page 64346]] 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. 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. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 22, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 8, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 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 K--Florida 0 2. Section 52.520(e) is amended by adding an entry for ``Regional Haze Plan Amendment 3'' at the end of the table to read as follows: Sec. 52.520 Identification of plan. * * * * * (e) * * * EPA-Approved Florida Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Federal Register Provision effective date EPA approval date notice Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Regional Haze Plan Amendment 3. 4/30/2014 10/23/2015........ [Insert Federal Establishes NOX BART [Insert Federal Register emissions limit for Register citation]. Unit 1 at the Lakeland citation]. Electric--C.D. McIntosh Power Plant and includes FDEP Permit No. 1050004-034- AC. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-26935 Filed 10-22-15; 8:45 am] BILLING CODE 6560-50-P
![64344 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
(h) The Superintendent may prohibit (e) Restrictions on taking fish or § 13.490 Closures and restrictions to
or restrict the non-subsistence taking of wildlife. (1) Except in emergencies, the subsistence uses of fish and wildlife.
wildlife in accordance with the NPS will consult with the State agency (a) The Superintendent may
provisions of § 13.50. having responsibility over fishing, temporarily restrict a subsistence
(i) A person may not intentionally hunting, or trapping and provide an activity or close all or part of a park area
obstruct or hinder another person’s opportunity for public comment, to subsistence uses of a fish or wildlife
lawful hunting or trapping by: including one or more public meetings population after consultation with the
(1) Placing oneself in a location in near the affected NPS unit, prior to State and the Federal Subsistence Board
which human presence may alter the implementing a closure or restriction on in accordance with the provisions of
behavior of the game that another taking fish or wildlife. this section. The Superintendent may
person is attempting to take or the (2) Emergency closures or restrictions make a temporary closure or restriction
imminent feasibility of taking game by may not exceed a period of 60 days and notwithstanding any other provision of
another person; or may not be extended without following this part, and only if the following
(2) Creating a visual, aural, olfactory, the nonemergency procedures of this conditions are met:
or physical stimulus in order to alter the section. (1) The restriction or closure must be
behavior of the game that another necessary for reasons of public safety,
person is attempting to take. (f) Notice. A list of closures and
restrictions will be compiled in writing administration, or to ensure the
■ 5. Revise § 13.50 to read as follows: continued viability of the fish or
and updated annually. The list will be
posted on the NPS Web site at wildlife population;
§ 13.50 Closure and restriction
procedures. www.nps.gov and made available at park (2) Except in emergencies, the
headquarters. Additional means of Superintendent must provide public
(a) Applicability and authority. The
notice reasonably likely to inform notice and hold a public hearing near
Superintendent will follow the
residents in the affected vicinity will the affected NPS unit;
provisions of this section to close an
also be provided where available, such (3) The restriction or closure may last
area or restrict an activity, or terminate
as: only so long as reasonably necessary to
or relax a closure or restriction, in NPS
achieve the purposes of the closure.
areas in Alaska. (1) Publication in a newspaper of
(b) Factors. In determining whether to general circulation in the State or in * * * * *
close an area or restrict an activity, or local newspapers; Dated: September 9, 2015.
whether to terminate or relax a closure (2) Use of electronic media, such as Michael Bean,
or restriction, the Superintendent must the internet and email lists; Principal Deputy Assistant Secretary for Fish
ensure that the activity or area is and Wildlife and Parks.
(3) Radio broadcast; or
managed in a manner compatible with [FR Doc. 2015–26813 Filed 10–22–15; 8:45 am]
the purposes for which the park area (4) Posting of signs in the local
vicinity. BILLING CODE 4310–EJ–P
was established. The Superintendent’s
decision under this paragraph must (g) Violating a closure or restriction is
therefore be guided by factors such as prohibited.
ENVIRONMENTAL PROTECTION
public health and safety, resource § 13.400 [Amended] AGENCY
protection, protection of cultural or
scientific values, subsistence uses, ■ 6. In § 13.400, remove paragraph (e) 40 CFR Part 52
conservation of endangered or and redesignate paragraph (f) as new
threatened species, and other paragraph (e). [EPA–R04–OAR–2015–0337; FRL–9936–05–
Region 4]
management considerations. ■ 7. Revise § 13.470 to read as follows:
(c) Rulemaking requirements. This
Approval and Promulgation of
paragraph applies only to a closure or § 13.470 Subsistence fishing.
Implementation Plans; Florida;
restriction, or the termination or Fish may be taken by local rural Regional Haze Plan Amendment—
relaxation of such, which is of a nature, residents for subsistence uses in park Lakeland Electric C.D. McIntosh
magnitude and duration that will result areas where subsistence uses are
in a significant alteration in the public allowed in compliance with applicable AGENCY: Environmental Protection
use pattern of the area; adversely affect Federal law and regulation, including Agency (EPA).
the area’s natural, aesthetic, scenic, or the provisions of §§ 2.3 and 13.40 of this ACTION: Final rule.
cultural values; or require a long-term chapter. Local rural residents in park
modification in the resource areas where subsistence uses are SUMMARY: The Environmental Protection
management objectives of the area. allowed may fish with a net, seine, trap, Agency (EPA) is finalizing approval of
Except in emergency situations, the or spear; or use native species as bait, the State of Florida’s March 10, 2015,
closure or restriction, or the termination where permitted by applicable Federal State Implementation Plan (SIP)
or relaxation of such, must be published law and regulation. revision, submitted by the Florida
as a rulemaking in the Federal Register. Department of Environmental Protection
(d) Written determination. Except in ■ 8. Revise § 13.480 to read as follows: (FDEP). This submittal fulfills Florida’s
emergency situations, prior to § 13.480 Subsistence hunting and commitment to EPA to provide a
implementing or terminating a closure trapping. regional haze SIP revision with a Best
or restriction, the superintendent shall Available Retrofit Technology (BART)
mstockstill on DSK4VPTVN1PROD with RULES
prepare a written determination Local rural residents may hunt and nitrogen oxides (NOx) emissions limit
justifying the action. That determination trap wildlife for subsistence uses in park for Unit 1 at the Lakeland Electric—C.D.
shall set forth the reasons the closure or areas where subsistence uses are McIntosh Power Plant (McIntosh)
restriction authorized by paragraph (a) allowed in compliance with this chapter reflecting best operating practices for
of this section has been established. and 50 CFR part 100. good combustion. States are required to
This determination will be posted on ■ 9. In § 13.490, revise paragraph (a) to address the BART provisions of the
the NPS Web site at www.nps.gov. read as follows: Clean Air Act (CAA or Act) and EPA’s
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![64346 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
The SIP is not approved to apply on cannot take effect until 60 days after it matter, Reporting and recordkeeping
any Indian reservation land or in any is published in the Federal Register. requirements, Sulfur oxides, Volatile
other area where EPA or an Indian tribe This action is not a ‘‘major rule’’ as organic compounds.
has demonstrated that a tribe has defined by 5 U.S.C. 804(2). Dated: October 8, 2015.
jurisdiction. In those areas of Indian Under section 307(b)(1) of the CAA,
Heather McTeer Toney,
country, the rule does not have tribal petitions for judicial review of this
Regional Administrator, Region 4.
implications as specified by Executive action must be filed in the United States
Order 13175 (65 FR 67249, November 9, Court of Appeals for the appropriate 40 CFR part 52 is amended as follows:
2000), nor will it impose substantial circuit by December 22, 2015. Filing a
direct costs on tribal governments or petition for reconsideration by the PART 52—APPROVAL AND
preempt tribal law. Administrator of this final rule does not PROMULGATION OF
The Congressional Review Act, 5 affect the finality of this action for the IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it
Business Regulatory Enforcement extend the time within which a petition ■ 1. The authority citation for part 52
Fairness Act of 1996, generally provides for judicial review may be filed, and continues to read as follows:
that before a rule may take effect, the shall not postpone the effectiveness of Authority: 42.U.S.C. 7401 et seq.
agency promulgating the rule must such rule or action. This action may not
submit a rule report, which includes a be challenged later in proceedings to Subpart K—Florida
copy of the rule, to each House of the enforce its requirements. See section
Congress and to the Comptroller General 307(b)(2). ■ 2. Section 52.520(e) is amended by
of the United States. EPA will submit a adding an entry for ‘‘Regional Haze Plan
report containing this action and other List of Subjects in 40 CFR Part 52 Amendment 3’’ at the end of the table
required information to the U.S. Senate, Environmental protection, Air to read as follows:
the U.S. House of Representatives, and pollution control, Carbon monoxide,
the Comptroller General of the United Incorporation by reference, § 52.520 Identification of plan.
States prior to publication of the rule in Intergovernmental relations, Lead, * * * * *
the Federal Register. A major rule Nitrogen dioxide, Ozone, Particulate (e) * * *
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective Federal Register
Provision EPA approval date Explanation
date notice
* * * * * * *
Regional Haze Plan 4/30/2014 10/23/2015 ................... [Insert Federal Reg- Establishes NOX BART emissions limit for Unit
Amendment 3. [Insert Federal Reg- ister citation]. 1 at the Lakeland Electric—C.D. McIntosh
ister citation]. Power Plant and includes FDEP Permit No.
1050004–034–AC.
[FR Doc. 2015–26935 Filed 10–22–15; 8:45 am] Protection Agency’s (LRAPA) open requirements for SIPs under section 110
BILLING CODE 6560–50–P burning rules adopted on March 14, of the CAA.
2008. The revised LRAPA open burning DATES: This rule is effective on
rules make clarifications and provide for December 22, 2015, without further
ENVIRONMENTAL PROTECTION additional controls of open burning notice, unless the EPA receives adverse
AGENCY activities in Lane County, would reduce comment by November 23, 2015. If the
particulate emissions in Lane County, EPA receives adverse comment, we will
40 CFR Part 52
and would strengthen Oregon’s SIP. The publish a timely withdrawal in the
[EPA–R10–OAR–2014–0562: FRL–9935–48– EPA is also approving a submittal from Federal Register informing the public
Region 10] the ODEQ dated June 30, 2014, to that the rule will not take effect.
update Oregon Administrative Rules ADDRESSES: Submit your comments,
Approval and Promulgation of
(OAR) that relate to procedures in identified by Docket ID No. EPA–R10–
Implementation Plans; Oregon: Lane
contested cases (appeals), enforcement OAR–2014–0562, by any of the
Regional Air Protection Agency Open
procedures, and civil penalties. The following methods:
Burning Rules and Oregon Department
EPA is approving most of the submitted • Federal eRulemaking Portal http://
of Environmental Quality Enforcement
provisions because the revisions clarify www.regulations.gov: Follow the on-line
Procedures
and strengthen the SIP and are instructions for submitting comments.
AGENCY: Environmental Protection consistent with the Clean Air Act • Email: R10-Public_Comments@
Agency. (CAA). The EPA is not approving epa.gov.
ACTION: Direct final rule. certain provisions of the submitted rules • Mail: Mr. Keith Rose, EPA Region
that do not relate to the requirements for 10, Office of Air, Waste, and Toxics,
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY: The Environmental Protection SIPs under section 110 of the CAA. AWT–150, 1200 Sixth Avenue, Suite
Agency (EPA) is approving into 900, Seattle, WA 98101.
Finally, the EPA is correcting the SIP
Oregon’s State Implementation Plan • Hand Delivery/Courier: EPA Region
pursuant to the authority of section
(SIP) a submittal from the Oregon 10, 1200 Sixth Avenue, Suite 900,
110(k)(6) of the CAA to remove certain Seattle, WA 98101. Attention: Mr. Keith
Department of Environmental Quality
(ODEQ) dated July 7, 2014, containing provisions previously approved by the Rose, Office of Air, Waste, and Toxics,
revisions to the Lane Regional Air EPA that do not relate to the AWT–150. Such deliveries are only
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Document Created: 2015-12-14 15:31:47
Document Modified: 2015-12-14 15:31:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective November 23, 2015. | |
| 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] | |
| FR Citation | 80 FR 64344 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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