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

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Final Rules section of 

this Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the state’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: August 3, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–20529 Filed 8–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0337; FRL–9932–57– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Regional Haze Plan Amendment— 

Lakeland Electric C.D. McIntosh 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State of Florida’s March 10, 2015, 

State Implementation Plan (SIP) 

revision, submitted by the Florida 

Department of Environmental Protection 

(FDEP). This submittal fulfills Florida’s 

commitment to EPA to provide a 

regional haze SIP revision with a Best 

Available Retrofit Technology (BART) 

nitrogen oxides (NOX) emissions limit 

for Unit 1 at the Lakeland Electric–C.D. 

McIntosh Power Plant (McIntosh) 

reflecting best operating practices for 

good combustion. States are required to 

address the BART provisions of the 

Clean Air Act (CAA or Act) and EPA’s 

regional haze regulations as part of a 

program to prevent any future and 

remedy any existing anthropogenic 

impairment of visibility in mandatory 

Class I areas (national parks and 

wilderness areas) caused by emissions 

of air pollutants from numerous sources 

located over a wide geographic area 

(also referred to as the ‘‘regional haze 

program’’) and to assure reasonable 

progress toward the national goal of 

achieving natural visibility conditions 

in Class I areas. In this action, EPA 

proposes to approve the BART NOX

emissions limit for Unit 1 at McIntosh 

into the Florida SIP. 

DATES: Written comments must be 

received on or before September 21, 

2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No EPA–R04– 

OAR–2015–0337, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015– 

0337,’’ Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2015– 

0337. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, i.e., CBI 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 


tkelley on DSK3SPTVN1PROD with PROPOSALS
50592 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Proposed Rules 

1 In that final action, EPA concluded that it ‘‘is 

reasonable for the State to implement a NOX BART 

emissions limit for Unit 1 upon EPA’s approval of 

the’’ five-year regional haze periodic progress report 

‘‘because of the limited visibility impact of NOX

emissions from Unit 1 and because the BART limit 

will reflect the existing level of control.’’ 78 FR 

53263. 

2FDEP’s July 30, 2013, commitment letter is 

located in the docket for today’s proposed action. 3See July 22, 2015, email from Preston McLane, 

FDEP, to Lynorae Benjamin, EPA Region 4, located 

in the docket for today’s proposed action. 

4The docket for today’s proposed action contains 

the 2001–2003 CEMS data for Unit 1 from CAMD. 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michele Notarianni, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Notarianni can be reached by phone at 

(404) 562–9031 or via electronic mail at 

notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

On December 10, 2012, EPA proposed 

to approve the BART and reasonable 

progress determinations for a number of 

EGUs in Florida as part of Florida’s 

regional haze SIP. See 77 FR 73369. In 

that action, EPA proposed approval of 

Florida’s BART determination for 

emissions Units 1 and 2 at McIntosh 

found subject to BART. On August 29, 

2013, EPA issued a final, full approval 

of Florida’s regional haze SIP. See 78 FR 

53250. In that final action, EPA 

approved the BART determination for 

the McIntosh facility, including the 

determination that the existing level of 

control for NOX at Unit 1, best operating 

practices for good combustion, is the 

NOX BART control for Unit 1. See 78 FR 

53263. As described in the August 29, 

2013, final action, FDEP submitted a 

letter to EPA dated July 30, 2013, in 

which the State committed to provide 

EPA with a regional haze SIP revision 

no later than March 19, 2015, the 

deadline for the State’s five-year 

regional haze periodic progress report 

SIP, that would include a NOX BART 

emissions limit for Unit 1 reflecting best 

operating practices for good 

combustion.1 FDEP also committed to 

modify the title V permit for McIntosh 

to include this new limit.2

To fulfill its commitment in 

accordance with the July 30, 2013 letter, 

the State of Florida submitted a SIP 

revision dated March 10, 2015, seeking 

to revise its regional haze SIP to include 

a NOX BART emissions limit for Unit 1 

and the April 30, 2014, construction 

permit establishing this NOX BART 

emissions limit for Unit 1. The permit 

contains supporting conditions (e.g., 

monitoring requirements) and a 

condition specifying a schedule for 

McIntosh to apply for a revision to its 

title V permit to reflect the new permit 

conditions. In this action, EPA proposes 

to approve Florida’s March 10, 2015, 

SIP submittal for the reasons discussed 

in Section II, below. 

II. What is EPA’s Analysis of Florida’s 

Plan? 

Florida’s March 10, 2015, SIP revision 

seeks to revise the State’s regional haze 

SIP to include a NOX BART emissions 

limit for McIntosh Unit 1 and a 

construction permit (DEP Permit No. 

1050004–034–AC) dated April 30, 2014, 

for Unit 1 containing this limit. The SIP 

revision and construction permit 

establish a NOX BART emissions limit 

of 0.46 pounds per million British 

Thermal Unit (lb/MMBtu) of heat input 

on a 30-operating day rolling average for 

Unit 1 in accordance with Florida’s July 

30, 2013, commitment letter and the 

NOX BART control determination. 

Florida set this limit by considering 

NOX emissions data for Unit 1 from 

2001–2003, the baseline period used by 

the State as the basis for its BART 

determination for McIntosh.3 The 

permit states that the limit is effective 

no later than EPA’s approval of Florida’s 

March 10, 2015, regional haze SIP 

revision. Compliance with the BART 

NOX emissions limit will be 

demonstrated with a NOX CEMS that 

must comply with the certification and 

quality assurance, and other applicable 

requirements of Rule 62–297.520, 

F.A.C.; 40 CFR 60.13, including 

certification of each device in 

accordance with 40 CFR part 60, 

Appendix B, Performance Specifications 

and 40 CFR 60.7(a)(5); or 40 CFR part 

75. Quality assurance procedures must 

conform to all applicable sections of 40 

CFR part 60, Appendix F or 40 CFR part 

75. 

The construction permit also sets the 

deadlines for McIntosh to submit an 

application to revise its title V permit to 

include the NOX BART limit and 

supporting conditions for Unit 1. 

Section 2.8 of the permit states that the 

‘‘permittee shall apply for the Title V 

permit revision within 180 days of U.S. 

EPA’s approval of the amendment to 

Florida’s Regional Haze State 

Implementation Plan (SIP).’’ 

EPA proposes to find that the March 

10, 2015, SIP revision containing the 

NOX BART emissions limit and new 

permit conditions for Unit 1 fulfills 

Florida’s commitment to establish a 

NOX BART emissions limit for Unit 1 

that reflects best operating practices for 

good combustion and to amend the 

facility’s title V permit to include the 

permit limit and supporting conditions. 

EPA has evaluated the CEMS data 

reported to EPA’s Clean Air Markets 

Division (CAMD) for Unit 1 from 2001– 

2003 and believes that the NOX BART 

emissions limit is consistent with the 

NOX BART control determination.4

Therefore, EPA proposes to incorporate 

the NOX BART limit for Unit 1 and Air 

Permit No. 1050004–034–AC into 

Florida’s regional haze SIP. 

III. Proposed Action 

EPA is proposing to approve Florida’s 

March 10, 2015, regional haze SIP 

revision and revise the regional haze SIP 

to include the NOX BART emissions 

limit for Unit 1 described above and the 

April 30, 2014, construction permit 

containing this limit. EPA is proposing 

to approve Florida’s SIP submission 

because the submission meets the 

applicable regional haze requirements 

as set forth in the CAA and in EPA’s 

regional haze regulations and the 

applicable requirements of section 110 

of the CAA. As discussed above, EPA 

fully approved Florida’s regional haze 

SIP on August 29, 2013. Today’s action 

does not reopen EPA’s final BART 

control determination for McIntosh Unit 

1 or any other aspect of EPA’s August 

29, 2013 final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Proposed Rules 50593 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: August 5, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2015–20497 Filed 8–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 37 

[Docket DOT–OST–2015–0075] 

Transportation for Individuals With 

Disabilities; Service Criteria for 

Complementary Paratransit Fares 

AGENCY: Office of the Secretary (OST), 

U.S. Department of Transportation 

(DOT). 

ACTION: Notice of petition for 

rulemaking; request for comments. 

SUMMARY: This document seeks public 

comments on a petition for rulemaking 

from Access Services concerning the 

Department’s regulations implementing 

the Americans with Disabilities Act 

(ADA) with respect to the method of 

determining the fare for a trip charged 

to an ADA paratransit eligible user. The 

petition asks the Department to revise 

its regulation to allow for a 

‘‘coordinated’’ or two-tier fare structure. 

The current regulation provides that the 

fare shall not exceed twice the fare that 

would be charged to an individual 

paying full fare for a similar trip on the 

fixed route system. 

DATES: Comments must be received by 

September 21, 2015. 

ADDRESSES: Please submit your 

comments by only one of the following 

methods: 

• Online: Use the Federal 

eRulemaking portal at http://

www.regulations.gov and follow the 

instructions for submitting comments. 

• U.S. Mail: Send your comments to 

the Docket Management Facility, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: Go to 

Room W12–140 on the ground floor of 

the West Building, U.S. Department of 

Transportation headquarters, 1200 New 

Jersey Avenue SE., between 9 a.m. and 

5 p.m. Eastern-time, Monday through 

Friday except Federal holidays. 

• Telefax: Send your comments to 

202–493–2251. 

Instructions: All comments must 

include the docket number for this 

rulemaking: DOT–OST–2015–0075. 

Submit two copies of your comments if 

you submit them by mail. For 

confirmation that DOT received your 

comments, include a self-addressed, 

stamped postcard. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

under ‘‘Supplementary Information,’’ 

below, for Privacy Act information 

pertinent to any submitted comments or 

materials, and you may review DOT’s 

complete Privacy Act Statement 

published in the Federal Register on 

April 11, 2000, at 65 FR 19477. 

Docket Access: For access to 

background documents and comments 

received in the rulemaking docket, go to 

http://www.regulations.gov or to the 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., Room W12– 

140, Washington, DC 20590 between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jill 

Laptosky, Attorney-Advisor, Office of 

General Counsel, U.S. DOT, 1200 New 

Jersey Ave. SE., Washington, DC 20590, 

phone: (202) 493–0308, or email, 

Jill.Laptosky@dot.gov; or Bonnie Graves, 

Assistant Chief Counsel for Legislation 

and Regulations, Office of Chief 

Counsel, Federal Transit 

Administration, same address, phone: 

(202) 366–4011, or email, 

Bonnie.Graves@dot.gov. 

SUPPLEMENTARY INFORMATION: On March 

4, 2015, the U.S. Department of 

Transportation (DOT) received a 

petition for rulemaking from Access 

Services, the Americans with 

Disabilities Act (ADA) complementary 

paratransit provider for 44 fixed route 

transit providers in Los Angeles County, 

California. Access Services uses a 

‘‘coordinated’’ or two-tier fare structure 

where it generally charges $2.75 for oneway trips up to 19.9 miles, and $3.50 for 

one-way trips of 20 miles or more. In 

some cases, these fares exceed twice the 

fixed route fare. The DOT’s ADA 

regulation at 49 CFR 37.131(c) provides 

that the fare for a trip charged to an 

ADA paratransit eligible user of the 

complementary paratransit service shall 

not exceed twice the fare that would be 

charged to an individual paying full fare 

for a trip of similar length, at a similar 

time of day, on the entity’s fixed route 

system. In recent triennial reviews of 

some fixed route providers in Los 

Angeles County, the Federal Transit 

Administration (FTA) has made 

findings that the ADA paratransit fares 

exceed twice the fixed route fare. In 

other words, some paratransit riders are 

paying more for ADA paratransit fares 

than they should be under the 

Department’s existing regulations. 


tkelley on DSK3SPTVN1PROD with PROPOSALS