82_FR_32427 82 FR 32294 - Approval and Promulgation of Implementation Plans; Louisiana; Regional Haze State Implementation Plan

82 FR 32294 - Approval and Promulgation of Implementation Plans; Louisiana; Regional Haze State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range32294-32301
FR Document2017-14693

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve for the Entergy R. S. Nelson facility (Nelson) (1) a portion of a revision to the Louisiana Regional Haze State Implementation Plan (SIP) submitted on February 20, 2017; and (2) a revision submitted for parallel processing on June 20, 2017, by the State of Louisiana through the Louisiana Department of Environmental Quality (LDEQ). Specifically, the EPA is proposing to approve these two revisions, which address the Best Available Retrofit Technology requirement of Regional Haze for Nelson for sulfur-dioxide (SO<INF>2</INF>) and particulate-matter (PM).

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Proposed Rules]
[Pages 32294-32301]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14693]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0129; FRL-9964-20-Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Regional Haze State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve for the 
Entergy R. S. Nelson facility (Nelson) (1) a portion of a revision to 
the Louisiana Regional Haze State Implementation Plan (SIP) submitted 
on February 20, 2017; and (2) a revision submitted for parallel 
processing on June 20, 2017, by the State of Louisiana through the 
Louisiana Department of Environmental Quality (LDEQ). Specifically, the 
EPA is proposing to approve these two revisions, which address the Best 
Available Retrofit Technology requirement of Regional Haze for Nelson 
for sulfur-dioxide (SO2) and particulate-matter (PM).

DATES: Written comments must be received on or before August 14, 2017.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0129, at http://www.regulations.gov or via email to 
[email protected]. 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, please contact Jennifer Huser, 
[email protected]. For 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.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Jennifer Huser, 214-665-7347, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Jennifer Huser or Mr. Bill Deese at 214-
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
    A. The Regional Haze Program
    B. Our Previous Actions and Our Proposed Action on Louisiana 
Regional Haze
II. Our Evaluation of Louisiana's BART Analysis for Nelson
    A. Identification of Nelson as a BART-Eligible Source
    B. Evaluation of Whether Nelson Is Subject to BART
    1. Visibility Impairment Threshold
    2. CALPUFF Modeling to Screen Sources
    3. Nelson is Subject to BART
    C. Reliance on CSAPR To Satisfy NOX BART
    D. Louisiana's Five-Factor Analyses for SO2 and PM 
BART for Nelson
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. The Regional Haze Program

    Regional haze is visibility impairment that is produced by a 
multitude of sources and activities that are located across a broad 
geographic area and emit fine particulates (PM2.5) (e.g., 
sulfates, nitrates, organic carbon (OC), elemental carbon (EC), and 
soil dust), and their precursors (e.g., sulfur dioxide 
(SO2), nitrogen oxides (NOX), and in some cases, 
ammonia (NH3) and volatile organic compounds (VOCs)). Fine 
particle precursors react in the atmosphere to form PM2.5, 
which impairs visibility by scattering and absorbing light. Visibility 
impairment reduces the clarity, color, and visible distance that can be 
seen. PM2.5 can also cause serious adverse health effects 
and mortality in humans; it also contributes to environmental effects 
such as acid deposition and eutrophication.
    Data from the existing visibility monitoring network, ``Interagency 
Monitoring of Protected Visual Environments'' (IMPROVE), shows that 
visibility impairment caused by air pollution occurs virtually all the 
time at most national parks and wilderness areas. In 1999, the average 
visual range in many Class I areas (i.e., national parks and memorial 
parks, wilderness areas, and international parks meeting certain size 
criteria) in the western United States was 100-150 kilometers, or about 
one-half to two-thirds of the visual range that would exist without 
anthropogenic air pollution. In most of the eastern Class I areas of 
the United States, the average visual range was less than 30 
kilometers, or about one-fifth of the visual range that would exist 
under estimated natural conditions. CAA programs have reduced some 
haze-causing pollution, lessening some visibility impairment and 
resulting in partially improved average visual ranges.
    CAA requirements to address the problem of visibility impairment 
continue to be implemented. In Section 169A of the 1977 Amendments to 
the CAA, Congress created a program for protecting visibility in the 
nation's national parks and wilderness areas. This section of the CAA 
establishes as a national goal the prevention of any future, and the 
remedying of any existing, man-made impairment of visibility in 156 
national parks and wilderness areas designated as mandatory Class I 
Federal areas. On December 2, 1980, the EPA promulgated

[[Page 32295]]

regulations to address visibility impairment in Class I areas that is 
``reasonably attributable'' to a single source or small group of 
sources, i.e., ``reasonably attributable visibility impairment.'' These 
regulations represented the first phase in addressing visibility 
impairment. The EPA deferred action on regional haze that emanates from 
a variety of sources until monitoring, modeling, and scientific 
knowledge about the relationships between pollutants and visibility 
impairment were improved.
    Congress added section 169B to the CAA in 1990 to address regional 
haze issues, and the EPA promulgated regulations addressing regional 
haze in 1999. The Regional Haze Rule revised the existing visibility 
regulations to add provisions addressing regional haze impairment and 
established a comprehensive visibility protection program for Class I 
areas. The requirements for regional haze, found at 40 CFR 51.308 and 
51.309, are included in our visibility protection regulations at 40 CFR 
51.300-309. The requirement to submit a regional haze SIP applies to 
all 50 states, the District of Columbia, and the Virgin Islands. States 
were required to submit the first implementation plan addressing 
regional haze visibility impairment no later than December 17, 2007.
    Section 169A of the CAA directs states to evaluate the use of 
retrofit controls at certain larger, often under-controlled, older 
stationary sources in order to address visibility impacts from these 
sources. Specifically, section 169A(b)(2)(A) of the CAA requires states 
to revise their SIPs to contain such measures as may be necessary to 
make reasonable progress toward the natural visibility goal, including 
a requirement that certain categories of existing major stationary 
sources built between 1962 and 1977 procure, install, and operate the 
``Best Available Retrofit Technology'' (BART). Larger ``fossil-fuel 
fired steam electric plants'' are one of these source categories. Under 
the Regional Haze Rule, states are directed to conduct BART 
determinations for ``BART-eligible'' sources that may be anticipated to 
cause or contribute to any visibility impairment in a Class I area. The 
evaluation of BART for electric generating units (EGUs) that are 
located at fossil-fuel fired power plants having a generating capacity 
in excess of 750 megawatts must follow the ``Guidelines for BART 
Determinations Under the Regional Haze Rule'' at appendix Y to 40 CFR 
part 51 (hereinafter referred to as the ``BART Guidelines''). Rather 
than requiring source-specific BART controls, states also have the 
flexibility to adopt an emissions trading program or other alternative 
program as long as the alternative provides for greater progress 
towards improving visibility than BART.

B. Our Previous Actions and Our Proposed Action on Louisiana Regional 
Haze

    On June 13, 2008, Louisiana submitted a SIP to address regional 
haze (2008 Louisiana Regional Haze SIP or 2008 SIP revision). We acted 
on that submittal in two separate actions. Our first action was a 
limited disapproval \1\ because of deficiencies in the State's regional 
haze SIP submittal arising from the remand by the U.S. Court of Appeals 
for the District of Columbia of the Clean Air Interstate Rule (CAIR). 
Our second action was a partial limited approval/partial disapproval 
\2\ because the 2008 SIP revision met some but not all of the 
applicable requirements of the CAA and our regulations as set forth in 
sections 169A and 169B of the CAA and 40 CFR 51.300-308, but as a 
whole, the 2008 SIP revision strengthened the SIP. On August 11, 2016, 
Louisiana submitted a SIP revision to address the deficiencies related 
to BART for four non-EGU facilities. We proposed to approve that 
revision on October 27, 2016.\3\
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    \1\ 77 FR 33642 (June 7, 2012).
    \2\ 77 FR 39425 (July 3, 2012).
    \3\ 81 FR 74750 (October 27, 2016).
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    On February 10, 2017, Louisiana submitted a SIP revision intended 
to address the deficiencies related to BART for EGU sources (February 
2017 Louisiana Regional Haze SIP or February 2017 SIP revision). We 
proposed approval of that SIP revision as it pertains to all of the 
BART-eligible EGUs in the State on May 19, 2017, except for Nelson, 
which we address herein.\4\
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    \4\ 82 FR 22936 (May 19, 2017).
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    On June 20, 2017, Louisiana submitted a SIP revision with a request 
for parallel processing, specifically addressing the BART requirements 
for Nelson. (June 2017 Louisiana Regional Haze SIP or June 2017 SIP 
revision). This revision, along with the Nelson portion of the February 
20, 2017 SIP revision, are the subject of this proposed action. 
Parallel processing of the June 2017 SIP revision means that, at the 
same time Louisiana is completing the corresponding public comment and 
rulemaking process at the state level, we are proposing action on it. 
Because Louisiana has not yet finalized the June 2017 SIP revision that 
we are parallel processing, we are proposing to approve this SIP 
revision in parallel with Louisiana's rulemaking activities. If changes 
are made to the State's proposed rule after the EPA's notice of 
proposed rulemaking, such changes must be acknowledged in the EPA's 
final rulemaking action. If the changes are significant, then the EPA 
may be obligated to withdraw our initial proposed action and re-
propose. If there are no changes to the parallel-processed version, EPA 
would proceed with final rulemaking on the version finally adopted by 
Louisiana and submitted to EPA, as appropriate after consideration of 
public comments.

II. Our Evaluation of Louisiana's BART Analysis for Nelson

    Nelson is located in Westlake, Calcasieu Parish, Louisiana. The 
nearest Class I areas are Breton National Wilderness Area in Louisiana, 
located 264 miles east of the facility and Caney Creek Wilderness Area 
in Arkansas, located 286 miles north of the facility.

A. Identification of Nelson as a BART-Eligible Source

    In our partial disapproval and partial limited approval of the 2008 
Louisiana Regional Haze SIP, we approved the LDEQ's identification of 
76 BART-eligible sources, which included Nelson.\5\ Nelson is a fossil-
fuel steam electric power generating facility and operates three BART-
eligible steam generating units: Unit 4, Unit 4 Auxiliary Boiler, and 
Unit 6.
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    \5\ See 77 FR 11839 at 11848 (February 28, 2012).
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B. Evaluation of Whether Nelson Is Subject to BART

    Because Louisiana's 2008 Regional Haze SIP relied on CAIR as a BART 
alternative for EGUs, the submittal did not include a determination of 
which BART-eligible EGUs were subject to BART. On May 19, 2015, we sent 
a CAA Section 114 letter to the Nelson BART-eligible source in 
Louisiana. In that letter, we noted our understanding that the source 
was actively working with the LDEQ to develop a SIP. However, in order 
to be in a position to develop a FIP should that be necessary, we 
requested information regarding the BART-eligible sources, including 
Nelson. The Section 114 letter required the source to conduct modeling 
to determine if the source was subject to BART, and included a modeling 
protocol. The letter also requested that a BART analysis be performed 
in accordance with the BART Guidelines for Nelson if determined to be 
subject to BART. We worked closely with the BART-eligible facility and 
with the LDEQ to this end, and all the information we received from the

[[Page 32296]]

facility was also sent to the LDEQ. As a result, the LDEQ submitted the 
February and June SIP revisions addressing BART for Nelson. The LDEQ 
provides a BART determination for each of the three units at the source 
for all visibility impairing pollutants except NOX.\6\ Once 
a list of BART-eligible sources still in operation within a state has 
been compiled, the state must determine whether to make BART 
determinations for all of them or to consider exempting some of them 
from BART because they are not reasonably anticipated to cause or 
contribute to any visibility impairment in a Class I area. The BART 
Guidelines present several options that rely on modeling analyses and/
or emissions analyses to determine if a source is not reasonably 
anticipated to cause or contribute to visibility impairment in a Class 
I area. A source that is not reasonably anticipated to cause or 
contribute to any visibility impairment in a Class I area is not 
``subject to BART,'' and for such sources, a state need not apply the 
five statutory factors to make a BART determination.\7\ Sources that 
are reasonably anticipated to cause or contribute to any visibility 
impairment in a Class I area are subject to BART.\8\ For each source 
subject to BART, 40 CFR 51.308(e)(1)(ii)(A) requires that the LDEQ 
identify the level of control representing BART after considering the 
factors set out in CAA section 169A(g)(2). To determine which sources 
are anticipated to contribute to visibility impairment, the BART 
Guidelines state ``you can use CALPUFF or other appropriate model to 
estimate the visibility impacts from a single source at a Class I 
area.''\9\
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    \6\ We have previously proposed approval of the portion of 
LDEQ's February 2017 revision that relies on CSAPR participation as 
an alternative to source-specific EGU BART for NOX, 
therefore, a source by source analysis for NOX is 
unnecessary. 82 FR 22936, at 22943.
    \7\ See 40 CFR part 51, Appendix Y, III, How to Identify Sources 
``Subject to BART''.
    \8\ Id.
    \9\ See 40 CFR part 51, Appendix Y, III, How to Identify Sources 
``Subject to BART''.
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1. Visibility Impairment Threshold
    The preamble to the BART Guidelines advise that, ``for purposes of 
determining which sources are subject to BART, States should consider a 
1.0 deciview \10\ change or more from an individual source to `cause' 
visibility impairment, and a change of 0.5 deciviews to `contribute' to 
impairment.'' \11\ They further advise that ``States should have 
discretion to set an appropriate threshold depending on the facts of 
the situation,'' and describes situations in which states may wish to 
exercise that discretion, mainly in situations in which a number of 
sources in an area are all contributing fairly equally to the 
visibility impairment of a Class I area. In Louisiana's 2008 Regional 
Haze SIP submittal, the LDEQ used a contribution threshold of 0.5 dv 
for determining which sources are subject to BART, and we approved this 
threshold in our previous action.\12\
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    \10\ As we note in the Regional Haze Rule (64 FR 35725, July 1, 
1999), the ``deciview'' or ``dv'' is an atmospheric haze index that 
expresses changes in visibility. This visibility metric expresses 
uniform changes in haziness in terms of common increments across the 
entire range of visibility conditions, from pristine to extremely 
hazy conditions.
    \11\ 70 FR 39104, 39120 (July 6, 2005), [40 CFR part 51, 
Appendix Y].
    \12\ See, 77 FR 11839, 11849 (February 28, 2012).
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2. CALPUFF Modeling to Screen Sources
    The BART Guidelines recommend that the 24-hour average actual 
emission rate from the highest emitting day of the meteorological 
period be modeled, unless this rate reflects periods of start-up, 
shutdown, or malfunction. The maximum 24-hour emission rate (lb/hr) for 
NOX and SO2 from the baseline period (2000-2004) 
for the source is identified through a review of the daily emission 
data for each BART-eligible unit from the EPA's Air Markets Program 
Data.\13\ Because daily emissions are not available for PM, maximum 24-
hr PM emissions are estimated based on permit limits, maximum heat 
input, and AP-42 factors, and/or stack testing. EPA conducted CALPUFF 
modeling and provided it to LDEQ to determine whether Nelson causes or 
contributes to visibility impairment in nearby Class I areas (see 
Appendix F of the June 2017 SIP revision). See the CALPUFF Modeling TSD 
for additional discussion on modeling protocol, model inputs, and model 
results for this portion of the screening analysis. The CALPUFF 
modeling establishes that Nelson's visibility impacts are above LDEQ's 
chosen threshold of 0.5 dv.
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    \13\ http://ampd.epa.gov/ampd/.
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3. Nelson Is Subject to BART
    The BART-eligible units at the Nelson facility have visibility 
impacts greater than 0.5 dv. Therefore, Nelson is subject to BART and 
must undergo a five-factor analysis. See our CALPUFF Modeling TSD for 
further information.
    We note that, in addition to CALPUFF modeling, Appendix D of the 
February 2017 SIP revision includes the results of CAMx modeling \14\ 
performed by Trinity consultants for Entergy. This modeling purports to 
demonstrate that the baseline visibility impacts from Nelson \15\ are 
significantly less than the 0.5 dv threshold. However, this modeling 
was not conducted in accordance with the BART Guidelines or a previous 
modeling protocol we developed for the use of CAMx modeling for BART 
screening,\16\ and does not properly assess maximum baseline impacts. 
Therefore, we agree with LDEQ's decision in the February 2017 SIP 
revision to not rely on this CAMx modeling.\17\ See the CAMx Modeling 
TSD for a detailed discussion. We also note that, for the largest 
emission sources in Louisiana, such as the Nelson facility, we 
performed our own CAMx modeling while following the BART Guidelines and 
the modeling protocol to provide additional information on visibility 
impacts and impairment and address possible concerns with utilizing 
CALPUFF to assess visibility impacts at Class I areas located at large 
distances from the emission sources. Our CAMx modeling indicates that 
Nelson has a maximum impact \18\ of 2.22 dv at Caney Creek, with 31 
days out of the 365 days modeled exceeding 0.5 dv, and 9 days exceeding 
1.0 dv. See the CAMx Modeling TSD for additional information on the 
EPA's CAMx modeling protocol, inputs, and model results.
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    \14\ CAMx Modeling Report, prepared for Entergy Services by 
Trinity Consultants, Inc. and All 4 Inc, October 14, 2016, included 
in Appendix D of the February 2017 Louisiana Regional Haze SIP 
submittal.
    \15\ Entergy's CAMx modeling included model results for Michoud, 
Little Gypsy, R.S. Nelson, Ninemile Point, Willow Glen, and 
Waterford.
    \16\ Texas was the only state that developed a modeling 
protocol, which EPA approved, to screen sources using CAMx. Texas 
had over 120 BART-eligible facilities located at a wide range of 
distances to the nearest class I areas in their original Regional 
Haze SIP. CAMx modeling was appropriate in that instance due to the 
distances between sources and Class I areas and the number of 
sources. Texas worked with EPA and FLM representatives to develop 
this modeling protocol, which proscribed how the modeling was to be 
performed and what metrics had to be evaluated for determining if a 
source screened out. See Guidance for the Application of the CAMx 
Hybrid Photochemical Grid Model to Assess Visibility Impacts of 
Texas BART Sources at Class I Areas, ENVIRON International, December 
13, 2007, available in the docket for this action. EPA, the Texas 
Commission on Environmental Quality (TCEQ), and FLM representatives 
verbally approved the approach in 2006 and in email exchange with 
TCEQ representatives in February 2007 (see email from Erik Snyder 
(EPA) to Greg Nudd of TCEQ Feb. 13, 2007 and response email from 
Greg Nudd to Erik Snyder Feb. 15, 2007, available in the docket for 
this action).
    \17\ See Response to Comments in Appendix A of the 2017 
Louisiana Regional Haze SIP submittal.
    \18\ Maximum impact is defined as the maximum or1st high out of 
all modeled days (365 days in 2002).

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[[Page 32297]]

C. Reliance on CSAPR To Satisfy NOX BART

    Louisiana's February 2017 SIP revision relies on CSAPR as a BART 
alternative for NOX for EGUs. In our previous proposed 
approval of this February 2017 SIP revision,\19\ we proposed to find 
that the NOX BART requirements for all EGUs in Louisiana, 
including Nelson, will be satisfied by our determination and proposed 
for separate finalization that Louisiana's participation in CSAPR's 
ozone-season NOX program is a permissible alternative to 
source-specific NOX BART.\20\ We cannot finalize this 
portion of that proposed SIP approval action unless and until we 
finalize our separate proposed finding that CSAPR continues to provide 
for greater reasonable progress than BART \21\ because finalization of 
that proposal provides the basis for Louisiana to rely on CSAPR 
participation as an alternative to source-specific EGU BART for 
NOX. If for some reason our proposed approval of LDEQ's 
reliance on CSAPR as a BART alternative cannot be finalized, source-by-
source BART analyses for NOX will be required for all 
subject-to-BART EGUs in Louisiana, including Nelson.
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    \19\ 82 FR 22936.
    \20\ Id, at 22943.
    \21\ 81 FR 78954.
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D. Louisiana's Five-Factor Analyses for SO2 and PM BART for 
Nelson

    In determining BART, the state must consider the five statutory 
factors in section 169A of the CAA: (1) The costs of compliance; (2) 
the energy and non-air quality environmental impacts of compliance; (3) 
any existing pollution control technology in use at the source; (4) the 
remaining useful life of the source; and (5) the degree of improvement 
in visibility which may reasonably be anticipated to result from the 
use of such technology. See also 40 CFR 51.308(e)(1)(ii)(A). All units 
that are subject to BART must undergo a BART analysis. The BART 
Guidelines break the analysis down into five steps: \22\
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    \22\ 70 FR 39103, 39164 (July 6, 2005) [40 CFR 51, App. Y].
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    STEP 1--Identify All Available Retrofit Control Technologies,
    STEP 2--Eliminate Technically Infeasible Options,
    STEP 3--Evaluate Control Effectiveness of Remaining Control 
Technologies,
    STEP 4--Evaluate Impacts and Document the Results, and
    STEP 5--Evaluate Visibility Impacts.
    As mentioned previously, we disapproved portions of Louisiana's 
2008 Regional Haze SIP due to the State's reliance on CAIR as an 
alternative to source-by-source BART for EGUs.\23\ Following our 
limited disapproval, LDEQ worked closely with Louisiana's BART eligible 
EGUs, including Nelson, and with us to revise its Regional Haze SIP, 
which resulted in the submittal of its February and June 2017 SIP 
revisions addressing BART for Nelson. Although the February 2017 SIP 
revision addressed Nelson, we did not propose to take action on the 
SO2 and PM BART for Nelson in our May 19, 2017 proposed 
approval.\24\ Louisiana's February 2017 SIP revision relies on CSAPR 
participation as an alternative to source-specific EGU BART for 
NOX. The June 2017 SIP revision includes additional 
information that the State used to evaluate BART for the Nelson 
facility. Nelson has three BART-eligible steam generating units: Unit 
4, Unit 4 Auxiliary Boiler, and Unit 6.
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    \23\ 77 FR 33642.
    \24\ 82 FR 22936.
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    Unit 4 is permitted to combust natural gas, No. 2, No. 4 and No. 6 
fuel oils, and refinery fuel gas. Unit 4 has a maximum heat-rated 
capacity of 5,400 MMBtu/hour and exhausts out of one stack. It has flue 
gas recirculation equipment installed for control of NOX 
emissions. The Unit 4 Auxiliary Boiler is permitted to burn natural gas 
and fuel oil.
    Unit 6 burns coal as its primary fuel and No. 2 and No. 4 fuel oils 
as secondary fuels. Unit 6 has a maximum heat-rated capacity of 6,216 
MMBtu/hour and exhausts out of one stack. It has an electrostatic 
precipitator (ESP) with flue gas conditioning for control of PM 
emissions. Unit 6 has installed Separated Overfire Air Technology 
(SOFA) and a Low NOX Concentric Firing System (LNCFS) for 
NOX control. Entergy submitted a BART screening analysis to 
us and the LDEQ on August 31, 2015, and a BART five-factor analysis 
dated November 9, 2015, revised April 15, 2016, in response to an 
information request.\25\ These analyses were adopted and incorporated 
into Louisiana's February 2017 SIP revision (Appendix D). As part of 
our effort to assist the State, we submitted a draft analysis of 
Entergy's CALPUFF and CAMx modeling, our own draft CAMx and CALPUFF 
modeling, and our own draft cost analysis for Nelson to LDEQ. These 
analyses were adopted and incorporated into Louisiana's June 2017 SIP 
revision (Appendix F).
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    \25\ Letter from Wren Stenger, Director, Multimedia Planning and 
Permitting Division, EPA Region 6, to Renee Masinter, Entergy 
Louisiana (May 19, 2015); letter from Wren Stenger to Paul Castanon, 
Entergy Gulf States (May 19, 2015; and letter from Wren Stenger to 
Marcus Brown, Entergy New Orleans (May 19, 2015).
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Unit 4 and Unit 4 Auxiliary Boiler
    These units are currently permitted to burn natural gas and fuel 
oil. However, Entergy has not burned fuel oil at either unit in several 
years. Further, Entergy has no current operational plans to burn fuel 
oil. The LDEQ did not conduct a five-factor BART analysis for these 
units. The preamble to the BART Guidelines states: \26\
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    \26\ 70 FR 39116.

    Consistent with the CAA and the implementing regulations, States 
can adopt a more streamlined approach to making BART determinations 
where appropriate. Although BART determinations are based on the 
totality of circumstances in a given situation, such as the distance 
of the source from a Class I area, the type and amount of pollutant 
at issue, and the availability and cost of controls, it is clear 
that in some situations, one or more factors will clearly suggest an 
outcome. Thus, for example, a State need not undertake an exhaustive 
analysis of a source's impact on visibility resulting from 
relatively minor emissions of a pollutant where it is clear that 
controls would be costly and any improvements in visibility 
resulting from reductions in emissions of that pollutant would be 
negligible. In a scenario, for example, where a source emits 
thousands of tons of SO2 but less than one hundred tons 
of NOX, the State could easily conclude that requiring 
expensive controls to reduce NOX would not be 
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appropriate.

    The SO2 and PM emissions from gas-fired units are 
inherently low,\27\ so the installation of any additional PM or 
SO2 controls on this unit would likely achieve very small 
emissions reductions and have minimal visibility benefits.
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    \27\ AP 42, Fifth Edition, Volume 1, Chapter 1: External 
Sources, Section 1.4, Natural Gas Combustion, available here: 
https://www3.epa.gov/ttn/chief/ap42/ch01/final/c01s04.pdf.
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    To address SO2 and PM BART for Unit 4 and the Unit 4 
Auxiliary boiler, the June 2017 SIP revision precludes fuel-oil 
combustion at these units. To make the prohibition on fuel-oil usage 
enforceable, Entergy and the LDEQ intend to enter an Administrative 
Order on Consent (AOC), included in the June 2017 SIP revision, that 
establishes the following requirement:

    Before fuel oil firing is allowed to take place at Unit 4, and 
the auxiliary boiler at the Facility, a revised BART determination 
must be promulgated for SO2 and PM for the fuel oil 
firing scenario through a FIP or an action by the LDEQ as a SIP 
revision and approved by the EPA such that the action will become 
federally enforceable.

    We propose to approve the AOC as sufficient to meet the 
SO2 and PM BART requirements for Unit 4 and the Unit 4 
Auxiliary Boiler. If we finalize our

[[Page 32298]]

approval of the AOC, it will become federally enforceable for purposes 
of regional haze.
Unit 6
Identification of Controls
    In assessing SO2 BART in the February 2017 SIP revision 
(Appendix D), Entergy considered the five BART factors. In assessing 
feasible control technologies and their effectiveness, Entergy 
considered low-sulfur coal, Dry Sorbent Injection (DSI), an enhanced 
DSI system, dry scrubbing (spray dry absorption, or SDA), and wet 
scrubbing (wet flue gas desulfurization, or wet FGD).
    DSI is performed by injecting a dry reagent into the hot flue gas, 
which chemically reacts with SO2 and other gases to form a 
solid product that is subsequently captured by the particulate control 
device. We agree with the LDEQ that no technical feasibility concerns 
warrant removing these controls from consideration as potential BART 
options for Unit 6.
    SO2 scrubbing techniques utilize a large dedicated 
vessel in which the chemical reaction between the sorbent \28\ and 
SO2 takes place either completely or in large part. In 
contrast to DSI systems, SO2 scrubbers add water to the 
sorbent when introduced to the flue gas. The two predominant types of 
SO2 scrubbing employed at coal-fired EGUs are limestone wet 
FGD and lime SDA. These controls are in wide use and have been 
retrofitted to a variety of boiler types and plant configurations. We 
agree with the LDEQ that no technical feasibility concerns warrant 
removing these controls from consideration as potential BART options 
for Unit 6.
---------------------------------------------------------------------------

    \28\ Limestone is the most common sorbent used in wet scrubbing, 
while lime is the most common sorbent used in dry scrubbing.
---------------------------------------------------------------------------

    Utilization of coal with a lower sulfur content will also result in 
a reduction in SO2 emissions. Thus, Entergy identified 
switching to a lower sulfur coal in order to meet an emission limit of 
0.6 lb/MMBtu as a potential BART control option. We note that the BART 
Guidelines do not require states to consider fuel supply changes as a 
potential control option,\29\ but states are free to do so at their 
discretion.
---------------------------------------------------------------------------

    \29\ 40 CFR part 51, Appendix Y, Section IV.D.1.5, ``STEP 1: How 
do I identify all available retrofit emission control techniques?''
---------------------------------------------------------------------------

Control-Effectiveness
    Entergy assessed SDA and wet FGD as being capable of achieving 
SO2 emission rates of 0.06 lb/MMBtu and 0.04 lb/MMBtu, 
respectively. As we discuss in the TSD, based on review of IPM 
documentation, industry publications, and real-world monitoring data, 
we agree with the LDEQ that 98% control efficiency for wet FGD and 95% 
control efficiency for SDA are reasonable assumptions and consistent 
with the emission rates identified by Entergy.
    Entergy determined that DSI could achieve an SO2 
emission rate of 0.47 lb/MMBtu when coupled with the existing Unit 6 
ESP and that enhanced DSI could achieve an SO2 emission rate 
of 0.19 lb/MMBtu when coupled with a new fabric filter. Finally, 
Entergy determined that switching to a lower sulfur coal could reduce 
the SO2 emission rate at Unit 6 to approximately 0.6 lb/
MMBtu.
Impact Analysis
    Entergy presented cost-effectiveness figures for each control they 
evaluated. Entergy estimated that the cost-effectiveness of switching 
to lower sulfur coal (LSC) would be $597/ton of emissions removed, the 
cost-effectiveness of DSI would be $5,590/ton, the cost-effectiveness 
of enhanced DSI would be $5,611/ton, the cost-effectiveness of SDA 
would be $4,536/ton, and the cost-effectiveness of wet FGD would be 
$4,413/ton. See Appendix D of the February 2017 Louisiana Regional Haze 
SIP. In general, Entergy's DSI and scrubber cost calculations were 
based on a propriety database, so we were unable to verify any of the 
company's costs. We solicit comment with respect to any information 
that would support or refute the undocumented costs in Entergy's 
evaluation. We also note that Entergy's control cost estimates included 
costs not allowed under our Control Cost Manual (e.g., escalation 
during construction and owner's costs).\30\ Entergy also assumed a 
contingency of 25%, which we note is unusually high. The lack of 
documentation aside, removing the disallowed costs and adjusting the 
contingency to a more reasonable value of 10% significantly improves 
(lower $/ton) Entergy's cost-effectiveness estimates. For instance, 
assuming the same SO2 baseline as we used in our 
analyses,\31\ Entergy's SDA cost-effectiveness would improve from a 
value of $5,094/ton to $4,154/ton.
---------------------------------------------------------------------------

    \30\ As noted in our letter to Kelly McQueen of Entergy on March 
16, 2016, we requested documentation for the Nelson Unit 6 cost 
analyses. Entergy replied on April 15, 2016, but did not supply any 
additional site specific documentation.
    \31\ Our SO2 baseline, used in all of our cost-
effectiveness calculations (including our adjustment of Entergy's 
cost analyses), was obtained from eliminating the max and min of the 
Nelson Unit 6 annual SO2 emissions from 2012-2016, and 
averaging the SO2 emissions from the remaining years.
---------------------------------------------------------------------------

    Regarding the cost to switch to lower sulfur coal, Entergy states 
that its $597/ton cost-effectiveness value is based on a lower sulfur 
coal premium of $0.50/ton, but Entergy does not provide any 
documentation to support this figure. We examined information regarding 
Entergy's coal purchases for Nelson Unit 6 from the Energy Information 
Administration. This information indicated that, although there is some 
variability in the data, the premium Entergy has historically paid for 
lower sulfur coal has averaged higher than $0.50/ton.\32\ We solicit 
comments on Entergy's $0.50/ton figure.
---------------------------------------------------------------------------

    \32\ We calculated a premium of $2.48 based on a review of coal 
purchase data for 2016 from EIA. See the TSD for additional 
information.
---------------------------------------------------------------------------

    Because of these issues, we developed our own control cost 
analyses, which we present in our TSD. Table 1 summarizes the results 
of our analyses. For our cost-effectiveness calculations, we used a 
SO2 baseline constructed from annual SO2 
emissions from the 2012-2016 period.\33\ LDEQ incorporated our cost 
analysis into Appendix F of its June 2017 SIP revision along with 
Entergy's cost analysis.
---------------------------------------------------------------------------

    \33\ Our SO2 baseline, used in all of our cost-
effectiveness calculations (including our adjustment of Entergy's 
cost analyses), was obtained from eliminating the max and min of the 
Nelson Unit 6 annual SO2 emissions from 2012-2016, and 
averaging the SO2 emissions from the remaining years.

                                                         Table 1--Summary of EPA's Cost Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               2016
                                                                                           SO2 reduction    2016 Total      2016 Cost-      Incremental
                   Unit                                Control             Control level       (tpy)        annualized     effectiveness       cost-
                                                                                (%)                            cost           ($/ton)      effectiveness
                                                                                                                                             ($/ton) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nelson Unit 6.............................  Low-Sulfur Coal.............            11.3           1,149      $3,397,281          $2,957          $2,957
                                            DSI.........................              50           5,082      18,180,195           3,578           3,759

[[Page 32299]]

 
                                            SDA.........................           92.11           9,361      25,332,736           2,706           1,671
                                            Wet FGD.....................           94.74           9,628      26,409,798           2,743           4,027
--------------------------------------------------------------------------------------------------------------------------------------------------------
* For low-sulfur coal, the incremental $/ton is relative to use of coal typically used by the source in the past. For each remaining control,
  incremental $/ton is relative to the control in the row above.

    In assessing energy impacts, Entergy identified additional power 
requirements associated with operating DSI, SDA, and wet FGD. 
Documentation issues aside, these auxiliary-power costs were accounted 
for in the variable operating costs in the cost evaluation. Entergy did 
not identify any energy impacts associated with switching to a lower 
sulfur coal. We agree with LDEQ's identification of the energy impacts 
associated with each of the control options.
    In assessing non-air quality environmental impacts, Entergy noted 
that DSI, SDA, and wet FGD would add spent reagent to the waste stream 
generated by the facility. Entergy accounted for these waste-disposal 
costs in the variable operating costs in the cost evaluation. See our 
TSD for further information. Entergy did not identify any non-air 
quality environmental impacts associated with switching to a lower 
sulfur coal. We agree with LDEQ's identification of the non-air quality 
environmental impacts associated with each of the control options.
    In assessing remaining useful life, Entergy indicated this factor 
did not impact the evaluation of controls as there is no enforceable 
commitment in place to retire Unit 6. We agree with LDEQ that Entergy's 
use of a 30-year equipment life for the DSI, SDA, and wet FGD cost 
evaluations, which is consistent with the Control Cost Manual, was 
therefore appropriate.
    In assessing visibility impacts, Entergy evaluated the visibility 
impacts and potential benefits of each control option (See Appendix D 
for Entergy's visibility BART analysis for Nelson Unit 6). However, 
Entergy's CALPUFF modeling included errors in its estimates of sulfuric 
acid and PM emissions.\34\ EPA performed CALPUFF modeling to correct 
for these errors (See CALPUFF Modeling TSD). The LDEQ incorporated our 
modeling, among other things, into the June 2017 SIP revision (Appendix 
F) and considered it along with the visibility analysis developed by 
Entergy. As we discuss above and in the CAMx Modeling TSD, Entergy also 
provided additional screening modeling results using CAMx to support 
its conclusion that visibility impacts from Unit 6 are minimal. 
However, this modeling was not conducted in accordance with the BART 
Guidelines and does not properly assess maximum baseline impacts, so we 
consider this CAMx modeling provided by Entergy to be invalid for 
supporting a determination of minimal visibility impacts. We performed 
our own CAMx modeling that follows the BART Guidelines and uses 
appropriate techniques and metrics to provide additional information on 
visibility impacts and benefits and to address possible concerns with 
utilizing CALPUFF to assess visibility impacts at Class I areas located 
farther from the emission sources. The LDEQ also incorporated this 
information into the June 2017 SIP revision (Appendix F) and considered 
it along with the visibility analysis developed by Entergy.
---------------------------------------------------------------------------

    \34\ See the CALPUFF Modeling TSD for discussion of these errors 
and corrected values.
---------------------------------------------------------------------------

    EPA's CAMx modeling for Unit 6 directly evaluated the maximum 
baseline visibility impacts and potential benefits from DSI. In 
addition to the DSI modeled benefits, visibility benefits for SDA, wet 
FGD, and low-sulfur coal were estimated based on linear extrapolation 
for the average across the top ten impacted days using the modeled 
baseline and DSI visibility impacts, and estimated emission reductions. 
We note that the baseline emission rate modeled is based on 24-hr 
actual emissions during the baseline period (2000-2004), while the 
control scenario emission rates are based on anticipated 30-day 
emission rates, as noted in the table below. At a maximum heat input of 
6,126 MMBtu/hr for the boiler, the baseline short-term emission rate is 
approximately 1.2 lb/MMBtu for the 2000-2004 baseline. The results of 
this modeling for the maximum-impact day and the average across the top 
ten most impacted baseline days are summarized in Table 2. We note that 
wet FGD is estimated to provide a very small visibility benefit over 
SDA on average across the top ten most impacted baseline days, so we do 
not show the results for wet FGD in this table. See the CAMx Modeling 
TSD for a full description of the modeling and model results.

                                                  Table 2--Summary of EPA's Visibility Analysis (CAMx)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Visibility     Visibility benefit of controls over baseline
                                                                             Baseline       benefit of        (dv) average for top ten impacted days
                                                             Baseline       Impact (dv)    controls over -----------------------------------------------
                      Class I area                          impact \a\     (average for    baseline (dv)
                                                               (dv)           top ten     maximum impact    Low-sulfur
                                                             (maximum)    impacted days) ----------------    coal \c\         DSI \d\         SDA \e\
                                                                                              DSI \b\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Breton..................................................           0.599           0.314           0.250           0.133           0.165           0.266
Caney Creek.............................................           2.179           1.302           1.187           0.411           0.511           0.831
Mingo...................................................           1.468           0.785           0.370           0.215           0.265           0.430
Upper Buffalo...........................................           1.219           0.934           0.374           0.330           0.408           0.663
Hercules-Glade..........................................           1.287           0.777           0.473           0.273           0.338           0.548

[[Page 32300]]

 
Wichita Mountains.......................................           0.575           0.412           0.287           0.180           0.223           0.360
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ 2000-2004 baseline.
\b\ DSI at 0.47 lb/MMBtu.
\c\ Low-Sulfur Coal benefit (at 0.6 lb/MMBtu, estimated based on linear extrapolation of baseline and DSI visibility impacts at each Class I area.
\d\ DSI at 0.47 lb/MMBtu.
\e\ SDA at 0.06 lb/MMBtu, estimated based on linear extrapolation of baseline and DSI visibility impacts at each Class I area.

Louisiana's SO2 BART Determination for Nelson Unit 6
    The LDEQ weighed the statutory factors, reviewed Entergy's and 
EPA's information, and concluded that SO2 BART is an 
emission limit of 0.6 lbs/MMBtu based on a 30-day rolling average, 
consistent with the use of lower-sulfur coal. The LDEQ acknowledged 
that the visibility benefits of SDA and wet FGD are larger than those 
associated with lower-sulfur coal, but explained that lower-sulfur coal 
still achieves some visibility benefits and at a lower annual cost. The 
LDEQ also noted that SDA and wet FGD create additional waste due to 
spent reagent and have additional power demands to run the equipment.
Louisiana's PM BART Determination for Nelson Unit 6
    The LDEQ noted that Nelson Unit 6 is currently equipped with an ESP 
to control PM emissions, the visibility impacts from PM emissions are 
small, and that any additional controls beyond the ESP would have 
minimal visibility benefits and would not be cost-effective. Therefore, 
the LDEQ determined that PM BART is an emission limit of 317.61 lb/hr, 
consistent with the use of the existing ESP.
Our Review of Louisiana's BART Determination for Nelson Unit 6
    We propose to approve LDEQ's proposed finding in the June 2017 SIP 
revision that the visibility impacts from Unit 6's PM emissions are so 
minimal that any additional PM controls would result in very minimal 
visibility benefits that would not justify the cost of any upgrades 
and/or operational changes needed to achieve a more stringent emission 
limit. Unit 6 is currently equipped with an ESP for controlling PM 
emissions. The PM control efficiency of ESPs varies somewhat with the 
design of the ESP, the resistivity of the PM, and the maintenance of 
the ESP. We do not have information on the control efficiency of the 
ESP in use at Unit 6. However, reported control efficiencies for well-
maintained ESPs typically range from greater than 99% to 99.9%.\35\ We 
consider this pertinent in concluding that the potential additional PM 
control that a baghouse could offer over an ESP would be very minimal 
and come at a very high cost.\36\ Also, our visibility modeling 
indicates that the impact from Unit 6's baseline PM emissions is very 
small, so the visibility improvement from replacing the ESP with a 
baghouse would be only a fraction of that small impact.\37\ As 
discussed above, states can adopt a more streamlined approach to making 
BART determinations where appropriate. We therefore propose to agree 
with Louisiana that no additional controls are required to satisfy PM 
BART. In the June 2017 SIP revision, the LDEQ and Entergy have proposed 
to enter into an AOC establishing an enforceable limit on 
PM10 consistent with current controls at 317.61 lb/hr on a 
30-day rolling basis. We are proposing to approve this AOC if it is 
finalized without significant changes and included in the final 
submittal.
---------------------------------------------------------------------------

    \35\ EPA, ``Air Pollution Control Technology Fact Sheet: Dry 
Electrostatic Precipitator (ESP)--Wire Plate Type,'' EPA-452/F-03-
028. Grieco, G., ``Particulate Matter Control for Coal-fired 
Generating Units: Separating Perception from Fact,'' apcmag.net, 
February, 2012. Moretti, A. L.; Jones, C. S., ``Advanced Emissions 
Control Technologies for Coal-Fired Power Plants, Babcox and Wilcox 
Technical Paper BR-1886, Presented at Power-Gen Asia, Bangkok, 
Thailand, October 3-5, 2012.
    \36\ We do not discount the potential health benefits this 
additional control can have for ambient PM. However, the regional 
haze program is only concerned with improving the visibility at 
Class I areas.
    \37\ See the TSD for additional information.
---------------------------------------------------------------------------

    We are also proposing to approve the LDEQ's February 2017 SIP 
revision as revised by the LDEQ's June 2017 SIP revision that addresses 
BART for the Nelson facility, including the State's proposed finding 
that lower sulfur coal is the appropriate SO2 BART control 
for Unit 6. LDEQ has weighed the statutory factors and after a review 
of both Entergy's and EPA's information has concluded that BART is the 
emission limit of 0.6 lbs/MMBtu based on a 30-day rolling average as 
defined in the AOC. The LDEQ and Entergy have proposed to enter into an 
AOC establishing an enforceable limit of SO2 at 0.6 lbs/
MMBtu on a 30-day rolling basis. The emission limit will become 
enforceable upon EPA's final approval of the SIP. We are proposing to 
approve this AOC if finalized without significant changes and if it is 
included in the final submittal.
    As the energy industry evolves, the LDEQ has committed to continue 
to work with EGUs throughout Louisiana to evaluate the operation of 
utilities. As such, the LDEQ will engage in discussions with Entergy 
about any potential changes in usage or emission rates at the Nelson 
facility. Any such changes will be considered for reasonable progress 
for future planning periods as appropriate.

III. Proposed Action

    We are proposing to approve the remaining portion of the 
Louisiana's Regional Haze SIP revision submitted on February 10, 2017, 
related to the Entergy Nelson facility and the SIP revision submitted 
to the EPA for parallel processing on June 20, 2017 that establishes 
BART for the Nelson facility. We propose to approve the BART 
determination for Nelson Units 6 and 4 and Unit 4 auxiliary boiler, and 
the AOC that makes emission limits that represent BART permanent and 
enforceable for the purposes of regional haze. We solicit comment with 
respect to any information that would support or refute the 
undocumented costs in Entergy's evaluation for SO2 controls 
on Unit 6. Once we take final action on our proposed approval of 
Louisiana's 2016 SIP revision addressing non-EGU

[[Page 32301]]

BART,\38\ our proposed approval addressing BART for all other BART-
eligible EGUs \39\ and this proposal to address SO2 and PM 
BART for the Nelson facility, we will have fulfilled all outstanding 
obligations with respect to the Louisiana regional haze program for the 
first planning period.
---------------------------------------------------------------------------

    \38\ 81 FR 74750 (October 27, 2016).
    \39\ 82 FR 22936 (May 19, 2017).
---------------------------------------------------------------------------

    The EPA has made the preliminary determination that the June 2017 
SIP revision requested by the State to be parallel processed is in 
accordance with the CAA and consistent with the CAA and the EPA's 
policy and guidance. Therefore, the EPA is proposing action on the June 
2017 SIP revision in parallel with the State's rulemaking process. 
After the State completes its rulemaking process, adopts its final 
regulations, and submits these final adopted regulations as a revision 
to the Louisiana SIP, the EPA will prepare a final action. If changes 
are made to the State's proposed rule after the EPA's notice of 
proposed rulemaking, such changes must be acknowledged in the EPA's 
final rulemaking action. If the changes are significant, then the EPA 
may be obligated to withdraw our initial proposed action and re-
propose.

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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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 this action does not involve technical standards; 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 proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
dioxides, Visibility, Interstate transport of pollution, Regional haze, 
Best available control technology.

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

    Dated: June 23, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-14693 Filed 7-12-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                   32294                    Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                      In addition, the SIP is not approved                  www.regulations.gov or via email to R6_                  D. Louisiana’s Five-Factor Analyses for
                                                   to apply on any Indian reservation land                  LA_BART@epa.gov. Follow the online                          SO2 and PM BART for Nelson
                                                   or in any other area where the EPA or                    instructions for submitting comments.                 III. Proposed Action
                                                                                                                                                                  IV. Statutory and Executive Order Reviews
                                                   an Indian tribe has demonstrated that a                  Once submitted, comments cannot be
                                                   tribe has jurisdiction. In those areas of                edited or removed from Regulations.gov.               I. Background
                                                   Indian country, the proposed rule does                   The EPA may publish any comment
                                                                                                                                                                  A. The Regional Haze Program
                                                   not have tribal implications and will not                received to its public docket. Do not
                                                   impose substantial direct costs on tribal                submit electronically any information                    Regional haze is visibility impairment
                                                   governments or preempt tribal law as                     you consider to be Confidential                       that is produced by a multitude of
                                                   specified by Executive Order 13175 (65                   Business Information (CBI) or other                   sources and activities that are located
                                                   FR 67249, November 9, 2000).                             information whose disclosure is                       across a broad geographic area and emit
                                                                                                            restricted by statute. Multimedia                     fine particulates (PM2.5) (e.g., sulfates,
                                                   List of Subjects in 40 CFR Part 52                                                                             nitrates, organic carbon (OC), elemental
                                                                                                            submissions (audio, video, etc.) must be
                                                     Environmental protection, Air                          accompanied by a written comment.                     carbon (EC), and soil dust), and their
                                                   pollution control, Ammonia,                              The written comment is considered the                 precursors (e.g., sulfur dioxide (SO2),
                                                   Incorporation by reference,                              official comment and should include                   nitrogen oxides (NOX), and in some
                                                   Intergovernmental relations, Nitrogen                    discussion of all points you wish to                  cases, ammonia (NH3) and volatile
                                                   dioxide, Particulate matter, Reporting                   make. The EPA will generally not                      organic compounds (VOCs)). Fine
                                                   and recordkeeping requirements, Sulfur                   consider comments or comment                          particle precursors react in the
                                                   dioxide, Volatile organic compounds.                     contents located outside of the primary               atmosphere to form PM2.5, which
                                                      Authority: 42 U.S.C. 7401 et seq.                     submission (i.e. on the web, cloud, or                impairs visibility by scattering and
                                                                                                            other file sharing system). For                       absorbing light. Visibility impairment
                                                     Dated: June 30, 2017.                                                                                        reduces the clarity, color, and visible
                                                                                                            additional submission methods, please
                                                   Debra H. Thomas,                                                                                               distance that can be seen. PM2.5 can also
                                                                                                            contact Jennifer Huser, huser.jennifer@
                                                   Acting Regional Administrator, Region 8.                 epa.gov. For the full EPA public                      cause serious adverse health effects and
                                                   [FR Doc. 2017–14748 Filed 7–12–17; 8:45 am]              comment policy, information about CBI                 mortality in humans; it also contributes
                                                   BILLING CODE 6560–50–P                                   or multimedia submissions, and general                to environmental effects such as acid
                                                                                                            guidance on making effective                          deposition and eutrophication.
                                                                                                                                                                     Data from the existing visibility
                                                                                                            comments, please visit http://
                                                   ENVIRONMENTAL PROTECTION                                                                                       monitoring network, ‘‘Interagency
                                                                                                            www2.epa.gov/dockets/commenting-
                                                   AGENCY                                                                                                         Monitoring of Protected Visual
                                                                                                            epa-dockets.
                                                                                                                                                                  Environments’’ (IMPROVE), shows that
                                                   40 CFR Part 52                                              Docket: The index to the docket for                visibility impairment caused by air
                                                                                                            this action is available electronically at            pollution occurs virtually all the time at
                                                   [EPA–R06–OAR–2017–0129; FRL–9964–20–                     www.regulations.gov and in hard copy
                                                   Region 6]                                                                                                      most national parks and wilderness
                                                                                                            at the EPA Region 6, 1445 Ross Avenue,                areas. In 1999, the average visual range
                                                                                                            Suite 700, Dallas, Texas. While all                   in many Class I areas (i.e., national
                                                   Approval and Promulgation of
                                                                                                            documents in the docket are listed in                 parks and memorial parks, wilderness
                                                   Implementation Plans; Louisiana;
                                                                                                            the index, some information may be                    areas, and international parks meeting
                                                   Regional Haze State Implementation
                                                                                                            publicly available only at the hard copy              certain size criteria) in the western
                                                   Plan
                                                                                                            location (e.g., copyrighted material), and            United States was 100–150 kilometers,
                                                   AGENCY:  Environmental Protection                        some may not be publicly available at                 or about one-half to two-thirds of the
                                                   Agency (EPA).                                            either location (e.g., CBI).                          visual range that would exist without
                                                   ACTION: Proposed rule.                                   FOR FURTHER INFORMATION CONTACT:                      anthropogenic air pollution. In most of
                                                                                                            Jennifer Huser, 214–665–7347,                         the eastern Class I areas of the United
                                                   SUMMARY:   Pursuant to the Federal Clean                                                                       States, the average visual range was less
                                                                                                            huser.jennifer@epa.gov. To inspect the
                                                   Air Act (CAA or the Act), the                                                                                  than 30 kilometers, or about one-fifth of
                                                                                                            hard copy materials, please schedule an
                                                   Environmental Protection Agency (EPA)                                                                          the visual range that would exist under
                                                                                                            appointment with Jennifer Huser or Mr.
                                                   is proposing to approve for the Entergy                                                                        estimated natural conditions. CAA
                                                                                                            Bill Deese at 214–665–7253.
                                                   R. S. Nelson facility (Nelson) (1) a                                                                           programs have reduced some haze-
                                                   portion of a revision to the Louisiana                   SUPPLEMENTARY INFORMATION:
                                                                                                            Throughout this document wherever                     causing pollution, lessening some
                                                   Regional Haze State Implementation                                                                             visibility impairment and resulting in
                                                   Plan (SIP) submitted on February 20,                     ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                            the EPA.                                              partially improved average visual
                                                   2017; and (2) a revision submitted for                                                                         ranges.
                                                   parallel processing on June 20, 2017, by                 Table of Contents                                        CAA requirements to address the
                                                   the State of Louisiana through the                                                                             problem of visibility impairment
                                                   Louisiana Department of Environmental                    I. Background
                                                                                                               A. The Regional Haze Program                       continue to be implemented. In Section
                                                   Quality (LDEQ). Specifically, the EPA is                                                                       169A of the 1977 Amendments to the
                                                                                                               B. Our Previous Actions and Our Proposed
                                                   proposing to approve these two                                 Action on Louisiana Regional Haze               CAA, Congress created a program for
                                                   revisions, which address the Best                        II. Our Evaluation of Louisiana’s BART                protecting visibility in the nation’s
                                                   Available Retrofit Technology
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                                                                                  Analysis for Nelson                             national parks and wilderness areas.
                                                   requirement of Regional Haze for Nelson                     A. Identification of Nelson as a BART-             This section of the CAA establishes as
                                                   for sulfur-dioxide (SO2) and particulate-                      Eligible Source                                 a national goal the prevention of any
                                                   matter (PM).                                                B. Evaluation of Whether Nelson Is Subject         future, and the remedying of any
                                                   DATES: Written comments must be                                to BART
                                                                                                               1. Visibility Impairment Threshold
                                                                                                                                                                  existing, man-made impairment of
                                                   received on or before August 14, 2017.                      2. CALPUFF Modeling to Screen Sources              visibility in 156 national parks and
                                                   ADDRESSES: Submit your comments,                            3. Nelson is Subject to BART                       wilderness areas designated as
                                                   identified by Docket No. EPA–R06–                           C. Reliance on CSAPR To Satisfy NOX                mandatory Class I Federal areas. On
                                                   OAR–2017–0129, at http://                                      BART                                            December 2, 1980, the EPA promulgated


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                                                                            Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                                      32295

                                                   regulations to address visibility                        to adopt an emissions trading program                   changes are made to the State’s
                                                   impairment in Class I areas that is                      or other alternative program as long as                 proposed rule after the EPA’s notice of
                                                   ‘‘reasonably attributable’’ to a single                  the alternative provides for greater                    proposed rulemaking, such changes
                                                   source or small group of sources, i.e.,                  progress towards improving visibility                   must be acknowledged in the EPA’s
                                                   ‘‘reasonably attributable visibility                     than BART.                                              final rulemaking action. If the changes
                                                   impairment.’’ These regulations                                                                                  are significant, then the EPA may be
                                                                                                            B. Our Previous Actions and Our
                                                   represented the first phase in addressing                                                                        obligated to withdraw our initial
                                                                                                            Proposed Action on Louisiana Regional
                                                   visibility impairment. The EPA deferred                                                                          proposed action and re-propose. If there
                                                                                                            Haze
                                                   action on regional haze that emanates                                                                            are no changes to the parallel-processed
                                                   from a variety of sources until                             On June 13, 2008, Louisiana                          version, EPA would proceed with final
                                                   monitoring, modeling, and scientific                     submitted a SIP to address regional haze                rulemaking on the version finally
                                                   knowledge about the relationships                        (2008 Louisiana Regional Haze SIP or                    adopted by Louisiana and submitted to
                                                   between pollutants and visibility                        2008 SIP revision). We acted on that                    EPA, as appropriate after consideration
                                                   impairment were improved.                                submittal in two separate actions. Our                  of public comments.
                                                      Congress added section 169B to the                    first action was a limited disapproval 1
                                                   CAA in 1990 to address regional haze                     because of deficiencies in the State’s                  II. Our Evaluation of Louisiana’s BART
                                                   issues, and the EPA promulgated                          regional haze SIP submittal arising from                Analysis for Nelson
                                                   regulations addressing regional haze in                  the remand by the U.S. Court of Appeals                    Nelson is located in Westlake,
                                                   1999. The Regional Haze Rule revised                     for the District of Columbia of the Clean               Calcasieu Parish, Louisiana. The nearest
                                                   the existing visibility regulations to add               Air Interstate Rule (CAIR). Our second                  Class I areas are Breton National
                                                   provisions addressing regional haze                      action was a partial limited approval/                  Wilderness Area in Louisiana, located
                                                   impairment and established a                             partial disapproval 2 because the 2008                  264 miles east of the facility and Caney
                                                   comprehensive visibility protection                      SIP revision met some but not all of the                Creek Wilderness Area in Arkansas,
                                                   program for Class I areas. The                           applicable requirements of the CAA and                  located 286 miles north of the facility.
                                                   requirements for regional haze, found at                 our regulations as set forth in sections                A. Identification of Nelson as a BART-
                                                   40 CFR 51.308 and 51.309, are included                   169A and 169B of the CAA and 40 CFR                     Eligible Source
                                                   in our visibility protection regulations at              51.300–308, but as a whole, the 2008
                                                   40 CFR 51.300–309. The requirement to                    SIP revision strengthened the SIP. On                      In our partial disapproval and partial
                                                   submit a regional haze SIP applies to all                August 11, 2016, Louisiana submitted a                  limited approval of the 2008 Louisiana
                                                   50 states, the District of Columbia, and                 SIP revision to address the deficiencies                Regional Haze SIP, we approved the
                                                   the Virgin Islands. States were required                 related to BART for four non-EGU                        LDEQ’s identification of 76 BART-
                                                   to submit the first implementation plan                  facilities. We proposed to approve that                 eligible sources, which included
                                                   addressing regional haze visibility                      revision on October 27, 2016.3                          Nelson.5 Nelson is a fossil-fuel steam
                                                   impairment no later than December 17,                       On February 10, 2017, Louisiana                      electric power generating facility and
                                                   2007.                                                    submitted a SIP revision intended to                    operates three BART-eligible steam
                                                      Section 169A of the CAA directs                       address the deficiencies related to BART                generating units: Unit 4, Unit 4
                                                   states to evaluate the use of retrofit                   for EGU sources (February 2017                          Auxiliary Boiler, and Unit 6.
                                                   controls at certain larger, often under-                 Louisiana Regional Haze SIP or                          B. Evaluation of Whether Nelson Is
                                                   controlled, older stationary sources in                  February 2017 SIP revision). We                         Subject to BART
                                                   order to address visibility impacts from                 proposed approval of that SIP revision
                                                   these sources. Specifically, section                     as it pertains to all of the BART-eligible                 Because Louisiana’s 2008 Regional
                                                   169A(b)(2)(A) of the CAA requires states                 EGUs in the State on May 19, 2017,                      Haze SIP relied on CAIR as a BART
                                                   to revise their SIPs to contain such                     except for Nelson, which we address                     alternative for EGUs, the submittal did
                                                   measures as may be necessary to make                     herein.4                                                not include a determination of which
                                                   reasonable progress toward the natural                      On June 20, 2017, Louisiana                          BART-eligible EGUs were subject to
                                                   visibility goal, including a requirement                 submitted a SIP revision with a request                 BART. On May 19, 2015, we sent a CAA
                                                   that certain categories of existing major                for parallel processing, specifically                   Section 114 letter to the Nelson BART-
                                                   stationary sources built between 1962                    addressing the BART requirements for                    eligible source in Louisiana. In that
                                                   and 1977 procure, install, and operate                   Nelson. (June 2017 Louisiana Regional                   letter, we noted our understanding that
                                                   the ‘‘Best Available Retrofit                            Haze SIP or June 2017 SIP revision).                    the source was actively working with
                                                   Technology’’ (BART). Larger ‘‘fossil-fuel                This revision, along with the Nelson                    the LDEQ to develop a SIP. However, in
                                                   fired steam electric plants’’ are one of                 portion of the February 20, 2017 SIP                    order to be in a position to develop a
                                                   these source categories. Under the                       revision, are the subject of this proposed              FIP should that be necessary, we
                                                   Regional Haze Rule, states are directed                  action. Parallel processing of the June                 requested information regarding the
                                                   to conduct BART determinations for                       2017 SIP revision means that, at the                    BART-eligible sources, including
                                                   ‘‘BART-eligible’’ sources that may be                    same time Louisiana is completing the                   Nelson. The Section 114 letter required
                                                   anticipated to cause or contribute to any                corresponding public comment and                        the source to conduct modeling to
                                                   visibility impairment in a Class I area.                 rulemaking process at the state level, we               determine if the source was subject to
                                                   The evaluation of BART for electric                      are proposing action on it. Because                     BART, and included a modeling
                                                   generating units (EGUs) that are located                 Louisiana has not yet finalized the June                protocol. The letter also requested that
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                                                   at fossil-fuel fired power plants having                 2017 SIP revision that we are parallel                  a BART analysis be performed in
                                                   a generating capacity in excess of 750                   processing, we are proposing to approve                 accordance with the BART Guidelines
                                                   megawatts must follow the ‘‘Guidelines                   this SIP revision in parallel with                      for Nelson if determined to be subject to
                                                   for BART Determinations Under the                        Louisiana’s rulemaking activities. If                   BART. We worked closely with the
                                                   Regional Haze Rule’’ at appendix Y to                                                                            BART-eligible facility and with the
                                                   40 CFR part 51 (hereinafter referred to                       1 77 FR 33642 (June 7, 2012).                      LDEQ to this end, and all the
                                                   as the ‘‘BART Guidelines’’). Rather than                      2 77 FR 39425 (July 3, 2012).                      information we received from the
                                                   requiring source-specific BART                                3 81 FR 74750 (October 27, 2016).

                                                   controls, states also have the flexibility                    4 82 FR 22936 (May 19, 2017).                        5 See   77 FR 11839 at 11848 (February 28, 2012).



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                                                   32296                    Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                   facility was also sent to the LDEQ. As                   deciviews to ‘contribute’ to                           consultants for Entergy. This modeling
                                                   a result, the LDEQ submitted the                         impairment.’’ 11 They further advise that              purports to demonstrate that the
                                                   February and June SIP revisions                          ‘‘States should have discretion to set an              baseline visibility impacts from
                                                   addressing BART for Nelson. The LDEQ                     appropriate threshold depending on the                 Nelson 15 are significantly less than the
                                                   provides a BART determination for each                   facts of the situation,’’ and describes                0.5 dv threshold. However, this
                                                   of the three units at the source for all                 situations in which states may wish to                 modeling was not conducted in
                                                   visibility impairing pollutants except                   exercise that discretion, mainly in                    accordance with the BART Guidelines
                                                   NOX.6 Once a list of BART-eligible                       situations in which a number of sources                or a previous modeling protocol we
                                                   sources still in operation within a state                in an area are all contributing fairly                 developed for the use of CAMx
                                                   has been compiled, the state must                        equally to the visibility impairment of a              modeling for BART screening,16 and
                                                   determine whether to make BART                           Class I area. In Louisiana’s 2008                      does not properly assess maximum
                                                   determinations for all of them or to                     Regional Haze SIP submittal, the LDEQ                  baseline impacts. Therefore, we agree
                                                   consider exempting some of them from                     used a contribution threshold of 0.5 dv                with LDEQ’s decision in the February
                                                   BART because they are not reasonably                     for determining which sources are                      2017 SIP revision to not rely on this
                                                   anticipated to cause or contribute to any                subject to BART, and we approved this                  CAMx modeling.17 See the CAMx
                                                   visibility impairment in a Class I area.                 threshold in our previous action.12                    Modeling TSD for a detailed discussion.
                                                   The BART Guidelines present several
                                                                                                            2. CALPUFF Modeling to Screen                          We also note that, for the largest
                                                   options that rely on modeling analyses
                                                                                                            Sources                                                emission sources in Louisiana, such as
                                                   and/or emissions analyses to determine
                                                                                                               The BART Guidelines recommend                       the Nelson facility, we performed our
                                                   if a source is not reasonably anticipated
                                                   to cause or contribute to visibility                     that the 24-hour average actual emission               own CAMx modeling while following
                                                   impairment in a Class I area. A source                   rate from the highest emitting day of the              the BART Guidelines and the modeling
                                                   that is not reasonably anticipated to                    meteorological period be modeled,                      protocol to provide additional
                                                   cause or contribute to any visibility                    unless this rate reflects periods of start-            information on visibility impacts and
                                                   impairment in a Class I area is not                      up, shutdown, or malfunction. The                      impairment and address possible
                                                   ‘‘subject to BART,’’ and for such                        maximum 24-hour emission rate (lb/hr)                  concerns with utilizing CALPUFF to
                                                   sources, a state need not apply the five                 for NOX and SO2 from the baseline                      assess visibility impacts at Class I areas
                                                   statutory factors to make a BART                         period (2000–2004) for the source is                   located at large distances from the
                                                   determination.7 Sources that are                         identified through a review of the daily               emission sources. Our CAMx modeling
                                                   reasonably anticipated to cause or                       emission data for each BART-eligible                   indicates that Nelson has a maximum
                                                   contribute to any visibility impairment                  unit from the EPA’s Air Markets                        impact 18 of 2.22 dv at Caney Creek,
                                                   in a Class I area are subject to BART.8                  Program Data.13 Because daily                          with 31 days out of the 365 days
                                                   For each source subject to BART, 40                      emissions are not available for PM,                    modeled exceeding 0.5 dv, and 9 days
                                                   CFR 51.308(e)(1)(ii)(A) requires that the                maximum 24-hr PM emissions are                         exceeding 1.0 dv. See the CAMx
                                                   LDEQ identify the level of control                       estimated based on permit limits,                      Modeling TSD for additional
                                                   representing BART after considering the                  maximum heat input, and AP–42                          information on the EPA’s CAMx
                                                   factors set out in CAA section                           factors, and/or stack testing. EPA                     modeling protocol, inputs, and model
                                                   169A(g)(2). To determine which sources                   conducted CALPUFF modeling and                         results.
                                                   are anticipated to contribute to visibility              provided it to LDEQ to determine
                                                   impairment, the BART Guidelines state                    whether Nelson causes or contributes to                February 2017 Louisiana Regional Haze SIP
                                                   ‘‘you can use CALPUFF or other                           visibility impairment in nearby Class I                submittal.
                                                   appropriate model to estimate the                        areas (see Appendix F of the June 2017                    15 Entergy’s CAMx modeling included model

                                                   visibility impacts from a single source at               SIP revision). See the CALPUFF                         results for Michoud, Little Gypsy, R.S. Nelson,
                                                                                                                                                                   Ninemile Point, Willow Glen, and Waterford.
                                                   a Class I area.’’9                                       Modeling TSD for additional discussion                    16 Texas was the only state that developed a
                                                                                                            on modeling protocol, model inputs,                    modeling protocol, which EPA approved, to screen
                                                   1. Visibility Impairment Threshold                       and model results for this portion of the              sources using CAMx. Texas had over 120 BART-
                                                      The preamble to the BART Guidelines                   screening analysis. The CALPUFF                        eligible facilities located at a wide range of
                                                   advise that, ‘‘for purposes of                           modeling establishes that Nelson’s                     distances to the nearest class I areas in their original
                                                                                                                                                                   Regional Haze SIP. CAMx modeling was
                                                   determining which sources are subject                    visibility impacts are above LDEQ’s                    appropriate in that instance due to the distances
                                                   to BART, States should consider a 1.0                    chosen threshold of 0.5 dv.                            between sources and Class I areas and the number
                                                   deciview 10 change or more from an                                                                              of sources. Texas worked with EPA and FLM
                                                   individual source to ‘cause’ visibility                  3. Nelson Is Subject to BART                           representatives to develop this modeling protocol,
                                                   impairment, and a change of 0.5                             The BART-eligible units at the Nelson               which proscribed how the modeling was to be
                                                                                                                                                                   performed and what metrics had to be evaluated for
                                                                                                            facility have visibility impacts greater               determining if a source screened out. See Guidance
                                                     6 We have previously proposed approval of the          than 0.5 dv. Therefore, Nelson is subject              for the Application of the CAMx Hybrid
                                                   portion of LDEQ’s February 2017 revision that relies     to BART and must undergo a five-factor                 Photochemical Grid Model to Assess Visibility
                                                   on CSAPR participation as an alternative to source-                                                             Impacts of Texas BART Sources at Class I Areas,
                                                   specific EGU BART for NOX, therefore, a source by        analysis. See our CALPUFF Modeling
                                                                                                                                                                   ENVIRON International, December 13, 2007,
                                                   source analysis for NOX is unnecessary. 82 FR            TSD for further information.                           available in the docket for this action. EPA, the
                                                   22936, at 22943.                                            We note that, in addition to CALPUFF                Texas Commission on Environmental Quality
                                                     7 See 40 CFR part 51, Appendix Y, III, How to
                                                                                                            modeling, Appendix D of the February                   (TCEQ), and FLM representatives verbally approved
                                                   Identify Sources ‘‘Subject to BART’’.
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                                                                                                            2017 SIP revision includes the results of              the approach in 2006 and in email exchange with
                                                     8 Id.                                                                                                         TCEQ representatives in February 2007 (see email
                                                     9 See 40 CFR part 51, Appendix Y, III, How to
                                                                                                            CAMx modeling 14 performed by Trinity                  from Erik Snyder (EPA) to Greg Nudd of TCEQ Feb.
                                                   Identify Sources ‘‘Subject to BART’’.                                                                           13, 2007 and response email from Greg Nudd to
                                                                                                              11 70 FR 39104, 39120 (July 6, 2005), [40 CFR part
                                                     10 As we note in the Regional Haze Rule (64 FR                                                                Erik Snyder Feb. 15, 2007, available in the docket
                                                   35725, July 1, 1999), the ‘‘deciview’’ or ‘‘dv’’ is an   51, Appendix Y].                                       for this action).
                                                                                                              12 See, 77 FR 11839, 11849 (February 28, 2012).         17 See Response to Comments in Appendix A of
                                                   atmospheric haze index that expresses changes in
                                                                                                              13 http://ampd.epa.gov/ampd/.                        the 2017 Louisiana Regional Haze SIP submittal.
                                                   visibility. This visibility metric expresses uniform
                                                   changes in haziness in terms of common increments          14 CAMx Modeling Report, prepared for Entergy           18 Maximum impact is defined as the maximum

                                                   across the entire range of visibility conditions, from   Services by Trinity Consultants, Inc. and All 4 Inc,   or1st high out of all modeled days (365 days in
                                                   pristine to extremely hazy conditions.                   October 14, 2016, included in Appendix D of the        2002).



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                                                                            Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                                   32297

                                                   C. Reliance on CSAPR To Satisfy NOX                      2008 Regional Haze SIP due to the                       incorporated into Louisiana’s June 2017
                                                   BART                                                     State’s reliance on CAIR as an                          SIP revision (Appendix F).
                                                      Louisiana’s February 2017 SIP                         alternative to source-by-source BART
                                                                                                                                                                    Unit 4 and Unit 4 Auxiliary Boiler
                                                   revision relies on CSAPR as a BART                       for EGUs.23 Following our limited
                                                                                                            disapproval, LDEQ worked closely with                      These units are currently permitted to
                                                   alternative for NOX for EGUs. In our
                                                                                                            Louisiana’s BART eligible EGUs,                         burn natural gas and fuel oil. However,
                                                   previous proposed approval of this
                                                                                                            including Nelson, and with us to revise                 Entergy has not burned fuel oil at either
                                                   February 2017 SIP revision,19 we
                                                                                                            its Regional Haze SIP, which resulted in                unit in several years. Further, Entergy
                                                   proposed to find that the NOX BART
                                                                                                            the submittal of its February and June                  has no current operational plans to burn
                                                   requirements for all EGUs in Louisiana,
                                                                                                            2017 SIP revisions addressing BART for                  fuel oil. The LDEQ did not conduct a
                                                   including Nelson, will be satisfied by
                                                                                                            Nelson. Although the February 2017 SIP                  five-factor BART analysis for these
                                                   our determination and proposed for
                                                                                                            revision addressed Nelson, we did not                   units. The preamble to the BART
                                                   separate finalization that Louisiana’s
                                                                                                            propose to take action on the SO2 and                   Guidelines states: 26
                                                   participation in CSAPR’s ozone-season
                                                   NOX program is a permissible                             PM BART for Nelson in our May 19,                          Consistent with the CAA and the
                                                   alternative to source-specific NOX                       2017 proposed approval.24 Louisiana’s                   implementing regulations, States can adopt a
                                                                                                            February 2017 SIP revision relies on                    more streamlined approach to making BART
                                                   BART.20 We cannot finalize this portion
                                                                                                            CSAPR participation as an alternative to                determinations where appropriate. Although
                                                   of that proposed SIP approval action                                                                             BART determinations are based on the
                                                   unless and until we finalize our separate                source-specific EGU BART for NOX. The
                                                                                                                                                                    totality of circumstances in a given situation,
                                                   proposed finding that CSAPR continues                    June 2017 SIP revision includes
                                                                                                                                                                    such as the distance of the source from a
                                                   to provide for greater reasonable                        additional information that the State                   Class I area, the type and amount of pollutant
                                                   progress than BART 21 because                            used to evaluate BART for the Nelson                    at issue, and the availability and cost of
                                                   finalization of that proposal provides                   facility. Nelson has three BART-eligible                controls, it is clear that in some situations,
                                                   the basis for Louisiana to rely on CSAPR                 steam generating units: Unit 4, Unit 4                  one or more factors will clearly suggest an
                                                   participation as an alternative to source-               Auxiliary Boiler, and Unit 6.                           outcome. Thus, for example, a State need not
                                                                                                               Unit 4 is permitted to combust natural               undertake an exhaustive analysis of a
                                                   specific EGU BART for NOX. If for some
                                                                                                                                                                    source’s impact on visibility resulting from
                                                   reason our proposed approval of LDEQ’s                   gas, No. 2, No. 4 and No. 6 fuel oils, and              relatively minor emissions of a pollutant
                                                   reliance on CSAPR as a BART                              refinery fuel gas. Unit 4 has a maximum                 where it is clear that controls would be costly
                                                   alternative cannot be finalized, source-                 heat-rated capacity of 5,400 MMBtu/                     and any improvements in visibility resulting
                                                   by-source BART analyses for NOX will                     hour and exhausts out of one stack. It                  from reductions in emissions of that
                                                   be required for all subject-to-BART                      has flue gas recirculation equipment                    pollutant would be negligible. In a scenario,
                                                   EGUs in Louisiana, including Nelson.                     installed for control of NOX emissions.                 for example, where a source emits thousands
                                                                                                            The Unit 4 Auxiliary Boiler is permitted                of tons of SO2 but less than one hundred tons
                                                   D. Louisiana’s Five-Factor Analyses for                  to burn natural gas and fuel oil.                       of NOX, the State could easily conclude that
                                                   SO2 and PM BART for Nelson                                                                                       requiring expensive controls to reduce NOX
                                                                                                               Unit 6 burns coal as its primary fuel                would not be appropriate.
                                                     In determining BART, the state must                    and No. 2 and No. 4 fuel oils as
                                                   consider the five statutory factors in                   secondary fuels. Unit 6 has a maximum                      The SO2 and PM emissions from gas-
                                                   section 169A of the CAA: (1) The costs                   heat-rated capacity of 6,216 MMBtu/                     fired units are inherently low,27 so the
                                                   of compliance; (2) the energy and non-                   hour and exhausts out of one stack. It                  installation of any additional PM or SO2
                                                   air quality environmental impacts of                     has an electrostatic precipitator (ESP)                 controls on this unit would likely
                                                   compliance; (3) any existing pollution                   with flue gas conditioning for control of               achieve very small emissions reductions
                                                   control technology in use at the source;                 PM emissions. Unit 6 has installed                      and have minimal visibility benefits.
                                                   (4) the remaining useful life of the                                                                                To address SO2 and PM BART for
                                                                                                            Separated Overfire Air Technology
                                                   source; and (5) the degree of                                                                                    Unit 4 and the Unit 4 Auxiliary boiler,
                                                                                                            (SOFA) and a Low NOX Concentric
                                                   improvement in visibility which may                                                                              the June 2017 SIP revision precludes
                                                                                                            Firing System (LNCFS) for NOX control.
                                                   reasonably be anticipated to result from                                                                         fuel-oil combustion at these units. To
                                                                                                            Entergy submitted a BART screening
                                                   the use of such technology. See also 40                                                                          make the prohibition on fuel-oil usage
                                                                                                            analysis to us and the LDEQ on August
                                                   CFR 51.308(e)(1)(ii)(A). All units that                                                                          enforceable, Entergy and the LDEQ
                                                                                                            31, 2015, and a BART five-factor
                                                   are subject to BART must undergo a                                                                               intend to enter an Administrative Order
                                                                                                            analysis dated November 9, 2015,
                                                   BART analysis. The BART Guidelines                                                                               on Consent (AOC), included in the June
                                                                                                            revised April 15, 2016, in response to an
                                                   break the analysis down into five                                                                                2017 SIP revision, that establishes the
                                                                                                            information request.25 These analyses
                                                   steps: 22                                                                                                        following requirement:
                                                                                                            were adopted and incorporated into
                                                     STEP 1—Identify All Available                          Louisiana’s February 2017 SIP revision                    Before fuel oil firing is allowed to take
                                                   Retrofit Control Technologies,                           (Appendix D). As part of our effort to                  place at Unit 4, and the auxiliary boiler at the
                                                     STEP 2—Eliminate Technically                                                                                   Facility, a revised BART determination must
                                                                                                            assist the State, we submitted a draft
                                                   Infeasible Options,                                                                                              be promulgated for SO2 and PM for the fuel
                                                     STEP 3—Evaluate Control                                analysis of Entergy’s CALPUFF and                       oil firing scenario through a FIP or an action
                                                   Effectiveness of Remaining Control                       CAMx modeling, our own draft CAMx                       by the LDEQ as a SIP revision and approved
                                                   Technologies,                                            and CALPUFF modeling, and our own                       by the EPA such that the action will become
                                                     STEP 4—Evaluate Impacts and                            draft cost analysis for Nelson to LDEQ.                 federally enforceable.
                                                   Document the Results, and                                These analyses were adopted and
                                                                                                                                                                      We propose to approve the AOC as
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                                                     STEP 5—Evaluate Visibility Impacts.                                                                            sufficient to meet the SO2 and PM BART
                                                                                                                 23 77
                                                                                                                     FR 33642.
                                                     As mentioned previously, we                                                                                    requirements for Unit 4 and the Unit 4
                                                                                                                 24 82
                                                                                                                     FR 22936.
                                                   disapproved portions of Louisiana’s                                                                              Auxiliary Boiler. If we finalize our
                                                                                                               25 Letter from Wren Stenger, Director, Multimedia

                                                     19 82
                                                                                                            Planning and Permitting Division, EPA Region 6, to
                                                          FR 22936.                                         Renee Masinter, Entergy Louisiana (May 19, 2015);         26 70 FR 39116.
                                                     20 Id,
                                                          at 22943.                                         letter from Wren Stenger to Paul Castanon, Entergy        27 AP 42, Fifth Edition, Volume 1, Chapter 1:
                                                    21 81 FR 78954.
                                                                                                            Gulf States (May 19, 2015; and letter from Wren         External Sources, Section 1.4, Natural Gas
                                                    22 70 FR 39103, 39164 (July 6, 2005) [40 CFR 51,        Stenger to Marcus Brown, Entergy New Orleans            Combustion, available here: https://www3.epa.gov/
                                                   App. Y].                                                 (May 19, 2015).                                         ttn/chief/ap42/ch01/final/c01s04.pdf.



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                                                   32298                       Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                   approval of the AOC, it will become                                to meet an emission limit of 0.6 lb/                     any of the company’s costs. We solicit
                                                   federally enforceable for purposes of                              MMBtu as a potential BART control                        comment with respect to any
                                                   regional haze.                                                     option. We note that the BART                            information that would support or
                                                                                                                      Guidelines do not require states to                      refute the undocumented costs in
                                                   Unit 6
                                                                                                                      consider fuel supply changes as a                        Entergy’s evaluation. We also note that
                                                   Identification of Controls                                         potential control option,29 but states are               Entergy’s control cost estimates
                                                      In assessing SO2 BART in the                                    free to do so at their discretion.                       included costs not allowed under our
                                                   February 2017 SIP revision (Appendix                               Control-Effectiveness                                    Control Cost Manual (e.g., escalation
                                                   D), Entergy considered the five BART                                                                                        during construction and owner’s
                                                                                                                         Entergy assessed SDA and wet FGD as                   costs).30 Entergy also assumed a
                                                   factors. In assessing feasible control
                                                                                                                      being capable of achieving SO2 emission                  contingency of 25%, which we note is
                                                   technologies and their effectiveness,
                                                                                                                      rates of 0.06 lb/MMBtu and 0.04 lb/                      unusually high. The lack of
                                                   Entergy considered low-sulfur coal, Dry                            MMBtu, respectively. As we discuss in
                                                   Sorbent Injection (DSI), an enhanced                                                                                        documentation aside, removing the
                                                                                                                      the TSD, based on review of IPM                          disallowed costs and adjusting the
                                                   DSI system, dry scrubbing (spray dry                               documentation, industry publications,
                                                   absorption, or SDA), and wet scrubbing                                                                                      contingency to a more reasonable value
                                                                                                                      and real-world monitoring data, we                       of 10% significantly improves (lower $/
                                                   (wet flue gas desulfurization, or wet                              agree with the LDEQ that 98% control
                                                   FGD).                                                                                                                       ton) Entergy’s cost-effectiveness
                                                                                                                      efficiency for wet FGD and 95% control                   estimates. For instance, assuming the
                                                      DSI is performed by injecting a dry                             efficiency for SDA are reasonable
                                                   reagent into the hot flue gas, which                                                                                        same SO2 baseline as we used in our
                                                                                                                      assumptions and consistent with the                      analyses,31 Entergy’s SDA cost-
                                                   chemically reacts with SO2 and other                               emission rates identified by Entergy.
                                                   gases to form a solid product that is                                                                                       effectiveness would improve from a
                                                                                                                         Entergy determined that DSI could                     value of $5,094/ton to $4,154/ton.
                                                   subsequently captured by the                                       achieve an SO2 emission rate of 0.47 lb/
                                                   particulate control device. We agree                               MMBtu when coupled with the existing                        Regarding the cost to switch to lower
                                                   with the LDEQ that no technical                                    Unit 6 ESP and that enhanced DSI could                   sulfur coal, Entergy states that its $597/
                                                   feasibility concerns warrant removing                              achieve an SO2 emission rate of 0.19 lb/                 ton cost-effectiveness value is based on
                                                   these controls from consideration as                               MMBtu when coupled with a new fabric                     a lower sulfur coal premium of $0.50/
                                                   potential BART options for Unit 6.                                 filter. Finally, Entergy determined that                 ton, but Entergy does not provide any
                                                      SO2 scrubbing techniques utilize a                              switching to a lower sulfur coal could                   documentation to support this figure.
                                                   large dedicated vessel in which the                                reduce the SO2 emission rate at Unit 6                   We examined information regarding
                                                   chemical reaction between the                                      to approximately 0.6 lb/MMBtu.                           Entergy’s coal purchases for Nelson Unit
                                                   sorbent 28 and SO2 takes place either                                                                                       6 from the Energy Information
                                                   completely or in large part. In contrast                           Impact Analysis                                          Administration. This information
                                                   to DSI systems, SO2 scrubbers add water                               Entergy presented cost-effectiveness                  indicated that, although there is some
                                                   to the sorbent when introduced to the                              figures for each control they evaluated.                 variability in the data, the premium
                                                   flue gas. The two predominant types of                             Entergy estimated that the cost-                         Entergy has historically paid for lower
                                                   SO2 scrubbing employed at coal-fired                               effectiveness of switching to lower                      sulfur coal has averaged higher than
                                                   EGUs are limestone wet FGD and lime                                sulfur coal (LSC) would be $597/ton of                   $0.50/ton.32 We solicit comments on
                                                   SDA. These controls are in wide use and                            emissions removed, the cost-                             Entergy’s $0.50/ton figure.
                                                   have been retrofitted to a variety of                              effectiveness of DSI would be $5,590/                       Because of these issues, we developed
                                                   boiler types and plant configurations.                             ton, the cost-effectiveness of enhanced                  our own control cost analyses, which
                                                   We agree with the LDEQ that no                                     DSI would be $5,611/ton, the cost-                       we present in our TSD. Table 1
                                                   technical feasibility concerns warrant                             effectiveness of SDA would be $4,536/                    summarizes the results of our analyses.
                                                   removing these controls from                                       ton, and the cost-effectiveness of wet                   For our cost-effectiveness calculations,
                                                   consideration as potential BART options                            FGD would be $4,413/ton. See                             we used a SO2 baseline constructed
                                                   for Unit 6.                                                        Appendix D of the February 2017                          from annual SO2 emissions from the
                                                      Utilization of coal with a lower sulfur                         Louisiana Regional Haze SIP. In general,                 2012–2016 period.33 LDEQ incorporated
                                                   content will also result in a reduction in                         Entergy’s DSI and scrubber cost                          our cost analysis into Appendix F of its
                                                   SO2 emissions. Thus, Entergy identified                            calculations were based on a propriety                   June 2017 SIP revision along with
                                                   switching to a lower sulfur coal in order                          database, so we were unable to verify                    Entergy’s cost analysis.

                                                                                                               TABLE 1—SUMMARY OF EPA’S COST ANALYSIS
                                                                                                                                                                                                                        2016
                                                                                                                                                                               2016 Total        2016 Cost-         Incremental
                                                                                                                                        Control level      SO2 reduction
                                                                  Unit                                    Control                                                              annualized       effectiveness           cost-
                                                                                                                                            (%)                (tpy)              cost              ($/ton)        effectiveness
                                                                                                                                                                                                                      ($/ton) *

                                                   Nelson Unit 6 ......................    Low-Sulfur Coal ..................                       11.3             1,149      $3,397,281              $2,957             $2,957
                                                                                           DSI ......................................                50              5,082      18,180,195               3,578              3,759
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                                                      28 Limestone is the most common sorbent used in                 Entergy replied on April 15, 2016, but did not              32 We calculated a premium of $2.48 based on a

                                                   wet scrubbing, while lime is the most common                       supply any additional site specific documentation.       review of coal purchase data for 2016 from EIA. See
                                                   sorbent used in dry scrubbing.                                        31 Our SO baseline, used in all of our cost-
                                                                                                                                  2
                                                                                                                                                                               the TSD for additional information.
                                                      29 40 CFR part 51, Appendix Y, Section IV.D.1.5,                                                                            33 Our SO baseline, used in all of our cost-
                                                                                                                      effectiveness calculations (including our adjustment                  2

                                                   ‘‘STEP 1: How do I identify all available retrofit                 of Entergy’s cost analyses), was obtained from           effectiveness calculations (including our adjustment
                                                                                                                                                                               of Entergy’s cost analyses), was obtained from
                                                   emission control techniques?’’                                     eliminating the max and min of the Nelson Unit 6
                                                                                                                                                                               eliminating the max and min of the Nelson Unit 6
                                                      30 As noted in our letter to Kelly McQueen of                   annual SO2 emissions from 2012–2016, and                 annual SO2 emissions from 2012–2016, and
                                                   Entergy on March 16, 2016, we requested                            averaging the SO2 emissions from the remaining           averaging the SO2 emissions from the remaining
                                                   documentation for the Nelson Unit 6 cost analyses.                 years.                                                   years.



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                                                                                   Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                                         32299

                                                                                                         TABLE 1—SUMMARY OF EPA’S COST ANALYSIS—Continued
                                                                                                                                                                                                                         2016
                                                                                                                                                                                 2016 Total        2016 Cost-        Incremental
                                                                                                                                           Control level    SO2 reduction
                                                                     Unit                                       Control                                                          annualized       effectiveness          cost-
                                                                                                                                               (%)              (tpy)               cost              ($/ton)       effectiveness
                                                                                                                                                                                                                       ($/ton) *

                                                                                                SDA ....................................           92.11               9,361      25,332,736               2,706             1,671
                                                                                                Wet FGD .............................              94.74               9,628      26,409,798               2,743             4,027
                                                    * For low-sulfur coal, the incremental $/ton is relative to use of coal typically used by the source in the past. For each remaining control, incre-
                                                   mental $/ton is relative to the control in the row above.


                                                      In assessing energy impacts, Entergy                                  In assessing visibility impacts,                     incorporated this information into the
                                                   identified additional power                                            Entergy evaluated the visibility impacts               June 2017 SIP revision (Appendix F)
                                                   requirements associated with operating                                 and potential benefits of each control                 and considered it along with the
                                                   DSI, SDA, and wet FGD. Documentation                                   option (See Appendix D for Entergy’s                   visibility analysis developed by Entergy.
                                                   issues aside, these auxiliary-power costs                              visibility BART analysis for Nelson Unit                  EPA’s CAMx modeling for Unit 6
                                                   were accounted for in the variable                                     6). However, Entergy’s CALPUFF                         directly evaluated the maximum
                                                   operating costs in the cost evaluation.                                modeling included errors in its                        baseline visibility impacts and potential
                                                   Entergy did not identify any energy                                    estimates of sulfuric acid and PM                      benefits from DSI. In addition to the DSI
                                                   impacts associated with switching to a                                 emissions.34 EPA performed CALPUFF                     modeled benefits, visibility benefits for
                                                   lower sulfur coal. We agree with LDEQ’s                                modeling to correct for these errors (See              SDA, wet FGD, and low-sulfur coal were
                                                   identification of the energy impacts                                   CALPUFF Modeling TSD). The LDEQ                        estimated based on linear extrapolation
                                                   associated with each of the control                                    incorporated our modeling, among other                 for the average across the top ten
                                                   options.                                                               things, into the June 2017 SIP revision                impacted days using the modeled
                                                      In assessing non-air quality                                        (Appendix F) and considered it along                   baseline and DSI visibility impacts, and
                                                   environmental impacts, Entergy noted                                   with the visibility analysis developed by              estimated emission reductions. We note
                                                   that DSI, SDA, and wet FGD would add                                   Entergy. As we discuss above and in the                that the baseline emission rate modeled
                                                   spent reagent to the waste stream                                      CAMx Modeling TSD, Entergy also                        is based on 24-hr actual emissions
                                                   generated by the facility. Entergy                                     provided additional screening modeling                 during the baseline period (2000–2004),
                                                   accounted for these waste-disposal costs                               results using CAMx to support its                      while the control scenario emission
                                                   in the variable operating costs in the                                 conclusion that visibility impacts from                rates are based on anticipated 30-day
                                                   cost evaluation. See our TSD for further                               Unit 6 are minimal. However, this                      emission rates, as noted in the table
                                                   information. Entergy did not identify                                  modeling was not conducted in                          below. At a maximum heat input of
                                                   any non-air quality environmental                                      accordance with the BART Guidelines                    6,126 MMBtu/hr for the boiler, the
                                                   impacts associated with switching to a                                 and does not properly assess maximum                   baseline short-term emission rate is
                                                   lower sulfur coal. We agree with LDEQ’s                                baseline impacts, so we consider this                  approximately 1.2 lb/MMBtu for the
                                                   identification of the non-air quality                                  CAMx modeling provided by Entergy to                   2000–2004 baseline. The results of this
                                                   environmental impacts associated with                                  be invalid for supporting a                            modeling for the maximum-impact day
                                                   each of the control options.                                           determination of minimal visibility                    and the average across the top ten most
                                                      In assessing remaining useful life,                                 impacts. We performed our own CAMx                     impacted baseline days are summarized
                                                   Entergy indicated this factor did not                                  modeling that follows the BART                         in Table 2. We note that wet FGD is
                                                   impact the evaluation of controls as                                   Guidelines and uses appropriate                        estimated to provide a very small
                                                   there is no enforceable commitment in                                  techniques and metrics to provide                      visibility benefit over SDA on average
                                                   place to retire Unit 6. We agree with                                  additional information on visibility                   across the top ten most impacted
                                                   LDEQ that Entergy’s use of a 30-year                                   impacts and benefits and to address                    baseline days, so we do not show the
                                                   equipment life for the DSI, SDA, and                                   possible concerns with utilizing                       results for wet FGD in this table. See the
                                                   wet FGD cost evaluations, which is                                     CALPUFF to assess visibility impacts at                CAMx Modeling TSD for a full
                                                   consistent with the Control Cost                                       Class I areas located farther from the                 description of the modeling and model
                                                   Manual, was therefore appropriate.                                     emission sources. The LDEQ also                        results.

                                                                                                         TABLE 2—SUMMARY OF EPA’S VISIBILITY ANALYSIS (CAMX)
                                                                                                                                                                Visibility      Visibility benefit of controls over baseline (dv)
                                                                                                                                                               benefit of                     average for top ten
                                                                                                                                             Baseline        controls over                        impacted days
                                                                                                                       Baseline             Impact (dv)      baseline (dv)
                                                                        Class I area                                 impact a (dv)         (average for       maximum
                                                                                                                      (maximum)             top ten im-         impact           Low-sulfur
                                                                                                                                           pacted days)                            coal c             DSI d             SDA e
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                                                                                                                                                                   DSI b

                                                   Breton .......................................................               0.599              0.314               0.250             0.133             0.165             0.266
                                                   Caney Creek ............................................                     2.179              1.302               1.187             0.411             0.511             0.831
                                                   Mingo .......................................................                1.468              0.785               0.370             0.215             0.265             0.430
                                                   Upper Buffalo ...........................................                    1.219              0.934               0.374             0.330             0.408             0.663
                                                   Hercules-Glade ........................................                      1.287              0.777               0.473             0.273             0.338             0.548


                                                     34 See the CALPUFF Modeling TSD for discussion

                                                   of these errors and corrected values.


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                                                   32300                       Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                                                        TABLE 2—SUMMARY OF EPA’S VISIBILITY ANALYSIS (CAMX)—Continued
                                                                                                                                                        Visibility        Visibility benefit of controls over baseline (dv)
                                                                                                                                                       benefit of                       average for top ten
                                                                                                                                     Baseline        controls over                          impacted days
                                                                                                               Baseline             Impact (dv)      baseline (dv)
                                                                      Class I area                           impact a (dv)         (average for       maximum
                                                                                                              (maximum)             top ten im-         impact            Low-sulfur            DSI d             SDA e
                                                                                                                                   pacted days)                             coal c
                                                                                                                                                           DSI b

                                                   Wichita Mountains ....................................              0.575               0.412               0.287              0.180              0.223             0.360
                                                      a 2000–2004   baseline.
                                                      b DSI at 0.47 lb/MMBtu.
                                                      c Low-Sulfur Coal benefit (at 0.6 lb/MMBtu, estimated based on linear extrapolation of baseline and DSI visibility impacts at each Class I area.
                                                      d DSI at 0.47 lb/MMBtu.
                                                      e SDA at 0.06 lb/MMBtu, estimated based on linear extrapolation of baseline and DSI visibility impacts at each Class I area.




                                                   Louisiana’s SO2 BART Determination                             ESP. We do not have information on the                   Unit 6. LDEQ has weighed the statutory
                                                   for Nelson Unit 6                                              control efficiency of the ESP in use at                  factors and after a review of both
                                                                                                                  Unit 6. However, reported control                        Entergy’s and EPA’s information has
                                                      The LDEQ weighed the statutory
                                                                                                                  efficiencies for well-maintained ESPs                    concluded that BART is the emission
                                                   factors, reviewed Entergy’s and EPA’s
                                                                                                                  typically range from greater than 99% to                 limit of 0.6 lbs/MMBtu based on a 30-
                                                   information, and concluded that SO2
                                                                                                                  99.9%.35 We consider this pertinent in                   day rolling average as defined in the
                                                   BART is an emission limit of 0.6 lbs/
                                                                                                                  concluding that the potential additional                 AOC. The LDEQ and Entergy have
                                                   MMBtu based on a 30-day rolling                                PM control that a baghouse could offer
                                                   average, consistent with the use of                                                                                     proposed to enter into an AOC
                                                                                                                  over an ESP would be very minimal and                    establishing an enforceable limit of SO2
                                                   lower-sulfur coal. The LDEQ                                    come at a very high cost.36 Also, our
                                                   acknowledged that the visibility benefits                                                                               at 0.6 lbs/MMBtu on a 30-day rolling
                                                                                                                  visibility modeling indicates that the                   basis. The emission limit will become
                                                   of SDA and wet FGD are larger than                             impact from Unit 6’s baseline PM
                                                   those associated with lower-sulfur coal,                                                                                enforceable upon EPA’s final approval
                                                                                                                  emissions is very small, so the visibility               of the SIP. We are proposing to approve
                                                   but explained that lower-sulfur coal still                     improvement from replacing the ESP
                                                   achieves some visibility benefits and at                                                                                this AOC if finalized without significant
                                                                                                                  with a baghouse would be only a                          changes and if it is included in the final
                                                   a lower annual cost. The LDEQ also                             fraction of that small impact.37 As
                                                   noted that SDA and wet FGD create                                                                                       submittal.
                                                                                                                  discussed above, states can adopt a
                                                   additional waste due to spent reagent                          more streamlined approach to making                         As the energy industry evolves, the
                                                   and have additional power demands to                           BART determinations where                                LDEQ has committed to continue to
                                                   run the equipment.                                             appropriate. We therefore propose to                     work with EGUs throughout Louisiana
                                                   Louisiana’s PM BART Determination for                          agree with Louisiana that no additional                  to evaluate the operation of utilities. As
                                                   Nelson Unit 6                                                  controls are required to satisfy PM                      such, the LDEQ will engage in
                                                                                                                  BART. In the June 2017 SIP revision, the                 discussions with Entergy about any
                                                      The LDEQ noted that Nelson Unit 6                           LDEQ and Entergy have proposed to                        potential changes in usage or emission
                                                   is currently equipped with an ESP to                           enter into an AOC establishing an                        rates at the Nelson facility. Any such
                                                   control PM emissions, the visibility                           enforceable limit on PM10 consistent                     changes will be considered for
                                                   impacts from PM emissions are small,                           with current controls at 317.61 lb/hr on                 reasonable progress for future planning
                                                   and that any additional controls beyond                        a 30-day rolling basis. We are proposing                 periods as appropriate.
                                                   the ESP would have minimal visibility                          to approve this AOC if it is finalized
                                                   benefits and would not be cost-effective.                      without significant changes and                          III. Proposed Action
                                                   Therefore, the LDEQ determined that                            included in the final submittal.
                                                   PM BART is an emission limit of 317.61                                                                                    We are proposing to approve the
                                                                                                                     We are also proposing to approve the                  remaining portion of the Louisiana’s
                                                   lb/hr, consistent with the use of the                          LDEQ’s February 2017 SIP revision as
                                                   existing ESP.                                                                                                           Regional Haze SIP revision submitted
                                                                                                                  revised by the LDEQ’s June 2017 SIP
                                                                                                                                                                           on February 10, 2017, related to the
                                                   Our Review of Louisiana’s BART                                 revision that addresses BART for the
                                                                                                                                                                           Entergy Nelson facility and the SIP
                                                   Determination for Nelson Unit 6                                Nelson facility, including the State’s
                                                                                                                                                                           revision submitted to the EPA for
                                                                                                                  proposed finding that lower sulfur coal
                                                      We propose to approve LDEQ’s                                is the appropriate SO2 BART control for                  parallel processing on June 20, 2017 that
                                                   proposed finding in the June 2017 SIP                                                                                   establishes BART for the Nelson facility.
                                                   revision that the visibility impacts from                         35 EPA, ‘‘Air Pollution Control Technology Fact       We propose to approve the BART
                                                   Unit 6’s PM emissions are so minimal                           Sheet: Dry Electrostatic Precipitator (ESP)—Wire         determination for Nelson Units 6 and 4
                                                   that any additional PM controls would                          Plate Type,’’ EPA–452/F–03–028. Grieco, G.,              and Unit 4 auxiliary boiler, and the
                                                                                                                  ‘‘Particulate Matter Control for Coal-fired              AOC that makes emission limits that
                                                   result in very minimal visibility benefits                     Generating Units: Separating Perception from Fact,’’
                                                                                                                                                                           represent BART permanent and
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   that would not justify the cost of any                         apcmag.net, February, 2012. Moretti, A. L.; Jones, C.
                                                   upgrades and/or operational changes                            S., ‘‘Advanced Emissions Control Technologies for        enforceable for the purposes of regional
                                                                                                                  Coal-Fired Power Plants, Babcox and Wilcox               haze. We solicit comment with respect
                                                   needed to achieve a more stringent                             Technical Paper BR–1886, Presented at Power-Gen
                                                   emission limit. Unit 6 is currently                            Asia, Bangkok, Thailand, October 3–5, 2012.              to any information that would support
                                                   equipped with an ESP for controlling                              36 We do not discount the potential health            or refute the undocumented costs in
                                                   PM emissions. The PM control                                   benefits this additional control can have for            Entergy’s evaluation for SO2 controls on
                                                                                                                  ambient PM. However, the regional haze program           Unit 6. Once we take final action on our
                                                   efficiency of ESPs varies somewhat with                        is only concerned with improving the visibility at
                                                   the design of the ESP, the resistivity of                      Class I areas.                                           proposed approval of Louisiana’s 2016
                                                   the PM, and the maintenance of the                                37 See the TSD for additional information.            SIP revision addressing non-EGU


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                                                                            Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                          32301

                                                   BART,38 our proposed approval                            in the Unfunded Mandates Reform Act                    ACTION:   Proposed rule.
                                                   addressing BART for all other BART-                      of 1995 (Pub. L. 104–4);
                                                   eligible EGUs 39 and this proposal to                       • Does not have Federalism                          SUMMARY:   The Environmental Protection
                                                   address SO2 and PM BART for the                          implications as specified in Executive                 Agency (EPA) is proposing to approve a
                                                   Nelson facility, we will have fulfilled all              Order 13132 (64 FR 43255, August 10,                   request from the New Jersey Department
                                                   outstanding obligations with respect to                  1999);                                                 of Environmental Protection (NJDEP) for
                                                   the Louisiana regional haze program for                     • Is not an economically significant                delegation of authority to implement
                                                   the first planning period.                               regulatory action based on health or                   and enforce the Federal plan for Sewage
                                                      The EPA has made the preliminary                      safety risks subject to Executive Order                Sludge Incineration (SSI) units. On
                                                   determination that the June 2017 SIP                     13045 (62 FR 19885, April 23, 1997);                   April 29, 2016 the EPA promulgated the
                                                   revision requested by the State to be                       • Is not a significant regulatory action            Federal plan for SSI units to fulfill the
                                                   parallel processed is in accordance with                 subject to Executive Order 13211 (66 FR                requirements of sections 111(d)/129 of
                                                   the CAA and consistent with the CAA                      28355, May 22, 2001);                                  the Clean Air Act. The Federal plan
                                                                                                               • Is not subject to requirements of                 addresses the implementation and
                                                   and the EPA’s policy and guidance.
                                                                                                            section 12(d) of the National                          enforcement of the emission guidelines
                                                   Therefore, the EPA is proposing action
                                                                                                            Technology Transfer and Advancement                    applicable to existing SSI units located
                                                   on the June 2017 SIP revision in parallel
                                                                                                            Act of 1995 (15 U.S.C. 272 note) because               in areas not covered by an approved and
                                                   with the State’s rulemaking process.
                                                                                                            this action does not involve technical                 currently effective state plan. The
                                                   After the State completes its rulemaking
                                                                                                            standards; and                                         Federal plan imposes emission limits
                                                   process, adopts its final regulations, and                  • Does not provide EPA with the
                                                   submits these final adopted regulations                                                                         and other control requirements for
                                                                                                            discretionary authority to address, as
                                                   as a revision to the Louisiana SIP, the                                                                         existing affected SSI facilities which
                                                                                                            appropriate, disproportionate human
                                                   EPA will prepare a final action. If                                                                             will reduce designated pollutants.
                                                                                                            health or environmental effects, using
                                                   changes are made to the State’s                          practicable and legally permissible                      On January 24, 2017, the NJDEP
                                                   proposed rule after the EPA’s notice of                  methods, under Executive Order 12898                   signed a Memorandum of Agreement
                                                   proposed rulemaking, such changes                        (59 FR 7629, February 16, 1994).                       which is intended to be the mechanism
                                                   must be acknowledged in the EPA’s                           In addition, the SIP is not approved                for the transfer of authority between the
                                                   final rulemaking action. If the changes                  to apply on any Indian reservation land                EPA and the NJDEP and defines the
                                                   are significant, then the EPA may be                     or in any other area where EPA or an                   policies, responsibilities and procedures
                                                   obligated to withdraw our initial                        Indian tribe has demonstrated that a                   pursuant to the Federal plan for existing
                                                   proposed action and re-propose.                          tribe has jurisdiction. In those areas of              SSI units.
                                                   IV. Statutory and Executive Order                        Indian country, the proposed rule does                 DATES: Written comments must be
                                                   Reviews                                                  not have tribal implications and will not              received on or before August 14, 2017.
                                                                                                            impose substantial direct costs on tribal
                                                      Under the CAA, the Administrator is                                                                          ADDRESSES:   Submit your comments,
                                                                                                            governments or preempt tribal law as
                                                   required to approve a SIP submission                                                                            identified by Docket ID Number EPA–
                                                                                                            specified by Executive Order 13175 (65
                                                   that complies with the provisions of the                                                                        R02–OAR–2017–0132 at http://
                                                                                                            FR 67249, November 9, 2000).
                                                   Act and applicable Federal regulations.                                                                         www.regulations.gov. Follow the online
                                                   42 U.S.C. 7410(k); 40 CFR 52.02(a).                      List of Subjects in 40 CFR Part 52                     instructions for submitting comments.
                                                   Thus, in reviewing SIP submissions, the                    Environmental protection, Air                        Once submitted, comments cannot be
                                                   EPA’s role is to approve state choices,                  pollution control, Incorporation by                    edited or removed from Regulations.gov.
                                                   provided that they meet the criteria of                  reference, Intergovernmental relations,                The EPA may publish any comment
                                                   the CAA. Accordingly, this action                        Nitrogen dioxide, Ozone, Particulate                   received to its public docket. Do not
                                                   merely proposes to approve state law as                  matter, Reporting and recordkeeping                    submit electronically any information
                                                   meeting Federal requirements and does                    requirements, Sulfur dioxides,                         you consider to be Confidential
                                                   not impose additional requirements                       Visibility, Interstate transport of                    Business Information (CBI) or other
                                                   beyond those imposed by state law. For                   pollution, Regional haze, Best available               information whose disclosure is
                                                   that reason, this action:                                control technology.                                    restricted by statute. Multimedia
                                                      • Is not a ‘‘significant regulatory                        Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                   submissions (audio, video, etc.) must be
                                                   action’’ subject to review by the Office                                                                        accompanied by a written comment.
                                                   of Management and Budget under                             Dated: June 23, 2017.                                The written comment is considered the
                                                   Executive Orders 12866 (58 FR 51735,                     Samuel Coleman,                                        official comment and should include
                                                   October 4, 1993) and 13563 (76 FR 3821,                  Acting Regional Administrator, Region 6.               discussion of all points you wish to
                                                   January 21, 2011);                                       [FR Doc. 2017–14693 Filed 7–12–17; 8:45 am]            make. The EPA will generally not
                                                      • Does not impose an information                      BILLING CODE 6560–50–P                                 consider comments or comment
                                                   collection burden under the provisions                                                                          contents located outside of the primary
                                                   of the Paperwork Reduction Act (44                                                                              submission (i.e., on the web, cloud, or
                                                   U.S.C. 3501 et seq.);                                    ENVIRONMENTAL PROTECTION                               other file sharing system). For
                                                      • Is certified as not having a                        AGENCY                                                 additional submission methods, the full
                                                   significant economic impact on a                                                                                EPA public comment policy,
                                                                                                            40 CFR Part 62                                         information about CBI or multimedia
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   substantial number of small entities
                                                   under the Regulatory Flexibility Act (5                  [EPA–R02–OAR–2017–0132, FRL–9962–42–                   submissions, and general guidance on
                                                   U.S.C. 601 et seq.);                                     Region 2]                                              making effective comments, please visit
                                                      • Does not contain any unfunded                                                                              http://www2.epa.gov/dockets/
                                                                                                            Approval and Promulgation of Plans                     commenting-epa-dockets.
                                                   mandate or significantly or uniquely
                                                                                                            for Designated Facilities; New Jersey;
                                                   affect small governments, as described                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                            Delegation of Authority
                                                                                                                                                                   Anthony (Ted) Gardella, Environmental
                                                     38 81 FR 74750 (October 27, 2016).                     AGENCY:     Environmental Protection                   Protection Agency, 290 Broadway, New
                                                     39 82 FR 22936 (May 19, 2017).                         Agency.                                                York, New York 10007–1866, at (212)


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Document Created: 2017-07-13 01:00:42
Document Modified: 2017-07-13 01:00:42
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 14, 2017.
ContactJennifer Huser, 214-665-7347, [email protected] To inspect the hard copy materials, please schedule an appointment with Jennifer Huser or Mr. Bill Deese at 214- 665-7253.
FR Citation82 FR 32294 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxides; Visibility; Interstate Transport of Pollution; Regional Haze and Best Available Control Technology

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