[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Rules and Regulations]
[Pages 2834-2836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00867]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0342; FRL-9921-66-Region 3]


Approval and Promulgation of Implementation Plans; Pennsylvania; 
Pennsylvania Regional Haze State Implementation Plan Revision--
Particulate Matter Best Available Retrofit Technology Limit for the 
Cheswick Power Plant in Allegheny County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Pennsylvania State Implementation Plan (SIP) submitted 
by the Commonwealth of Pennsylvania through the Pennsylvania Department 
of Environmental Protection (PADEP). This SIP revision addresses an 
error in the Best Available Retrofit Technology (BART) requirements for 
Boiler Number 1 of the Cheswick Generating Station (Cheswick) in 
Allegheny County. EPA is approving the portion of Pennsylvania's SIP 
revision addressing the particulate matter (PM) BART requirements as it 
is in accordance with the requirements of the Clean Air Act (CAA) and 
EPA's rules for BART.

DATES: This final rule is effective on February 20, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0342. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 materials are 
available either electronically through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at <a href="/cdn-cgi/l/email-protection#a9dac1c8c7cddbdcc287c0dbccc7cce9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="3f4c575e515b4d4a5411564d5a515a7f5a4f5e11585049">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

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 (e.g., sulfates, nitrates, 
organic carbon, elemental carbon, and soil dust) and their precursors 
(e.g., sulfur dioxide (SO<INF>2</INF>), nitrogen oxides 
(NO<INF>X</INF>), and in some cases, ammonia (NH<INF>3</INF>) and 
volatile organic compounds (VOC)). Fine particle precursors react in 
the atmosphere to form fine particulate matter (PM<INF>2.5</INF>), 
which impairs visibility by scattering and absorbing light. Visibility 
impairment reduces the clarity, color, and visible distance that one 
can see. Section 169A of the CAA establishes as a national goal the 
``prevention of any future, and the remedying of any existing, 
impairment of visibility in mandatory class I Federal areas which 
impairment results from manmade air pollution'' and requires SIPs for 
states whose emissions may reasonably be anticipated to cause or 
contribute to visibility impairment in Class I areas to contain 
emission limits, compliance schedules and other measures as may be 
necessary to make reasonable progress toward the national goal of 
achieving natural visibility conditions in Class I areas. A regional 
haze SIP generally must include, among other measures, source-specific 
BART emission limits for each source subject to BART. A detailed 
discussion of the requirements of the regional haze program can be 
found in our earlier notice proposing action on Pennsylvania's regional 
haze SIP. See 77 FR 3984 (January 26, 2012).
    On December 20, 2010, PADEP submitted revisions to the Pennsylvania 
SIP to address regional haze

[[Page 2835]]

requirements as required by the CAA. Among the measures included in the 
SIP submission and approved by EPA for the SIP on July 13, 2012 (77 FR 
41279) was a coarse PM (PM<INF>10</INF>) BART emission limit for 
Cheswick of 361 tons per year (tpy). PADEP has determined that this 
limit was set in error and submitted a SIP revision on March 25, 2014 
to correct the PM<INF>10</INF> BART emission limit. On October 30, 2014 
(79 FR 64539), EPA published a notice of proposed rulemaking (NPR) for 
the Commonwealth of Pennsylvania. In the NPR, EPA proposed approval of 
the portion of Pennsylvania's March 25, 2014 SIP revision addressing 
the PM<INF>10</INF> BART requirements as it is in accordance with the 
requirements of the CAA and EPA's rules for BART.

II. Summary of SIP Revision

    PADEP explained in its March 25, 2014 SIP revision that the 
PM<INF>10</INF> BART emission limit of 361 tpy for Boiler No. 1 at 
Cheswick included in the December 20, 2010 regional haze SIP submission 
was found to be incorrect during the public comment period for EPA's 
proposed approval of the regional haze SIP. The December 20, 2010 
regional haze SIP submittal included the 361 tpy PM<INF>10</INF> limit 
because at the time PADEP was assessing the appropriate BART limits, it 
decided to base the PM<INF>10</INF> BART limit on the May 4, 2009 BART 
review memo for Cheswick which referred to conditions of certain 
permits for Cheswick as BART, and the review memo listed Cheswick's 
potential to emit at 361 tpy. However, PADEP later discovered the 
PM<INF>10</INF> potential to emit included in the May 4, 2009 BART 
review memo was incorrect and that Cheswick's permits included a 
PM<INF>10</INF> emission limit of 180 pounds per hour (lbs/hr). The 
March 25, 2014 SIP revision replaces the incorrect PM<INF>10</INF> 
emission limit of 361 tpy with the correct BART PM<INF>10</INF> 
emission limit for Boiler No. 1 of 180 lbs/hr, which includes 
condensable particulate matter, but excludes sulfuric acid mist 
(H<INF>2</INF>SO<INF>4</INF>).
    The March 25, 2014 SIP revision submittal included a revised BART 
review memo for Cheswick which recommended the PM<INF>10</INF> emission 
limit of 180 lbs/hr as BART for Cheswick based largely on minimal 
visibility impacts to Class I areas from Cheswick and installed 
pollution controls at Cheswick in accordance with 40 CFR part 51, 
appendix Y, Guidelines for BART Determinations Under the Regional Haze 
Rule (the BART Guidelines). The rationale for EPA's proposed action 
approving the PM<INF>10</INF> BART revision for Cheswick and finding 
the SIP revision would not interfere with visibility improvement or any 
CAA requirement is explained in detail in the NPR as in accordance with 
sections 110, 169A, and 169B of the CAA and with the regional haze 
regulations at 40 CFR 51.308 and will not be restated here. No adverse 
public comments were received on the NPR.

III. Final Action

    EPA is approving a portion of Pennsylvania's March 25, 2014 
revision to its regional haze SIP which revises the PM<INF>10</INF> 
BART emission limitation for Cheswick. EPA will take later, separate 
action concerning the remainder of the March 25, 2014 SIP revision 
which included revised BART emission limits for sulfur dioxide and 
nitrogen oxides. This conclusion is based on our review of the March 
25, 2014 SIP revision as well as Pennsylvania's regional haze SIP 
including technical data and supporting analysis. The PM<INF>10</INF> 
emission rate of 180 lbs/hr (including condensables and excluding 
H<INF>2</INF>SO<INF>4</INF>) supersedes the previous PM<INF>10</INF> 
BART determination for Cheswick included in the December 20, 2010 
regional haze SIP which EPA approved July 13, 2012 (77 FR 41279). EPA 
finds Pennsylvania's PM<INF>10</INF> BART determination for Cheswick 
reasonable and finds the revision will not interfere with visibility 
improvements or any other CAA requirements set forth in sections 
110(l), 169A, and 169B of the CAA, as well as in our implementing 
regulations at 40 CFR 51.308.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 revising a BART limitation for Cheswick 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.

B. Submission to Congress and the Comptroller General

    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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

[[Page 2836]]

C. Petitions for Judicial Review

    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 March 23, 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 revising the PM<INF>10</INF> BART emission 
limitation for Cheswick for Pennsylvania's regional haze SIP 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: December 30, 2014.
William C. Early,
Acting Regional Administrator, Region III.

    Therefore, 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 NN Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry under ``Regional Haze Plan'' to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable      State submittal
            revision               geographic area         date        EPA approval date  Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Regional Haze Plan.............  Statewide.........         3/25/14   [01/21/15] [Insert  Revises PM10 Best
                                                                       Federal Register    Available Retrofit
                                                                       citation].          Technology emission
                                                                                           limit for Boiler No.
                                                                                           1 of the Cheswick
                                                                                           Power Plant in
                                                                                           Allegheny County.
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2015-00867 Filed 1-20-15; 8:45 am]
BILLING CODE 6560-50-P


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