82 FR 44753 - Approval and Promulgation of Implementation Plans; Louisiana; Regional Haze State Implementation Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 185 (September 26, 2017)
Federal Register Volume 82, Issue 185 (September 26, 2017)
| Page Range | 44753-44754 | |
| FR Document | 2017-20533 |
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)] [Proposed Rules] [Pages 44753-44754] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20533] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2017-0129; FRL-9967-64-Region 6] Approval and Promulgation of Implementation Plans; Louisiana; Regional Haze State Implementation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is amending our recent proposal to approve a revision to the Louisiana State Implementation Plan (SIP) for regional haze submitted for parallel processing on August 24, 2017. On July 13, 2017, we proposed to approve a SIP revision by the State of Louisiana through the Louisiana Department of Environmental Quality (LDEQ) to address certain Best Available Retrofit Technology requirements under Regional Haze for the Entergy R. S. Nelson facility (Nelson), which is an electric generating unit in Calcasieu Parish. We now amend that proposal, by proposing to approve a compliance date three years from the effective date of the final EPA approval of the SIP revision for Nelson to meet an emission limit for sulfur dioxide (SO2 ) emissions. DATES: Written comments must be received on or before October 26, 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, 214-665- 7347, [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 Ms. 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. I. Background Regional haze is visibility impairment that is produced by a multitude of sources and activities which are located across a broad geographic area and emit fine particles (PM2.5 ) (e.g., sulfates, nitrates, organic carbon, elemental carbon, and soil dust) and their precursors. Fine particle precursors, such as SO2 , react in the atmosphere to form PM2.5 , which also impair visibility by scattering and absorbing light. The CAA's visibility protection program helps to protect clear views in national parks and wilderness areas identified as ``Class I Federal areas'' (CAA section 169A, 40 CFR 51 subpart P and 40 CFR 81 subpart D). Vistas in these areas are often obscured by visibility-impairing pollutants caused by emissions from numerous sources located over a wide geographic area. The program requires SIPs to address visibility-impairing pollutants. For more information on regional haze, visibility protection, and SIPs please see our May 19, 2017 and July 13, 2017 Federal Register proposals for Louisiana EGUs discussed below. These proposals can be accessed through regulations.gov (docket EPA-R06-OAR-207-0129). On May 19, 2017, we published a proposal to approve a Louisiana SIP revision to address regional haze requirements for EGUs with the exception of the Entergy R. S. Nelson EGU (Entergy Nelson) in Calcasieu Parish (82 FR 22936). On July 13, 2017, we published a proposal to approve a proposed Louisiana SIP revision [[Page 44754]] submitted for parallel processing to address regional haze requirements for Entergy Nelson (82 FR 32294). In the July 13, 2017 action, we proposed to approve an SO2 emissions limit of 0.6 pounds per million British Thermal Units (lbs/MMBtu) at Entergy Nelson Unit 6. The compliance date we proposed to approve was no later than the effective date of our approval of a final SIP. On August 24, 2017, Louisiana submitted a letter explaining its intent to revise the compliance date in its SIP for Entergy Nelson Unit 6 based on a public comment received during the State's comment period. On June 21, 2017, Entergy, the owner and operator of Nelson, submitted a comment to LDEQ on the proposed SIP. The comment letter requests a three-year period for the transition to the proposed SO2 limit for Nelson Unit 6. Entergy's letter explains that coal contracts are in place for the next three years. Entergy requests this longer compliance time to allow the company's fuel procurement to transition to new mines with lower sulfur coal. As a result, Louisiana's revised compliance date for Entergy Nelson Unit 6 to meet the SO2 emissions limit is three years from the effective date of our approval of the SIP revision. II. The EPA's Evaluation We sent clarifying questions via email to Entergy regarding their need for three years to comply with the emission limit of 0.6 lbs/ MMBtu. The questions and Entergy's response are included in the docket. A compliance date of three years from the effective date of our approval of the SIP revision allows time for Entergy Nelson to ensure that Unit 6 is able to continuously meet a SO2 emissions limit of 0.6 lbs/MMBtu once the emission limit becomes enforceable. We believe this is a reasonable basis to allow three years for Nelson Unit 6 to comply with this limit, and this change meets the requirement that BART be installed and operational ``as expeditiously as practicable, but in no event later than five years after approval of the [SIP].'' 40 CFR 51.308(e)(1)(v). As a result, we propose to approve this SIP revision when it is submitted to EPA. III. Proposed Action EPA amends our proposal to approve a Louisiana regional haze SIP revision submitted on August 24, 2017 to allow a compliance date three years from the effective date of the final EPA approval of the SIP revision for Unit 6 of the Entergy Nelson EGU to meet a SO2 emissions limit of 0.6 lbs/MMBtu. IV. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to the Louisiana regulations as described in the Proposed Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. V. 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), 13563 (76 FR 3821, January 21, 2011) and 13771 (82 FR 9339, February 2, 2017); 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, Particulate matter, Reporting and recordkeeping requirements, Regional haze, Sulfur dioxides, Visibility. Authority: 42 U.S.C. 7401 et seq. Dated: September 20, 2017. Samuel Coleman, Acting Regional Administrator, Region 6. [FR Doc. 2017-20533 Filed 9-25-17; 8:45 am] BILLING CODE 6560-50-P
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back to the original position, 26°56′00″ ENVIRONMENTAL PROTECTION public comment policy, information
N., 082°21′11″ W. AGENCY about CBI or multimedia submissions,
(2) Spectator Area. All waters of the and general guidance on making
Gulf of Mexico contained with the 40 CFR Part 52 effective comments, please visit http://
following points: 26°55′33″ N., [EPA–R06–OAR–2017–0129; FRL–9967–64– www2.epa.gov/dockets/commenting-
082°22′21″ W., thence to position Region 6] epa-dockets.
26°54′14″ N., 082°21′35″ W., thence to Docket: The index to the docket for
position 26°54′11″ N., 082°21′40″ W., Approval and Promulgation of this action is available electronically at
thence to position 26°55′31″ N., Implementation Plans; Louisiana; www.regulations.gov and in hard copy
082°22′26″ W., thence back to position Regional Haze State Implementation at the EPA Region 6, 1445 Ross Avenue,
26°55′33″ N., 082°22′21″ W. Plan Suite 700, Dallas, Texas. While all
(3) Enforcement Area. All waters of documents in the docket are listed in
the Gulf of Mexico encompassed within AGENCY: Environmental Protection
the index, some information may be
the following points: 26°56′09″ N., Agency (EPA).
publicly available only at the hard copy
082°22′12″ W., thence to position ACTION: Proposed rule.
location (e.g., copyrighted material), and
26°54′13″ N., 082°21′03″ W., thence to SUMMARY: Pursuant to the Federal Clean some may not be publicly available at
position 26°53′58″ N., 082°21′43″ W., Air Act (CAA or the Act), the either location (e.g., CBI).
thence to position 26°55′56″ N., Environmental Protection Agency (EPA) FOR FURTHER INFORMATION CONTACT:
082°22′48″ W., thence back to position is amending our recent proposal to Jennifer Huser, 214–665–7347,
26°56′09″ N., 082°22′12″ W. approve a revision to the Louisiana huser.jennifer@epa.gov. To inspect the
(b) Definition. The term ‘‘designated State Implementation Plan (SIP) for hard copy materials, please schedule an
representative’’ means Coast Guard regional haze submitted for parallel appointment with Ms. Huser or Mr. Bill
Patrol Commanders, including Coast processing on August 24, 2017. On July Deese at 214–665–7253.
Guard coxswains, petty officers, and 13, 2017, we proposed to approve a SIP SUPPLEMENTARY INFORMATION:
other officers operating Coast Guard revision by the State of Louisiana Throughout this document wherever
vessels, and Federal, state, and local through the Louisiana Department of ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
officers designated by or assisting the Environmental Quality (LDEQ) to the EPA.
COTP St. Petersburg in the enforcement address certain Best Available Retrofit
of the regulated areas. Technology requirements under I. Background
(c) Regulations. Regional Haze for the Entergy R. S. Regional haze is visibility impairment
(1) All persons and vessels are Nelson facility (Nelson), which is an that is produced by a multitude of
prohibited from entering, transiting electric generating unit in Calcasieu sources and activities which are located
through, anchoring in, or remaining Parish. We now amend that proposal, by across a broad geographic area and emit
within the Race Area unless an proposing to approve a compliance date fine particles (PM2.5) (e.g., sulfates,
authorized race participant. three years from the effective date of the nitrates, organic carbon, elemental
(2) Designated representatives may final EPA approval of the SIP revision carbon, and soil dust) and their
control vessel traffic throughout the for Nelson to meet an emission limit for precursors. Fine particle precursors,
enforcement area as determined by the sulfur dioxide (SO2) emissions. such as SO2, react in the atmosphere to
prevailing conditions. DATES: Written comments must be form PM2.5, which also impair visibility
(3) All vessels are to be anchored and/ received on or before October 26, 2017. by scattering and absorbing light. The
or operate at a No Wake Speed in the
ADDRESSES: Submit your comments, CAA’s visibility protection program
spectator area. On-scene designated
identified by Docket No. EPA–R06– helps to protect clear views in national
representatives will direct spectator
OAR–2017–0129, at http:// parks and wilderness areas identified as
vessels to the spectator area.
(4) Persons and vessels may request www.regulations.gov or via email to ‘‘Class I Federal areas’’ (CAA section
authorization to enter, transit through, huser.jennifer@epa.gov. Follow the 169A, 40 CFR 51 subpart P and 40 CFR
anchor in, or remain within the online instructions for submitting 81 subpart D). Vistas in these areas are
regulated areas by contacting the COTP comments. Once submitted, comments often obscured by visibility-impairing
St. Petersburg by telephone at (727) cannot be edited or removed from pollutants caused by emissions from
824–7506, or a designated Regulations.gov. The EPA may publish numerous sources located over a wide
representative via VHF radio on channel any comment received to its public geographic area. The program requires
16. If authorization is granted by the docket. Do not submit electronically any SIPs to address visibility-impairing
COTP St. Petersburg or a designated information you consider to be pollutants. For more information on
representative, all persons and vessels Confidential Business Information (CBI) regional haze, visibility protection, and
receiving such authorization must or other information whose disclosure is SIPs please see our May 19, 2017 and
comply with the instructions of the restricted by statute. Multimedia July 13, 2017 Federal Register proposals
COTP St. Petersburg or a designated submissions (audio, video, etc.) must be for Louisiana EGUs discussed below.
representative. accompanied by a written comment. These proposals can be accessed
(d) Enforcement Period. This rule will The written comment is considered the through regulations.gov (docket EPA–
be enforced daily from 9 a.m. to 5 p.m. official comment and should include R06–OAR–207–0129).
on the third weekend of November discussion of all points you wish to On May 19, 2017, we published a
(Friday, Saturday and Sunday). make. The EPA will generally not proposal to approve a Louisiana SIP
consider comments or comment revision to address regional haze
Dated: September 20, 2017. contents located outside of the primary requirements for EGUs with the
Holly L. Najarian, submission (i.e. on the web, cloud, or exception of the Entergy R. S. Nelson
Captain, U.S. Coast Guard, Captain of the other file sharing system). For EGU (Entergy Nelson) in Calcasieu
Port Saint Petersburg. additional submission methods, please Parish (82 FR 22936). On July 13, 2017,
[FR Doc. 2017–20534 Filed 9–25–17; 8:45 am] contact Jennifer Huser, 214–665–7347, we published a proposal to approve a
BILLING CODE 9110–04–P huser.jennifer@epa.gov. For the full EPA proposed Louisiana SIP revision
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![44754 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules
submitted for parallel processing to IV. Incorporation by Reference • Does not provide EPA with the
address regional haze requirements for In this action, we are proposing to discretionary authority to address, as
Entergy Nelson (82 FR 32294). In the include in a final rule regulatory text appropriate, disproportionate human
July 13, 2017 action, we proposed to that includes incorporation by health or environmental effects, using
approve an SO2 emissions limit of 0.6 reference. In accordance with the practicable and legally permissible
pounds per million British Thermal requirements of 1 CFR 51.5, we are methods, under Executive Order 12898
Units (lbs/MMBtu) at Entergy Nelson proposing to incorporate by reference (59 FR 7629, February 16, 1994).
Unit 6. The compliance date we revisions to the Louisiana regulations as In addition, the SIP is not approved to
proposed to approve was no later than described in the Proposed Action apply on any Indian reservation land or
the effective date of our approval of a section above. We have made, and will in any other area where EPA or an
final SIP. On August 24, 2017, Louisiana continue to make, these documents Indian tribe has demonstrated that a
submitted a letter explaining its intent generally available electronically tribe has jurisdiction. In those areas of
to revise the compliance date in its SIP through www.regulations.gov and/or in Indian country, the proposed rule does
for Entergy Nelson Unit 6 based on a hard copy at the EPA Region 6 office. not have tribal implications and will not
public comment received during the impose substantial direct costs on tribal
V. Statutory and Executive Order governments or preempt tribal law as
State’s comment period. On June 21, Reviews
2017, Entergy, the owner and operator specified by Executive Order 13175 (65
Under the CAA, the Administrator is FR 67249, November 9, 2000).
of Nelson, submitted a comment to
required to approve a SIP submission
LDEQ on the proposed SIP. The that complies with the provisions of the List of Subjects in 40 CFR Part 52
comment letter requests a three-year Act and applicable Federal regulations. Environmental protection, Air
period for the transition to the proposed 42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by
SO2 limit for Nelson Unit 6. Entergy’s Thus, in reviewing SIP submissions, the reference, Intergovernmental relations,
letter explains that coal contracts are in EPA’s role is to approve state choices, Nitrogen dioxide, Particulate matter,
place for the next three years. Entergy provided that they meet the criteria of Reporting and recordkeeping
requests this longer compliance time to the CAA. Accordingly, this action requirements, Regional haze, Sulfur
allow the company’s fuel procurement merely proposes to approve state law as dioxides, Visibility.
to transition to new mines with lower meeting Federal requirements and does Authority: 42 U.S.C. 7401 et seq.
sulfur coal. As a result, Louisiana’s not impose additional requirements
revised compliance date for Entergy beyond those imposed by state law. For Dated: September 20, 2017.
Nelson Unit 6 to meet the SO2 emissions that reason, this action: Samuel Coleman,
limit is three years from the effective • Is not a ‘‘significant regulatory Acting Regional Administrator, Region 6.
date of our approval of the SIP revision. action’’ subject to review by the Office [FR Doc. 2017–20533 Filed 9–25–17; 8:45 am]
of Management and Budget under BILLING CODE 6560–50–P
II. The EPA’s Evaluation Executive Orders 12866 (58 FR 51735,
October 4, 1993), 13563 (76 FR 3821,
We sent clarifying questions via email
January 21, 2011) and 13771 (82 FR FEDERAL COMMUNICATIONS
to Entergy regarding their need for three
9339, February 2, 2017); COMMISSION
years to comply with the emission limit • Does not impose an information
of 0.6 lbs/MMBtu. The questions and collection burden under the provisions 47 CFR Parts 51, 61, and 69
Entergy’s response are included in the of the Paperwork Reduction Act (44
docket. A compliance date of three years [WC Docket No: 10–90; CC Docket No. 01–
U.S.C. 3501 et seq.); 92]
from the effective date of our approval • Is certified as not having a
of the SIP revision allows time for significant economic impact on a Parties Asked To Refresh the Record
Entergy Nelson to ensure that Unit 6 is substantial number of small entities on Intercarrier Compensation Reform
able to continuously meet a SO2 under the Regulatory Flexibility Act (5 Related to the Network Edge, Tandem
emissions limit of 0.6 lbs/MMBtu once U.S.C. 601 et seq.); Switching and Transport, and Transit
the emission limit becomes enforceable. • Does not contain any unfunded
We believe this is a reasonable basis to mandate or significantly or uniquely AGENCY: Federal Communications
allow three years for Nelson Unit 6 to affect small governments, as described Commission.
comply with this limit, and this change in the Unfunded Mandates Reform Act ACTION: Proposed rule.
meets the requirement that BART be of 1995 (Pub. L. 104–4);
installed and operational ‘‘as • Does not have Federalism SUMMARY: The Commission invites
implications as specified in Executive interested parties to update the record
expeditiously as practicable, but in no
Order 13132 (64 FR 43255, August 10, on issues raised by the Commission in
event later than five years after approval
1999); the 2011 Intercarrier Compensation
of the [SIP].’’ 40 CFR 51.308(e)(1)(v). As
a result, we propose to approve this SIP • Is not an economically significant (ICC) Transformation Further Notice of
regulatory action based on health or Proposed Rulemaking (FNPRM)
revision when it is submitted to EPA. regarding the network edge for traffic
safety risks subject to Executive Order
III. Proposed Action 13045 (62 FR 19885, April 23, 1997); that interconnects with the Public
• Is not a significant regulatory action Switched Telephone Network, tandem
EPA amends our proposal to approve subject to Executive Order 13211 (66 FR switching and transport, and transit (the
a Louisiana regional haze SIP revision 28355, May 22, 2001); non-access traffic functional equivalent
submitted on August 24, 2017 to allow • Is not subject to requirements of of tandem switching and transport). The
a compliance date three years from the section 12(d) of the National Commission seeks updated comment in
effective date of the final EPA approval Technology Transfer and Advancement light of regulatory and marketplace
of the SIP revision for Unit 6 of the Act of 1995 (15 U.S.C. 272 note) because developments that have occurred since
Entergy Nelson EGU to meet a SO2 this action does not involve technical the 2011 ICC Transformation FNPRM,
emissions limit of 0.6 lbs/MMBtu. standards; and including the transition of certain
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Document Created: 2017-09-26 02:48:40
Document Modified: 2017-09-26 02:48:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before October 26, 2017. | |
| Contact | Jennifer Huser, 214-665-7347, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Huser or Mr. Bill Deese at 214-665- 7253. | |
| FR Citation | 82 FR 44753 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Regional Haze; Sulfur Dioxides and Visibility |
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