81_FR_47003 81 FR 46865 - Approval and Promulgation of State Implementation Plan Revisions to Permits, Rules and Approval Orders; Utah

81 FR 46865 - Approval and Promulgation of State Implementation Plan Revisions to Permits, Rules and Approval Orders; Utah

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 138 (July 19, 2016)

Page Range46865-46866
FR Document2016-16960

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on February 10, 2012 and August 29, 2014. These submittals request SIP revisions to remove changes to the major source baseline date that were disapproved by the EPA on July 15, 2011. The submittals also address the EPA's February 6, 2014 disapproval of several permit rules related to the public availability of good engineering practice stack height demonstrations in the public comment process for an approval order, and the process for making emission reductions enforceable in an approval order. The EPA is taking this action in accordance with section 110 of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 138 (Tuesday, July 19, 2016)
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Proposed Rules]
[Pages 46865-46866]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16960]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0221; FRL-9948-88-Region 8]


Approval and Promulgation of State Implementation Plan Revisions 
to Permits, Rules and Approval Orders; Utah

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of Utah on February 10, 2012 and August 29, 2014. These 
submittals request SIP revisions to remove changes to the major source 
baseline date that were disapproved by the EPA on July 15, 2011. The 
submittals also address the EPA's February 6, 2014 disapproval of 
several permit rules related to the public availability of good 
engineering practice stack height demonstrations in the public comment 
process for an approval order, and the process for making emission 
reductions enforceable in an approval order. The EPA is taking this 
action in accordance with section 110 of the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 18, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2016-0221, at http://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 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7814, 
[email protected].

Incorporation by Reference

    In this rule, the EPA is finalizing 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 Utah rules

[[Page 46866]]

described in the amendments to 40 CFR part 52 set forth below. The EPA 
has made, and will continue to make, these materials generally 
available through www.regulations.gov and/or at the EPA Region 8 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

SUPPLEMENTARY INFORMATION: 
    In the ``Rules and Regulations'' section of this Federal Register, 
the EPA is approving the State's SIP revision as a direct final rule 
without prior proposal because the agency views this as a 
noncontroversial SIP revision and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the preamble to the 
direct final rule.
    If the EPA receives no adverse comments, the EPA will not take 
further action on this proposed rule. If the EPA receives adverse 
comments, the EPA will withdraw the direct final rule and it will not 
take effect. The EPA will address all public comments in a subsequent 
final rule based on this proposed rule.
    The EPA will not institute a second comment period on this action. 
Any parties interested in commenting must do so at this time. For 
further information, please see the ADDRESSES section of this notice.
    Please note that if the EPA receives adverse comment on a distinct 
provision of this rule and if that provision may be severed from the 
remainder of the rule, the EPA may adopt as final those provisions of 
the rule that are not the subject of an adverse comment. See the 
information provided in the Direct Final action of the same title which 
is located in the Rules and Regulations Section of this Federal 
Register.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 22, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2016-16960 Filed 7-18-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Proposed Rules                                           46865

                                               requirements of 40 CFR part 75. The                      emission rate shall include all emissions             SUMMARY:    The Environmental Protection
                                               testing and evaluation of the inlet                      and all heat input that occur during all              Agency (EPA) is proposing to approve
                                               monitors and the calculations of relative                periods within any boiler-operating day,              State Implementation Plan (SIP)
                                               accuracy for lb/hr of NOX, SO2 and heat                  including emissions from startup,                     revisions submitted by the State of Utah
                                               input shall be performed each time the                   shutdown, and malfunction.                            on February 10, 2012 and August 29,
                                               40 CFR part 75 CEMS undergo relative                        (B) [Reserved]                                     2014. These submittals request SIP
                                               accuracy testing.                                           (C) If a valid SO2 pounds per hour at              revisions to remove changes to the
                                                  (ii) Compliance determinations for                    the outlet of the FGD system or heat                  major source baseline date that were
                                               NOX.                                                     input is not available for any hour for               disapproved by the EPA on July 15,
                                                  (A) [Reserved]                                        a unit, that heat input and SO2 pounds                2011. The submittals also address the
                                                  (B) Coronado Generating Station.                      per hour shall not be used in the                     EPA’s February 6, 2014 disapproval of
                                               Compliance with the NOX emission                         calculation of the 30-day rolling                     several permit rules related to the public
                                               limits for Coronado Unit 1 and                           average.                                              availability of good engineering practice
                                               Coronado Unit 2 in paragraph (f)(3)(i) of                   (D) If both a valid inlet and outlet SO2           stack height demonstrations in the
                                               this section shall be determined on a                    lb/MMBtu and an outlet value of lb/hr                 public comment process for an approval
                                               rolling 30 boiler-operating-day basis.                   of SO2 are not available for any hour,                order, and the process for making
                                               The 30-boiler-operating-day rolling NOX                  that hour shall not be included in the                emission reductions enforceable in an
                                               emission rate for each unit shall be                     efficiency calculation.                               approval order. The EPA is taking this
                                               calculated in accordance with the                                                                              action in accordance with section 110 of
                                               following procedure: Step one, sum the                   *       *    *     *     *
                                                                                                           (10) Equipment operations.                         the Clean Air Act (CAA).
                                               total pounds of NOX emitted from the
                                                                                                           (i) [Reserved]                                     DATES: Written comments must be
                                               unit during the current boiler operating
                                                                                                           (ii) Coronado Generating Station. At               received on or before August 18, 2016.
                                               day and the previous twenty-nine (29)
                                               boiler operating days; Step two, sum the                 all times, including periods of startup,              ADDRESSES: Submit your comments,
                                               total heat input to the unit in MMBtu                    shutdown, and malfunction, the owner                  identified by Docket ID No. EPA–R08–
                                               during the current boiler operating day                  or operator of Coronado Generating                    OAR–2016–0221, at http://
                                               and the previous twenty-nine (29) boiler                 Station Unit 1 and Unit 2 shall, to the               www.regulations.gov. Follow the online
                                               operating days; Step three, divide the                   extent practicable, maintain and operate              instructions for submitting comments.
                                               total number of pounds of NOX emitted                    each unit in a manner consistent with                 Once submitted, comments cannot be
                                               from that unit during the thirty (30)                    good air pollution control practices for              edited or removed from Regulations.gov.
                                               boiler operating days by the total heat                  minimizing emissions. The owner or                    The EPA may publish any comment
                                               input to the unit during the thirty (30)                 operator shall continuously operate                   received to its public docket. Do not
                                               boiler operating days. A new 30-boiler-                  pollution control equipment at all times              submit electronically any information
                                               operating-day rolling average NOX                        the unit it serves is in operation, and               you consider to be Confidential
                                               emission rate shall be calculated for                    operate pollution control equipment in                Business Information (CBI) or other
                                               each new boiler operating day. Each 30-                  a manner consistent with technological                information whose disclosure is
                                               boiler-operating-day average NOX                         limitations, manufacturer’s                           restricted by statute. Multimedia
                                               emission rate shall include all emissions                specifications, and good engineering                  submissions (audio, video, etc.,) must be
                                               that occur during all periods within any                 and good air pollution control practices              accompanied by a written comment.
                                               boiler operating day, including                          for minimizing emissions.                             The written comment is considered the
                                               emissions from startup, shutdown, and                    Determination of whether acceptable                   official comment and should include
                                               malfunction.                                             operating and maintenance procedures                  discussion of all points you wish to
                                                  (C) If a valid NOX pounds per hour or                 are being used will be based on                       make. The EPA will generally not
                                               heat input is not available for any hour                 information available to the Regional                 consider comments or comment
                                               for a unit, that heat input and NOX                      Administrator which may include, but                  contents located outside of the primary
                                               pounds per hour shall not be used in the                 is not limited to, monitoring results,                submission (i.e., on the web, cloud, or
                                               calculation of the 30-day rolling                        review of operating and maintenance                   other file sharing system). For
                                               average.                                                 procedures, and inspection of each unit.              additional submission methods, the full
                                                 (iii) Compliance determinations for                    *       *    *     *     *                            EPA public comment policy,
                                               SO2. (A) The 30-day rolling average SO2                  [FR Doc. 2016–16959 Filed 7–18–16; 8:45 am]           information about CBI or multimedia
                                               emission rate for each coal-fired unit                   BILLING CODE 6560–50–P                                submissions, and general guidance on
                                               shall be calculated in accordance with                                                                         making effective comments, please visit
                                               the following procedure: Step one, sum                                                                         http://www2.epa.gov/dockets/
                                               the total pounds of SO2 emitted from the                 ENVIRONMENTAL PROTECTION                              commenting-epa-dockets.
                                               unit during the current boiler-operating                 AGENCY                                                FOR FURTHER INFORMATION CONTACT: Jody
                                               day and the previous twenty-nine (29)                                                                          Ostendorf, Air Program, U.S.
                                               boiler-operating days; step two, sum the                 40 CFR Part 52                                        Environmental Protection Agency
                                               total heat input to the unit in MMBtu                                                                          (EPA), Region 8, Mail Code 8P–AR,
                                               during the current boiler-operating day                  [EPA–R08–OAR–2016–0221; FRL–9948–88–                  1595 Wynkoop Street, Denver, Colorado
                                               and the previous twenty-nine (29)                        Region 8]                                             80202–1129, (303) 312–7814,
                                               boiler-operating day; and step three,                                                                          ostendorf.jody@epa.gov.
                                               divide the total number of pounds of                     Approval and Promulgation of State
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                                               SO2 emitted during the thirty (30)                       Implementation Plan Revisions to                      Incorporation by Reference
                                               boiler-operating days by the total heat                  Permits, Rules and Approval Orders;                     In this rule, the EPA is finalizing
                                               input during the thirty (30) boiler-                     Utah                                                  regulatory text that includes
                                               operating days. A new 30-day rolling                     AGENCY:  Environmental Protection                     incorporation by reference. In
                                               average SO2 emission rate shall be                       Agency.                                               accordance with requirements of 1 CFR
                                               calculated for each new boiler-operating                                                                       51.5, the EPA is proposing to
                                                                                                        ACTION: Proposed rule.
                                               day. Each 30-day rolling average SO2                                                                           incorporate by reference the Utah rules


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                                               46866                    Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Proposed Rules

                                               described in the amendments to 40 CFR                    SUMMARY:    The Environmental Protection              ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                               part 52 set forth below. The EPA has                     Agency (EPA) is proposing to approve a                EPA.
                                               made, and will continue to make, these                   State Implementation Plan (SIP)                          Organization of this document. The
                                               materials generally available through                    revision submitted by the State of New                following outline is provided to aid in
                                               www.regulations.gov and/or at the EPA                    Hampshire on December 16, 2014. New                   locating information in this preamble.
                                               Region 8 Office (please contact the                      Hampshire’s SIP revision addresses                    I. Background
                                               person identified in the FOR FURTHER                     requirements of the Clean Air Act (CAA)               II. Requirements for Regional Haze 5-Year
                                               INFORMATION CONTACT section of this                      and EPA’s rules that require states to                      Progress Report SIPs and Adequacy
                                               preamble for more information).                          submit periodic reports describing                          Determinations
                                               SUPPLEMENTARY INFORMATION:                               progress toward reasonable progress                   III. EPA’s Evaluation of New Hampshire’s SIP
                                                  In the ‘‘Rules and Regulations’’                      goals (RPGs) established for regional                       Revision
                                                                                                        haze and a determination of the                          A. Regional Haze Progress Report
                                               section of this Federal Register, the EPA                                                                         B. Determination of Adequacy of Existing
                                               is approving the State’s SIP revision as                 adequacy of the State’s existing Regional
                                                                                                        Haze SIP. In addition, the December 16,                     Regional Haze Plan
                                               a direct final rule without prior proposal                                                                        C. Revised Env–A 2302.02 Emission
                                               because the agency views this as a                       2014 submittal includes a revised
                                                                                                                                                                    Standards Applicable to Tangential-
                                               noncontroversial SIP revision and                        regulation that reduces the total                           Firing, Dry-Bottom Boilers
                                               anticipates no adverse comments. A                       suspended particulate (TSP) emission                  IV. Proposed Action
                                               detailed rationale for the approval is set               limit for the State’s sole Tangential-                V. Incorporation by Reference
                                               forth in the preamble to the direct final                Firing, Dry-Bottom Boiler.                            VI. Statutory and Executive Order Reviews
                                               rule.                                                    DATES: Written comments must be
                                                                                                                                                              I. Background
                                                  If the EPA receives no adverse                        received on or before August 18, 2016.
                                               comments, the EPA will not take further                  ADDRESSES: Submit your comments,                         States are required to submit a
                                               action on this proposed rule. If the EPA                 identified by Docket ID Number EPA–                   progress report in the form of a SIP
                                               receives adverse comments, the EPA                       R01–OAR–2014–0909 at http://                          revision every five years that evaluates
                                               will withdraw the direct final rule and                  www.regulations.gov, or via email to                  progress towards the RPGs for each
                                               it will not take effect. The EPA will                    arnold.anne@epa.gov. For comments                     mandatory Class I Federal area 1 (Class
                                               address all public comments in a                         submitted at Regulations.gov, follow the              I area) within the state and in each Class
                                               subsequent final rule based on this                      online instructions for submitting                    I area outside the state which may be
                                               proposed rule.                                           comments. Once submitted, comments                    affected by emissions from within the
                                                  The EPA will not institute a second                   cannot be edited or removed from                      state. See 40 CFR 51.308(g). In addition,
                                               comment period on this action. Any                       Regulations.gov. For either manner of                 the provisions under 40 CFR 51.308(h)
                                               parties interested in commenting must                    submission, the EPA may publish any                   require states to submit, at the same
                                               do so at this time. For further                          comment received to its public docket.                time as the 40 CFR 51.308(g) progress
                                               information, please see the ADDRESSES                    Do not submit electronically any                      report, a determination of the adequacy
                                               section of this notice.                                  information you consider to be                        of the state’s existing Regional Haze SIP.
                                                  Please note that if the EPA receives                  Confidential Business Information (CBI)               The first progress report SIP is due five
                                               adverse comment on a distinct                            or other information whose disclosure is              years after submittal of the initial
                                               provision of this rule and if that                       restricted by statute. Multimedia                     Regional Haze SIP. On January 29, 2010,
                                               provision may be severed from the                        submissions (audio, video, etc.) must be              the New Hampshire Department of
                                               remainder of the rule, the EPA may                       accompanied by a written comment.                     Environmental Services (NH DES)
                                               adopt as final those provisions of the                   The written comment is considered the                 submitted the State’s first Regional Haze
                                               rule that are not the subject of an                      official comment and should include                   SIP in accordance with 40 CFR 51.308.2
                                               adverse comment. See the information                     discussion of all points you wish to                     On December 16, 2014, NH DES
                                               provided in the Direct Final action of                   make. The EPA will generally not                      submitted a revision to the New
                                               the same title which is located in the                   consider comments or comment                          Hampshire SIP detailing the progress
                                               Rules and Regulations Section of this                    contents located outside of the primary               made in the first planning period
                                               Federal Register.                                        submission (i.e. on the web, cloud, or                toward implementation of the Long
                                                                                                        other file sharing system). For                       Term Strategy (LTS) outlined in the
                                                  Authority: 42 U.S.C. 7401 et seq.                     additional submission methods, please                 2010 Regional Haze SIP submittal, the
                                                 Dated: June 22, 2016.                                  contact the person identified in the ‘‘For            visibility improvement measured at the
                                               Shaun L. McGrath,                                        Further Information Contact’’ section.                State’s Class I areas, and a
                                               Regional Administrator, Region 8.                        For the full EPA public comment policy,               determination of the adequacy of the
                                               [FR Doc. 2016–16960 Filed 7–18–16; 8:45 am]              information about CBI or multimedia                   State’s existing Regional Haze SIP. EPA
                                               BILLING CODE 6560–50–P
                                                                                                        submissions, and general guidance on                  is proposing to approve New
                                                                                                        making effective comments, please visit               Hampshire’s December 16, 2014 SIP
                                                                                                        http://www2.epa.gov/dockets/                          revision on the basis that it satisfies the
                                               ENVIRONMENTAL PROTECTION                                 commenting-epa-dockets.                               requirements of 40 CFR 51.308(g) and
                                               AGENCY                                                   FOR FURTHER INFORMATION CONTACT:                      (h).
                                                                                                        Anne McWilliams, Air Quality Unit,
                                               40 CFR Part 52                                           U.S. Environmental Protection Agency,                   1 Areas designated as mandatory Class I Federal

                                                                                                        EPA New England Regional Office, 5                    areas consist of national parks exceeding 6000
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                                              acres, wilderness areas and national memorial parks
                                               [EPA–R01–OAR–2014–0909; FRL–9949–15–                     Post Office Square—Suite 100, (Mail                   exceeding 5000 acres, and all international parks
                                               Region 1]                                                Code OEP05–02), Boston, MA 02109—                     that were in existence on August 7, 1977 (42 U.S.C.
                                                                                                        3912, telephone number (617) 918–                     7472(a)).
                                               Air Plan Approval; New Hampshire;                        1697, fax number (617) 918–0697, email                  2 On August 22, 2012, EPA approved New

                                               Regional Haze 5-Year Report                              mcwilliams.anne@epa.gov.                              Hampshire’s Regional Haze SIP submittal
                                                                                                                                                              addressing the requirements of the first
                                                                                                        SUPPLEMENTARY INFORMATION:                            implementation period for regional haze. See 77 FR
                                               ACTION:   Proposed rule.
                                                                                                        Throughout this document whenever                     50602.



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Document Created: 2016-07-19 01:10:35
Document Modified: 2016-07-19 01:10:35
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 August 18, 2016.
ContactJody Ostendorf, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7814, [email protected]
FR Citation81 FR 46865 

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