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[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Rules and Regulations]
[Pages 72742-72744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29397]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0078; FRL-9722-9]

Approval and Promulgation of State Implementation Plans: State of 
Washington; Regional Haze State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the Best Available 
Retrofit Technology (BART) determination for NOX for the 
TransAlta Centralia Generation LLC coal-fired power plant in Centralia, 
Washington (TransAlta). The Washington State Department of Ecology 
(Ecology) submitted its Regional Haze State Implementation Plan (SIP) 
on December 22, 2010 to meet the requirements of the Clean Air Act 
Regional Haze Rule at 40 CFR 50.308. On December 29, 2011 Ecology 
submitted an update to the SIP submittal containing a revised and 
updated BART determination for TransAlta. On May 23, 2012, EPA proposed 
to approve the portion of the revised SIP submission containing the 
BART determination for TransAlta.77 FR 30467. EPA plans to act on the 
remaining Regional Haze SIP elements for Washington in the near future.

DATES: This action is effective on January 7, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R10-OAR-

[[Page 72743]]

2012-0078. Generally documents in the docket are available at http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air, 
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington 
98101. Please note that while many of the documents in the docket are 
available electronically at http://www.regulations.gov, some 
information may not be publicly available, i.e., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, large 
maps or voluminous materials, is not placed on the Internet and will be 
publicly available only at the hard copy location. To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed directly below.

FOR FURTHER INFORMATION CONTACT: Steve Body, (206) 553-0782, or by 
email at body.steve@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Information is organized 
as follows:

I. What is the background for this final action?

    Ecology submitted its Regional Haze SIP on December 22, 2010 to 
meet the requirements of 40 CFR 50.308. On December 29, 2011 Ecology 
submitted an update to the SIP submittal containing a revised and 
updated BART determination for TransAlta. On May 23, 2012, EPA proposed 
to approve the portion of the SIP submission containing the BART 
determination for NOX at TransAlta.
    The TransAlta power plant, located in Centralia, Washington, is a 
two unit coal-fired power plant rated at 702.5 MW each, when burning 
coal from the Centralia coalfield as originally designed. The units now 
burn coal from the Wyoming Powder River Basin and are rated at 670 MW 
each. As explained in the proposal, these Units are subject to BART. 
The Regional Haze SIP revision imposes as BART a NOX 
emission limitation of 0.21 lb/MMBtu for each unit based on the 
installation of selective noncatalytic reduction on both coal-fired 
units plus Flex Fuel. It also requires a one year performance 
optimization study and lowering the emission limits based on the study 
results. Additionally, the BART determination requires one unit to 
cease burning coal by December 31, 2020 and the second unit by December 
31, 2025 unless Ecology determines that state or federal law requires 
selective catalytic reduction to be installed on either unit.
    A detailed explanation of the Regional Haze Rule, the BART 
requirements, Ecology's BART determination for TransAlta and EPA's 
reasons for approving this SIP revision were provided in the notice of 
proposed rulemaking on May 23, 2012 and will not be restated here.

II. What is our response to comments received on the notice of proposed 
rulemaking?

    The public comment period for EPA's proposal to approve the 
TransAlta BART determination closed on June 22, 2012. EPA received only 
one comment on its proposal. The comment, from TransAlta, encouraged 
EPA to approve the BART determination for NOX as proposed.

III. What action is EPA taking?

    EPA is approving the NOX emissions BART determination 
for TransAlta.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law. Consistent with EPA 
policy, EPA nonetheless provided a consultation opportunity to Tribes 
in Idaho, Oregon and Washington in letters dated January 14, 2011. EPA 
received one request for consultation, and we have followed-up with 
that Tribe.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 4, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to

[[Page 72744]]

enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Air pollution control, Environmental protection,, Incorporation by 
reference, Intergovernmental relations, Nitrogen Oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Visibility. Volatile organic compounds.

    Dated: August 20, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart WW--Washington

0
2. Section 52.2470 is amended by adding paragraph (c)(89) to read as 
follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *
    (89) On December 29, 2011, the Washington State Department of 
Ecology submitted a Best Available Retrofit Technology (BART) 
determination and revised BART Order 6426 for the TransAlta Centralia 
Generating LLC facility in Centralia, Washington.
    (i) Incorporation by reference.
    (A) State of Washington, Department of Ecology, Order 6426, first 
revision, ``BART Emission Limitations,'' issued to TransAlta Centralia 
Generation, LLC, dated December 13, 2011, except the undesignated 
introductory text, the section titled ``Findings,'' and the 
undesignated text following condition 13.

0
3. Section 52.2475 is amended by adding paragraph (g)(2) to read as 
follows:

Sec.  52.2475  Approval of plans.

* * * * *
    (g) * * *
    (2) EPA approves the Best Available Retrofit Technology (BART) 
determination for the TransAlta Centralia Generating LLC facility in 
Centralia Washington submitted by the Washington State Department of 
Ecology on December 29, 2011.

[FR Doc. 2012-29397 Filed 12-5-12; 8:45 am]
BILLING CODE 6560-50-P
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