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[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64344-64346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26935]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0337; FRL-9936-05-Region 4]

Approval and Promulgation of Implementation Plans; Florida; 
Regional Haze Plan Amendment--Lakeland Electric C.D. McIntosh

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of 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

[[Page 64345]]

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 is 
approving the BART NOx emissions limit for Unit 1 at McIntosh into the 
Florida SIP.

DATES: This rule is effective November 23, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0337. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, 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, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through 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

    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. FDEP also committed to modify the title V permit for 
McIntosh to include this new limit.
    To fulfill its commitment in accordance with the July 30, 2013 
letter, the State of Florida submitted a SIP revision dated March 10, 
2015, revising the State's regional haze SIP to include a NOx BART 
emissions limit for McIntosh Unit 1 and a construction permit (FDEP 
Permit No. 1050004-034-AC) dated April 30, 2014, for Unit 1 containing 
this limit. 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 a notice of proposed rulemaking (NPR) published on August 20, 
2015, EPA proposed to approve Florida's March 10, 2015, regional haze 
SIP revision fulfilling the State's July 20, 2013, commitment to 
provide EPA with a SIP revision containing a NOx BART emissions limit 
for McIntosh Unit 1 reflecting best operating practices for good 
combustion and conditions to modify the title V permit to incorporate 
this limit. See 80 FR 50591. The details of Florida's submittal and the 
rationale for EPA's actions are explained in the NPR. Comments on the 
proposed rulemaking were due on or before September 21, 2015. No 
adverse comments were received.

II. Final Action

    EPA is finalizing approval of the State of Florida's March 10, 
2015, SIP revision and revising the regional haze SIP to include the 
NOx BART emissions limit for Unit 1 and the April 30, 2014, 
construction permit containing this limit. EPA is approving these 
changes to the Florida SIP 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.

III. 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 
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 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).

[[Page 64346]]

    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.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 22, 2015. 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 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 8, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart K--Florida

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2. Section 52.520(e) is amended by adding an entry for ``Regional Haze 
Plan Amendment 3'' at the end of the table to read as follows:

Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
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                                      State                           Federal Register
           Provision             effective date   EPA approval date        notice              Explanation
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                                                  * * * * * * *
Regional Haze Plan Amendment 3.       4/30/2014  10/23/2015........  [Insert Federal     Establishes NOX BART
                                                 [Insert Federal      Register            emissions limit for
                                                  Register            citation].          Unit 1 at the Lakeland
                                                  citation].                              Electric--C.D.
                                                                                          McIntosh Power Plant
                                                                                          and includes FDEP
                                                                                          Permit No. 1050004-034-
                                                                                          AC.
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[FR Doc. 2015-26935 Filed 10-22-15; 8:45 am]
 BILLING CODE 6560-50-P
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