Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Regional Haze, 46952-46959 [2012-19137]
Download as PDF
erowe on DSK2VPTVN1PROD with RULES
46952
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
(D) In the absence of any
circumstances identified in paragraph
(a)(5)(i) of this section, the operation of
a small Post Office at a deficit.
(iii) Notice to customers. Local
management must provide notification
and questionnaires to customers at the
USPS-operated retail facility under
study. Local management may
determine whether notification is
appropriate through media outlets. In
addition, the following customers that
receive delivery service from the USPSoperated retail facility must receive
notification and questionnaires by mail:
(A) Post Office Box customers at the
USPS-operated retail facility under
study;
(B) Customers whose delivery carrier
is stationed out of the USPS-operated
retail facility under study;
(C) Customers in the delivery area of
the same ZIP Code as the retail facility
under study, regardless of whether the
delivery carriers for those customers are
stationed out of the retail facility under
study or out of a nearby facility; and
(D) Customers whom the retail facility
under study serves for allied delivery
services such as mail pickup.
(iv) Initial feasibility study due to
emergency suspension. Wherever
possible when an initial feasibility
study is to be initiated under
§ 241.3(a)(5)(i)(B) (for example, when it
is anticipated that a lease or rental
agreement will be cancelled with no
suitable alternate quarters available in
the community), responsible personnel
should initiate the initial feasibility
study sufficiently in advance of the
circumstance prompting the emergency
suspension to allow a meaningful
opportunity for public input to be taken
into account. If public input cannot be
sought sufficiently in advance of the
end date of the lease or rental
agreement, responsible personnel
should endeavor, to the extent possible,
to continue operation of the USPSoperated retail facility for the duration
necessary to gather public input and
make a more fully informed decision on
whether to proceed with a
discontinuance proposal. Customers
formerly served by the suspended
facility should receive notice under
paragraph (a)(5)(iii) of this section,
including by mail, to the same extent
that they would have if the facility were
not in suspended status at the time of
the initial feasibility study, proposal, or
final determination.
*
*
*
*
*
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012–19201 Filed 8–6–12; 8:45 am]
BILLING CODE 7710–12–P
VerDate Mar<15>2010
15:03 Aug 06, 2012
Jkt 226001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0059; FRL–9694–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; Regional Haze
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving revisions to
the Wisconsin State Implementation
Plan (SIP) addressing regional haze for
the first implementation period, which
extends through July 31, 2018.
Wisconsin submitted its regional haze
plan on January 18, 2012, with a
supplemental submittal on June 7, 2012.
EPA received comments on its proposed
approval, addressing best available
retrofit technology (BART) for a GeorgiaPacific Consumer Products, L.P.
(Georgia-Pacific) paper facility and for
power plants. EPA provides its response
to these comments, and concludes that
the Wisconsin regional haze plan
satisfactorily addresses these
requirements. Consequently, EPA is
approving an administrative order
establishing BART requirements for
Georgia-Pacific into the Wisconsin SIP.
More generally, EPA finds that
Wisconsin has satisfied the applicable
requirements for the State to remedy
any existing and to prevent future
impairment of visibility at mandatory
Class I areas.
DATES: This final rule is effective on
September 6, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2012–0059. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, 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 at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Matt
Rau, Environmental Engineer, at (312)
SUMMARY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
886–6524 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION: This
supplementary information section is
arranged as follows:
I. What was proposed in the proposed rule?
II. What are the responses to comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What was proposed in the proposed
rule?
Wisconsin Department of Natural
Resources (WDNR) submitted its
regional haze plan on January 18, 2012,
with a supplemental submittal on June
7, 2012. This plan was intended to
address the requirements in Clean Air
Act section 169A and the regional haze
rule in Title 40 Code of Federal
Regulations 51.308 (40 CFR 51.308).
This plan concluded that the GeorgiaPacific paper mill in Green Bay and
several electric generating units (EGUs)
were subject to requirements for BART.
For Georgia-Pacific, EPA proposed
action on a draft administrative order
that establishes a cap on the sum of
sulfur dioxide (SO2) emissions and of
nitrogen oxide (NOX) emissions from
the various boilers at the facility,
including two boilers subject to the
BART requirement and multiple other
boilers not subject to this requirement.
For the power plants, Wisconsin is
relying on the Cross-State Air Pollution
Rule (CSAPR) as a trading program
alternative to mandating source-specific
BART, except that Wisconsin addressed
BART for particulate matter (PM) for
EGUs by supplementing existing limits
with a more stringent PM emission limit
for one plant.
EPA reviewed Wisconsin’s plan
according to the regional haze rule as
promulgated on July 1, 1999 (64 FR
35713), and subsequently amended on
July 6, 2005 (70 FR 39156), and on
October 16, 2006 (70 FR 60631). The
July 6, 2005, amendment provides
further guidance on provisions related
to BART.
EPA proposed approval of the
Wisconsin regional haze plan on
February 28, 2012 (77 FR 11928). The
proposed rule described the nature of
the regional haze problem and the
statutory and regulatory background for
EPA’s review of Wisconsin’s regional
haze plan. The proposed rule provided
a lengthy description of the regional
E:\FR\FM\07AUR1.SGM
07AUR1
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
haze plan requirements, including
mandating BART, consulting with other
states to establish goals for reasonable
further progress in mitigating
anthropogenic visibility impairment,
and adopting limitations necessary to
implement a long-term strategy for
reducing visibility impairment. EPA
proposed to approve the Wisconsin plan
as properly identifying the facilities
subject to BART and mandating
emission reductions meeting the
applicable BART requirements. EPA
also proposed to approve the Wisconsin
plan as meeting other regional haze
requirements, such as having a longterm strategy that provides an
appropriate contribution from
Wisconsin toward meeting reasonable
progress goals.
erowe on DSK2VPTVN1PROD with RULES
II. What are the responses to
comments?
In response to its proposed rule, EPA
received comments from the Sierra
Club, the National Park Service (NPS),
Wisconsin Department of Natural
Resources (WDNR), Georgia-Pacific, and
the U.S. Forest Service. The comments
are included in the docket, EPA–R05–
OAR–2012–0059. A summary of the
comments are included below along
with EPA’s response.
Comments by Sierra Club
Comment: Sierra Club submitted
extensive comments relating to
Wisconsin’s reliance on CSAPR to
satisfy the BART requirement for EGUs.
Sierra Club believes that the Clean Air
Act requires BART on a source-bysource basis. Even if reliance on a
trading program is permissible, Sierra
Club finds that Wisconsin failed to
make the source-specific BART
determinations that are required under
40 CFR 51.308(e)(2) for assessing the
relative merits of a trading program. In
the view of Sierra Club, it is not clear
that CSAPR provides surplus emission
reductions that are creditable for
satisfying the BART requirement. Sierra
Club comments that, ‘‘CSAPR does not
ensure that emissions reductions will be
made to help achieve reasonable
progress goals (RPGs),’’ and in particular
does not require BART at a plant that is
within 300 kilometers from Seney, i.e.,
the Pulliam plant. In addition, Sierra
Club objects to reliance on CSAPR
because it is presently stayed. Sierra
Club objects that the annual CSAPR
programs only limit annual emissions,
thus allowing shorter-term emission
variations that could adversely affect
visibility. Sierra Club believes that
EPA’s analysis of whether CSAPR
would provide better visibility
protection than source-specific
VerDate Mar<15>2010
15:03 Aug 06, 2012
Jkt 226001
application of BART limits is flawed,
because EPA used presumptive BART
levels to represent BART rather than the
more stringent BART levels that sourcespecific BART analyses would identify.
Response: As noted in the proposed
rule, these comments are addressed in a
separate rulemaking, published on June
7, 2012, at 77 FR 33642. The EPA’s
response to these comments can be
found in Docket ID No. EPA–HQ–OAR–
2011–0729 at www.regulations.gov. The
Pulliam plant, which is approximately
240 kilometers from Seney Wilderness
Area, is one of many plants in the
Midwest and beyond that contribute to
visibility impairment at the Seney
Wilderness Area. EPA’s conclusion
regarding satisfaction of BART
requirements for EGUs is based on a
finding that controls required under
CSAPR can be expected to provide
better visibility protection than would
be obtained from direct application of
BART at Pulliam and other subject
EGUs.
Comment: Sierra Club asserts that
EPA cannot approve the administrative
order that provides the necessary BART
limits for Georgia-Pacific because the
State does not have authority to submit
administrative orders for this purpose.
Sierra Club quotes Wisconsin Statute
Section 285.14(1): ‘‘[WDNR] may not
submit a control measure or strategy
that imposes or may result in regulatory
requirements to the federal
environmental protection agency for
inclusion in a state implementation plan
under 42 U.S.C. § 7410 unless the
department has promulgated the control
measure or strategy as a rule.’’ In Sierra
Club’s view, this statute requires
Wisconsin to submit its limitations only
in the form of state rule. Sierra Club also
notes that Wisconsin law mandates that
measures to be submitted must be
subject to other mandated review
procedures. Sierra Club believes that the
State has not met these procedural
requirements for the administrative
order for Georgia-Pacific. Thus, Sierra
Club concludes that Wisconsin does not
have the authority to submit this
administrative order to EPA and that
EPA must disapprove the submission
because it does not meet the
requirement in Clean Air Act section
110(a)(2)(E) that submissions be valid at
the state level.
Response: Wisconsin issued a valid
administrative order in full compliance
with State law. In its submission, the
State clarified that it has in fact met the
requirements of Wisconsin Statute
285.14(1) by creating Wisconsin
Administrative Code Natural Resources
(NR) 433. The statute does not require
that particular limits be adopted by rule
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
46953
or that the rule be the means by which
the limits are enforced. Instead, in this
case, Wisconsin first adopted a rule that
mandates implementation of BART for
sources determined to be subject to
provisions in 40 CFR 51.308(e) requiring
BART. Then, in accordance with NR
433, Wisconsin defined the specifics of
the control measure by issuing a
determination of BART numerical
limits. The administrative order for
Georgia-Pacific establishes permanency
for the BART numerical limits set forth
in the determination.
Wisconsin provided multiple
opportunities for public comment on
this issue. Wisconsin held a public
hearing during the adoption of NR 433.
Since this rule mandated BART and
defined the process by which particular
limits would be established, this State
rulemaking was the most appropriate
time for Sierra Club to identify its
concerns regarding the adequacy of NR
433, specifically, and the State’s BART
process, generally, to provide the
rulemaking to satisfy Wisconsin Statute
285.14. Notably, it appears that Sierra
Club did not raise this objection during
the adoption of NR 433. Wisconsin also
met the other procedural requirements
for public hearings of concern to Sierra
Club during the NR 433 adoption
process. Finally, the State solicited
public review and responded to
comments for several iterations of the
proposed BART numerical emission
limits that it intended to use as the
precise numerical definition of BART
for Georgia-Pacific. The State addressed
comments in determining final BART
conditions and fulfilled the procedural
requirements including public hearings
necessary under State statutes.
Consequently, EPA believes that
Wisconsin has met the applicable
statutory requirements for requiring
BART at Georgia-Pacific, and EPA
believes that the State’s submitted
administrative order is fully valid at the
State level and fully approvable under
section 110.1
Comment: Sierra Club comments on
discussion in the proposed rule
expressing EPA’s concerns about the
enforceability of the language of the
draft administrative order. Given these
EPA concerns, Sierra Club objects to the
procedure EPA is using to act on
Wisconsin’s plan. In particular, Sierra
Club objects that EPA’s proposal is
‘‘based on a ‘premise’ ’’ that the final
1 Section 110(a)(2)(E) requires that Wisconsin
have ‘‘authority under State * * * law to carry out
[its] implementation plan,’’ but does not define
requirements for individual SIP submissions.
Nevertheless, the important point here is that the
Georgia-Pacific administrative order is a fully valid,
fully enforceable, and approvable document.
E:\FR\FM\07AUR1.SGM
07AUR1
erowe on DSK2VPTVN1PROD with RULES
46954
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
administrative order will include
revisions that address EPA’s concerns.
‘‘This circumvents the review process,
which requires EPA to determine
whether the state’s submission is
actually sufficient (not whether possible
future documents could make the SIP
sufficient) and requires that the public
have an opportunity to review and
comment on the sufficiency of the
actual submission by the state and the
EPA’s proposed basis for approval.’’
Response: In actions involving
parallel processing, as authorized under
40 CFR 51 appendix V section 2.3, EPA
solicits comments regarding an
anticipated situation, namely that the
state will have completed the
administrative process necessary to
submit a final SIP submission before
EPA takes final action. Similarly here,
EPA solicited comments on the
anticipated situation in which
Wisconsin would submit a final
administrative order using language that
assures that the limits are fully
enforceable and Wisconsin would
submit the order before EPA’s final
action.
EPA believes that this approach fully
satisfies the requirements in the Clean
Air Act and in the Administrative
Procedures Act for soliciting public
comment on Wisconsin’s plan and
EPA’s proposed action. These statutes
do not mandate that EPA wait for
administrative orders to be issued in
final form before proposing action.
Instead, EPA may propose action on
draft administrative orders, so long as
the proposal provides sufficient
information regarding the prospective
administrative order (and other
elements of the State submission) and
EPA’s intended action on the
prospective order for commenters to
have suitable opportunity to comment
on significant issues pertinent to the
State material and EPA’s proposed
approval.
Notably, Sierra Club did not express
any concerns of its own regarding the
language of the administrative order,
suggesting that no further solicitation of
comment on the particular differences
in language between the draft and the
final administrative order was
warranted. Therefore, EPA concluded
that its proposed rule provided an
adequate basis for commenters to
identify issues of concern and allow
EPA to proceed to final rulemaking
without reproposal.
Comment: Sierra Club objects to
Wisconsin expressing the limits for
Georgia-Pacific as a cap on emissions
from four boilers, including two boilers
that are not subject to the requirement
for BART. In Sierra Club’s view, this
VerDate Mar<15>2010
15:03 Aug 06, 2012
Jkt 226001
approach ‘‘dilutes the stringency of the
BART limits,’’ insofar as ‘‘the control
efficiency required of the BART units
will depend on the operating
characteristics of the other, non-BART
units.’’
Response: Wisconsin established an
emissions cap reflecting baseline
emissions of the non-BART boilers plus
emissions from the BART boilers at
BART control levels, minus a deduction
for environmental benefit. This cap
assures that total emissions from the
facility will be reduced by more than
the amount that would be mandated
with the establishment of limits solely
on emissions from the BART units. That
is, in the scenario of concern, in which
the company accommodates operation
that controls BART unit emissions by
less than the unit’s full control capacity
by reducing non-BART emissions to a
slightly greater degree below baseline
levels, the company would be achieving
a slightly greater environmental benefit
than if it had controlled BART unit
emissions at full BART control levels
and operated the non-BART units at
baseline emission levels. This scenario
is fully authorized in 40 CFR 51.308(e),
which allows satisfaction of BART
requirements by alternate strategies
involving control at non-BART units
that achieve greater environmental
benefit than the strategy that simply
controls BART units with BART-level
control.
Strictly speaking, Wisconsin’s
administrative order does not regulate
which boilers are in operation at any
given time. For example, Georgia-Pacific
is allowed under the order to resume
operation of a fifth boiler. The important
point here is that regardless of which
boilers are operating, total emissions
must be below levels that would occur
if Wisconsin were simply mandating
BART controls on the BART units.
Comment: Sierra Club echoes
comments made by the National Park
Service and the U.S. Forest Service
(misidentified as the Fish and Wildlife
Service) during the State’s public
comment process that the cap ‘‘is
inflated because it relies on ‘baseline’
emissions’’ that include emissions for a
shutdown boiler (B24) and used
emissions for a ‘‘ ‘design fuel’ rather
than the more representative fuels for
the boilers.’’
Response: In response to similar
comments on a July 2011 draft plan,
Wisconsin made the recommended
changes, determining baseline
emissions by excluding emissions from
the shutdown boiler and removing any
adjustments for ‘‘design fuels.’’ Thus,
this comment has previously been
addressed.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Comment: Sierra Club objects that,
with Georgia-Pacific’s limit expressed as
a cap on emissions from both BART and
non-BART boilers, any future
requirement to reduce emissions at the
non-BART boilers will allow
correspondingly more emissions at the
BART boilers. Sierra Club in particular
identifies two pending actions that in its
view will likely require emission
reductions at the non-BART boilers: An
EPA rulemaking to require maximum
available control technology at
industrial boilers and a petition by the
Sierra Club for EPA to find that this
Georgia-Pacific facility should have
become subject to tighter limits under
prevention of significant deterioration
regulations.
Response: EPA’s regional haze
regulation authorizes the State to
establish a BART strategy that includes
credit for measures that have been
implemented since the baseline date of
the SIP (which is 2002). In practice, the
boilers at Georgia-Pacific vent to a
common stack and the limits are
designed to limit the combined set of
emissions from the facility. Consistent
with EPA’s regional haze rule,
Wisconsin’s limits require a suitable
degree of emission reduction from this
facility and it is not necessary for
Wisconsin to require these reductions to
apply to the emissions of particular
boilers. Second, Wisconsin is not
required to mandate further emission
reductions, either at the BART boilers or
at other boilers from which it mandates
emission reductions as part of its BART
strategy, to go beyond the reductions
that might be required in the future.
Instead, the degree of reduction required
to satisfy the regional haze rule is
independent of the reductions
mandated by other regulatory
requirements that apply sooner or later
after the baseline date. Third, future
requirements on the non-BART boilers,
such as Maximum Available Control
Technology for boilers, will also apply
to the BART boilers. As a result, the
situation feared by the commenter, in
which compliance with tight
requirements on the non-BART boilers
allows Georgia-Pacific to have minimal
control of the BART boilers, is unlikely
to arise. Finally, the degree of SO2 and
NOX emission control, if any, that might
be required by the regulations cited by
Sierra Club is speculative and too
uncertain to consider here.
Comment: Sierra Club cites EPA as
noting that ‘‘its Draft Economic
Incentives Program Guidance is relevant
to this rulemaking.’’ Sierra Club states
that this guidance allows credit only for
emission reductions that are surplus
and beyond current regulatory
E:\FR\FM\07AUR1.SGM
07AUR1
erowe on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
requirements. Furthermore, ‘‘the
Guidance notes that the reduction
cannot be required by any regulatory
requirement at the time the reductions
occur,’’ which Sierra Club considers to
mean reductions required by 2015.
Sierra Club cites ‘‘the industrial boiler
hazardous air pollutant rule, the 1-hour
SO2 SIP, and new source review
requirements’’ as regulations that will
require reductions before 2015, such
that Wisconsin may only use credit for
reductions below the 2015 levels.
Response: In cases like this where a
subject is addressed by both the general
guidance in the draft Economic
Incentive Program Guidance and in
program-specific guidance that more
directly addresses specific statutory
requirements, EPA gives more weight to
the regulatory provisions that are
promulgated for the specific statutory
requirements, in this case to the
provisions of the regional haze rule. As
noted above, the regional haze
regulations promulgated in 40 CFR
51.308 allow credit for reductions
achieved after the baseline date of the
SIP (2002), irrespective of any
recommendations to the contrary in the
draft Economic Incentives Program
Guidance.
Comment: Sierra Club comments that,
‘‘the emission limits proposed by
Wisconsin also apply the BART-level
emission reductions to a faulty
‘baseline.’ * * * First, Wisconsin’s
baseline relies on an unreasonable
assumption that the boilers always
operate at the maximum heat input
during any 30-day period or annual
period between 2002–2004. [As a
result,] boilers B26 and B27 will rarely,
if ever, actually be required to meet the
control efficiencies determined to
represent BART. * * * Furthermore,
because the facility operated more and
emitted more in 2002–2004 than in
recent years, using a baseline from a
decade ago is unrepresentative of more
recent operations.’’ Sierra Club provided
various calculations to illustrate its
point that current operations cause
substantially lower emissions, so that
deriving a limit from emissions in 2002–
2004 yields an inflated limit that
requires substantially less control than
BART. Similarly, Sierra Club objects to
the derivation of a monthly emission
limit from the peak operating rate rather
than from a more representative
operating rate. Sierra Club recommends
instead that EPA ‘‘require that the
boilers B26 and B27 comply with a
percent reduction [limit] through a
weighted average of fuel input into each
boiler.’’
Response: EPA believes that
Wisconsin has made a reasonable choice
VerDate Mar<15>2010
15:03 Aug 06, 2012
Jkt 226001
in formulating its limits on GeorgiaPacific’s SO2 and NOX emissions as
mass emission limits governing the
emissions of all the boilers in the
facility. While the facility’s current
emissions are lower than the emissions
during the baseline period, EPA’s
regional haze rule allows credit for such
reductions, insofar as the reductions
contribute to mitigating regional haze.
Wisconsin reasonably based its limits
on the peak baseline emission levels
rather than average emission levels,
since the State must set a limit that
requires continuous compliance and the
limit must be a level that can be
achieved even at peak operating rates.
EPA agrees that a limit defined as a
weighted average of the intended
emission factor (e.g., in pounds per
million British Thermal Units for each
boiler) times the applicable boiler’s heat
input would also be an appropriate form
for the limit, but EPA finds Wisconsin’s
formulation of its limit to be fully
approvable and fully adequate as well.
Comment: Sierra Club comments that
EPA should have required further
control at the non-BART boilers at
Georgia-Pacific, for purposes of
achieving reasonable progress in
mitigating visibility impairment.
Response: Since the non-BART
boilers by definition are not required to
install or operate BART-level controls,
the reasonableness of control at the nonBART boilers at Georgia-Pacific is
judged according to the same criteria as
control at other facilities. EPA believes
that Wisconsin has mandated sufficient
emission reductions to address the
requirements for reasonable progress.
Comments by NPS
Comment: NPS states, ‘‘Boiler B25
ceased operation in 2008. WDNR and
EPA propose to allow the combined
baseline emissions to include emissions
from boiler B25 that has not operated for
three years, as well as boilers B26, B27,
and B28. However, in its September
2011 letter to WDNR, EPA commented
that including emissions from the nonoperational boiler B25 in the combined
emissions limit would allow less
effective controls of the BART boilers.’’
Response: As Wisconsin explains in
its response to comments, while
Georgia-Pacific ceased operation of
boiler B24 in 2004, it has only
suspended operation of boiler B25,
pending resolution of questions
regarding whether the requirements of
the Clean Air Interstate Rule apply to
this boiler. EPA then found, on May 2,
2011, that the boiler was exempt from
requirements of the Clean Air Interstate
Rule, so that the company no longer had
this disincentive for operating this
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
46955
boiler. While this issue was being
resolved, Georgia-Pacific had relatively
constant total boiler use but shifted load
from boiler B25 to its other boilers. Now
that this issue is resolved, representative
operation of Georgia-Pacific’s boilers
may be considered to include operation
of boiler B25. For this reason, EPA
considers boiler B25 (unlike B24) to be
a source for which the baseline
emissions may reasonably be included
in determining a collective limit on
emissions of operating boilers at
Georgia-Pacific.
Comment: NPS asserts that, ‘‘Controls
on boiler B28 are warranted for
reasonable progress because the
northern Class I areas impacted by
Wisconsin’s emissions are not meeting
or just meeting the uniform rate of
progress for visibility improvement. The
BART and reasonable progress levels of
control should be 95% for sulfur
dioxide and 75–85% for nitrogen
dioxide.’’
Response: The non-BART boilers at
Georgia-Pacific are a few among many
boilers in Wisconsin that warrant
consideration for control. The GeorgiaPacific boilers warrant review under the
same criteria as the other boilers in the
State. Wisconsin reviewed the
information generated by the Midwest
Regional Planning Organization
(MRPO), addressing the factors
pertinent for judging potentially
reasonable measures, and concluded
that additional control of industrial,
commercial, and institutional boilers
was not a reasonable measure at this
time. This conclusion implicitly applies
to the non-BART boilers at GeorgiaPacific as well as to other boilers in the
State. Wisconsin will reassess the
reasonableness of control of this
category of boilers in a regional haze
plan for a future implementation period.
Comment: NPS ‘‘disagree[s] with
Wisconsin’s and EPA’s proposal to
approve four different combinations of
SO2 and NOX emissions limits as BART
for the combined stack and to allow
Georgia-Pacific to select by July 15,
2013, which emissions limits to meet.
We are not aware of any other situation
in the country where EPA proposes to
allow a source to meet one of multiple
emissions limits. * * * In the approved
Plan, the more stringent limits each for
SO2 and for NOX should be determined
to be BART and less stringent
alternative emissions limits should not
be permitted.’’
Response: The administrative order
that EPA proposed to approve identifies
four potential sets of emission limits
and specifies a process by which one of
these sets of limits shall be identified by
July 15, 2013, as the enforceable limits
E:\FR\FM\07AUR1.SGM
07AUR1
erowe on DSK2VPTVN1PROD with RULES
46956
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
for Georgia-Pacific. The ‘‘baseline’’
limits were derived independently for
SO2 and for NOX based on baseline
emissions for the four operating (or
potentially operating) boilers minus the
emission reductions expected from
BART controls on the BART boilers
minus a reduction for ‘‘environmental
benefit.’’ EPA found these limits to
satisfy the requirements under 40 CFR
51.308(e)(2) for providing greater
reasonable progress in mitigating
visibility impairment than direct
application of BART limits, and so EPA
found these limits to satisfy the BART
requirements of 40 CFR 51.308(e). EPA
then examined the three alternative sets
of limits submitted by Wisconsin. The
intent of the State was to establish
equivalent alternatives, by setting
increased NOX emission limits and
setting SO2 emission limits that were
reduced by an amount equal to twice
the amount by which the NOX limits
were increased. The three alternatives
differ only in the magnitude of the NOX
limit increases and the associated SO2
limit decreases. In EPA’s view, the
modeling submitted by Wisconsin
justifies the State’s view that the three
alternative sets of limits could be
expected to provide at least
approximately the same degree of
visibility protection as the baseline
limits. From this, EPA concluded that
any of the four sets of limits that may
be selected would provide better
visibility protection than would be
obtained with direct application of
BART limits on the BART sources.
While states do not usually identify and
submit, and EPA does not usually
approve, alternative sets of limits, EPA
believes in this case that Wisconsin has
provided sufficient justification for each
of the alternatives. EPA is assured that
a single set of limits will be
unambiguously identified as the
applicable limits within a sufficiently
short period of time (by July 15, 2013,
well before the January 1, 2016
compliance date) and thus is approving
this approach.
Comment: NPS observes that
Wisconsin’s determination of whether
its EGUs warranted tighter particulate
matter (PM) limits was based on actual
emissions rather than allowable
emissions. NPS provided a table
comparing actual PM emission rates to
permissible PM emission rates,
indicating that the applicable emission
limits are in most cases substantially
higher than actual emission rates. NPS
believes that Wisconsin’s modeling is an
inadequate justification for avoiding a
full five-factor review of BART with
respect to PM. NPS suggests that
VerDate Mar<15>2010
15:03 Aug 06, 2012
Jkt 226001
Wisconsin could satisfactorily justify
avoiding a full five-factor analysis either
by demonstrating (with revised
modeling) that allowable PM emission
rates have minimal visibility impact or
by revising PM limits to reflect current
actual emissions.
Response: EPA believes that
Wisconsin has adequately justified its
conclusion that its limits for PM
emissions from EGUs satisfy BART
requirements. First, Wisconsin’s
findings are consistent with findings by
MRPO and findings by other states that
even the higher allowable levels of PM
emissions are unlikely to cause
significant visibility impairment, as a
result of the dispersion of PM that
occurs over the distances from the EGUs
and the Class I areas. Second,
Wisconsin’s PM limits, despite being
well above actual controlled emission
levels in most cases, are arguably tight
enough to require the companies to
reduce PM emissions to levels that are
insignificant from a visibility
perspective. Wisconsin did note that
one facility complying with applicable
limits was emitting relatively large
quantities of PM; Wisconsin reduced
this facility’s allowable PM emissions.
EPA is satisfied that all of Wisconsin’s
EGUs can be expected to emit quantities
of PM that are de minimis for visibility
purposes.
Comment: NPS comments that limits
should be based on more recent data
that better represent the current
operations. These more recent data
suggest use of a baseline with
significantly lower emissions.
Response: The regional haze rule
authorizes states to determine limits
based on emissions during the baseline
period, irrespective of subsequent
emission reductions. The subsequent
emission reductions would be
considered creditable emission
reductions that needn’t result in
calculation of lower emission limits.
The most significant change in
emissions over that period has been the
result of the use of fuel with lower
sulfur content. These reductions are
creditable, and Wisconsin is not
required to use a baseline that is
reduced to reflect these reductions.
Comment: NPS takes note of EPA’s
finding ‘‘that emissions limits of 2,340
[tons per year (tpy)] of SO2 and 977 tpy
of NOX are [BART] * * * EPA then goes
on to propose that a SO2 limit as low as
1,250 tpy and a NOX limit as high as
1,522 tpy are also [BART].’’ NPS
continues, ‘‘If EPA believes that 1,250
tpy is BART for SO2 then it should not
allow Georgia-Pacific to emit 2,340 tpy
under any circumstance. Likewise, if
EPA believes that 977 tpy is BART for
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
NOX, then it should not allow GeorgiaPacific to emit 1,522 tpy under any
circumstance.’’
Response: Wisconsin defines BART in
terms of control equipment that
achieves specified levels of control of
SO2 and NOX emissions from boilers
B26 and B27. These limits do not define
BART per se; instead, these limits,
which also limit emissions from two
boilers that are not required to have
BART control, are designed to satisfy
BART requirements by requiring
emission reductions that would yield
better visibility protection than would
be obtained by requiring BART alone.
The limits of 2,340 tpy of SO2 and 977
tpy of NOX represent Wisconsin’s
‘‘baseline’’ 12-month rolling emission
limits. The limits of 1,250 tpy of SO2
and 1,522 tpy of NOX represent
Wisconsin’s ‘‘Alternative 3’’ 12-month
rolling emission limits. In each case, the
limits reflect a set of control measures
that EPA finds to provide better
visibility protection than would be
obtained from direct application of the
measures determined to represent
BART. Requiring Georgia-Pacific to
meet the Alternative 3 SO2 limits and
the baseline NOX limits would of course
also provide better visibility protection,
but such an approach is not necessary
to meet BART requirements.
Comment: NPS states, ‘‘Emission
limits must reflect the best level of
‘continuous emission reduction,’ and
the proposed mass cap limits would
allow a very high lb/mmBtu emission
rate during periods of low utilization.’’
Response: Wisconsin’s emission
limits apply at all times and therefore
require continuous emission reduction.
EPA allows states to express limits in
various forms, including in the form of
mass limits, as adopted by Wisconsin,
as well as in the form of emission rate
limits, as urged by NPS. Wisconsin has
adopted a reasonable limit, which was
designed to be achievable with BART
level control even during periods of
maximum plant utilization. Given the
air pollution control equipment that
these limits will require Georgia-Pacific
to install, EPA expects significant
emission reductions at all times.
Comment: NPS comments, ‘‘EPA
should not allow the source to mix-andmatch to find the least stringent
combination for each situation.’’ NPS
quotes from an EPA letter to Wisconsin:
‘‘If Wisconsin wishes to pursue 30-day
averaging, in combination with an
annual emissions cap, the State must
provide justification.’’ NPS then
comments that, ‘‘EPA has not explained
why it now accepts the approaches that
it recently rejected.’’
E:\FR\FM\07AUR1.SGM
07AUR1
erowe on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
Response: Wisconsin is no longer
pursuing the variable limit approach
that EPA was referring to in the letter
the commenter is citing. Georgia-Pacific
has an initial option to choose among
four defined sets of limits, each of
which has been found acceptable. To be
precise, Wisconsin’s administrative
order establishes a baseline set of limits
that apply by default, but the order also
provides that one of three identified
alternative sets of limits becomes the
enforceable limits if Georgia-Pacific
selects the alternative by July 15, 2013.
The selected limits, or, in absence of a
selection, the baseline limits, are
permanently enforceable unless
Wisconsin justifies limit revisions
through a SIP revision process. Thus,
EPA is not accepting an approach ‘‘it
recently rejected.’’
Wisconsin has provided suitable
justification for using a 30-day average
limit. Regional haze is measured as an
average over 20 percent of the days of
a year (the 20 percent worst days or the
20 percent best days), and so expressing
the emissions limit as a 30-day limit,
supplemented by a 12-month limit that
further limits average emission controls,
suitably limits emissions consistent
with the averaging time of the metric
being addressed.
Comment: NPS objects that, ‘‘EPA
proposes to allow WDNR to take
advantage of the purported Stack S10 10
percent emission reduction more than
once.’’ NPS states, ‘‘while it is
appropriate under EPA’s Economic
Incentive Program to reduce allowable
emissions by ‘10 percent for the benefit
of the environment,’ it is not
appropriate to use that same 10 percent
reduction again to ‘arguably compensate
for that uncertainty as to how much the
emissions from the BART boilers will be
controlled.’ ’’
Response: NPS provides no reason
that the pertinent reduction in the
emission limit cannot serve multiple
purposes. Arguably, the 10 percent
reduction recommended in the
Economic Incentive Program policy is to
assure that the economic incentive
program provides environmental
benefit, notwithstanding the uncertainty
regarding the extent to which individual
sources will be controlled. EPA
guidance does not require that
Wisconsin reduce its emission limits to
provide environmental benefit and then
reduce its emission limits further to
address uncertainty about which
sources will reduce emissions by how
much.
Comment: NPS does not believe that
EPA has properly supported a
conclusion that Wisconsin’s long-term
strategy provides for satisfaction of
VerDate Mar<15>2010
15:03 Aug 06, 2012
Jkt 226001
RPGs. NPS notes differences between
the visibility projections of the Central
Regional Air Partnership (CENRAP)
given in Minnesota’s SIP and the
projections of the MRPO that Wisconsin
presents. With either set of projections,
‘‘The [RPGs] provides for less annual
progress towards the ultimate visibility
goals than the uniform rate of progress.’’
NPS notes comments it made to
Wisconsin regarding an absence of a
four-factor analysis of potential
emission control measures for providing
reasonable progress. NPS observes that
Wisconsin responded by providing an
analysis of emissions divided by
distance (‘‘Q/d’’) and by noting
significant emission reductions that
have occurred beyond the reductions
originally expected in Wisconsin’s
regional haze plan, but NPS finds that
Wisconsin set no criteria for conducting
a four-factor review. In NPS’ view,
several sources in Wisconsin, including
the non-BART units at Georgia-Pacific,
warrant consideration for further
controls for purposes of achieving
reasonable progress. Finally, NPS quotes
EPA as finding that ‘‘additional controls
for [industrial, commercial, and
institutional (ICI) boilers] are not
needed now,’’ but NPS believes that
EPA has not justified this conclusion.
Response: Wisconsin relied on
information developed by the MRPO
that addressed the four factors to be
considered in evaluating reasonable
measures for purposes of providing
reasonable progress. Wisconsin
evaluated this information and
concluded that the control measure that
warranted most consideration as a
further measure was control of ICI
boilers. However, Wisconsin noted that
EPA is exploring setting limits on these
facilities in conjunction with CSAPR.
Regional multi-state action on these
sources would provide significantly
more benefit than action in Wisconsin
alone. Wisconsin noted that the limiting
factor for providing further progress in
addressing visibility impairment was
the time needed to define and
implement further controls. Wisconsin
noted that EPA is still evaluating the
potential for further reductions from ICI
boilers. The State concludes that further
reductions from this sector cannot
reasonably be required in a timely
fashion for the long-term strategy of this
implementation period. Wisconsin
further concluded that other sources
categories are less appropriate to
regulate in this long-term strategy. EPA
concurs with Wisconsin’s conclusion,
finding that the State has conducted
adequate analysis and presented
suitable justification that its long-term
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
46957
strategy provides adequate contribution
to meeting applicable RPGs.
Comment: NPS quotes Wisconsin as
‘‘assert[ing] that the rate of emission
reduction projected for Wisconsin
sources, compared to those of Michigan
and Minnesota, shows that Wisconsin is
meeting its share of visibility
improvement. Figures 6 and 7 * * *
show that Wisconsin emissions, using
the ‘on the books’ inventory, decrease at
a similar or greater rate than Michigan
and Minnesota emissions.’’ NPS
observes, ‘‘However, inspection of
Figures 6 and 7 finds that, while
Wisconsin is predicting greater
reductions in NOX than MI and MN, it
falls short of the SO2 reductions
estimated in MN. WDNR should have
conducted a valid four factor analysis of
specific sources to determine what
emissions controls are reasonable.’’
Response: NPS correctly characterizes
the information in Figures 6 and 7.
However, the critical test is whether
Wisconsin has provided ‘‘all measures
necessary to obtain its share of the
emission reductions needed to meet the
progress goal for the [affected Class I
areas].’’ (40 CFR 51.308(d)(3)(ii))
Irrespective of modest differences in the
emission reductions achieved in
different states, Wisconsin’s data show
that Wisconsin is implementing
measures similar to those in other
neighboring states. Based on
Wisconsin’s submission, EPA concludes
that Wisconsin has in place measures
that will allow it to meet applicable
RPGs.
WDNR
Comment: ‘‘WDNR believes that U.S.
EPA inadvertently mislabeled the
control technologies for NOX and SO2
which WDNR * * * determined to be
BART at the Georgia-Pacific facility in
Green Bay. Accordingly, WDNR
requests that U.S. EPA make the
following corrections to the BART
control technologies listed in the
proposed approval: change ‘wet
scrubbing’ to ‘dry scrubbing’ for SO2
BART; and change ‘recirculating
selective catalytic reduction’ to
‘regenerative selective catalytic
reduction’ for NOX BART.’’
Response: EPA acknowledges and
corrects these errors. As noted by
WDNR, the technologies that it
determined to be BART are dry
scrubbing for SO2 and regenerative
selective catalytic reduction for NOX.
Georgia-Pacific
Comment: Georgia-Pacific notes the
same errors that WDNR identified in
EPA’s description of the control
technology found to be BART.
E:\FR\FM\07AUR1.SGM
07AUR1
erowe on DSK2VPTVN1PROD with RULES
46958
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
Specifically, Georgia-Pacific quotes from
WDNR’s submission: ‘‘The final BART
determination for SO2 reflects fuel
switching of petroleum coke from BART
boilers B26 and B27, followed by
circulating bed dry scrubbing
technology at 93 percent control.’’
Georgia-Pacific quotes further from
WDNR’s submittal: ‘‘For B27, a cyclone
boiler, the BART determination for NOX
reflects overfire air combustion
modifications followed by Regenerative
Selective Catalytic Reduction (RSCR) to
yield an 85 percent long-term NOX
Control requirement.’’
Response: As requested, EPA is
correcting the description of the
technology determined to be BART to
include, in part, dry scrubbing
technology and regenerative selective
catalytic reduction.
Comment: Georgia-Pacific supports
EPA’s findings regarding the adequacy
of its limits to satisfy BART
requirements. The company in
particular agrees with EPA’s position
that the limits established for the sum
of emissions across all operating boilers
at the facility provide additional
environmental benefits, as
recommended in the EPA Draft
Economic Incentive Policy Guidance.
Response: EPA acknowledges
Georgia-Pacific’s support for its
proposed action.
Comment: Georgia-Pacific ‘‘supports
WDNR’s simplified approach for
establishing a ‘not-to-exceed’ emissions
curve (line) instead of a mass cap
established by a single point or a set of
three sets [of] alternative emission
limits.’’ Georgia-Pacific notes that EPA
in its notice of proposed rulemaking
‘‘agrees that different pairs of SO2 and
NOX emission limits can provide
equivalent visibility improvement.’’
Georgia-Pacific then notes that WDNR
in its submission ‘‘supports a more
simplified approach’’ in which GeorgiaPacific ‘‘does not need to elect one set
of SO2 and NOX mass caps,’’ but instead
allows inter-pollutant trading, using
‘‘the established 2:1 trading ratio’’ (i.e.,
requiring two tons less SO2 emissions
for each ton more of NOX emissions),
such that Georgia-Pacific may comply
with any combination of SO2 and NOX
emissions that meet an equation
defining combinations with equivalent
benefits. Accordingly, Georgia-Pacific
envisions a graph of the SO2 and NOX
limits in the baseline limits and the
three alternative sets of limits, and the
company observes that these four points
on this imagined graph lie along a
straight line. ‘‘We believe that
equivalent improvements in visibility
exist for any emission limit set that also
lies on the line.’’ Georgia-Pacific quotes
VerDate Mar<15>2010
15:03 Aug 06, 2012
Jkt 226001
from WDNR’s submittal: ‘‘This approach
allows the control levels to be varied
over time based on the most effective
option at that time. Further, this
approach does not require an election of
one set of mass caps by July 15, 2013,
and or SIP approval for mass caps
identified at a later time.’’
Georgia-Pacific concludes, ‘‘The
compliance date for BART controls in
DNR’s SIP is December 31, 2015. We
request the SIP allow the state flexibility
in granting alternate emission limits
through December 31, 2015 through
amendment of a state-authorized order
or other mechanism deemed appropriate
by WDNR. Between today and
December 31, 2015, these boilers require
other controls to meet 40 CFR 63
DDDDD (Industrial Boiler MACT). With
the ultimate Boiler MACT rule
requirements still uncertain,
adjustments to the alternate BART
emission limits may be necessary to
provide a reasonable solution to comply
with both overlapping requirements.’’
Response: Wisconsin’s submission
identifies a baseline set of limits and
three alternative sets of limits, with
provision for Georgia-Pacific either to
become subject to the baseline set of
limits or to choose by July 15, 2013 to
become subject to one of the three
alternative sets of limits. The Wisconsin
submission does not include any limits
based on the more flexible approach
that Georgia-Pacific suggests, and so
these comments are not directly
germane to Wisconsin’s submission or
to EPA’s proposed rule. Furthermore,
EPA does not have the latitude to
approve a hypothetical SIP revision that
differs from the State submission by
including the requested flexibility.
A similar issue arose in the context of
Wisconsin’s July 2011 draft SIP.
Therefore, EPA’s comments to
Wisconsin in response to that draft SIP
also serve to respond to these
comments. In a letter to Wisconsin
dated September 16, 2011, EPA stated:
‘‘While EPA’s regional haze rule offers
some flexibility for establishing combinations
of particular control measures that provide
more or less control of particular pollutants,
the rule does not provide for states to adopt
limits that provide for a range of control
levels for one pollutant that is dependent on
the level of emissions of another pollutant.
Georgia-Pacific can expect to be required to
reduce SO2 emissions substantially over the
next several years. Georgia-Pacific will likely
need to install emission control equipment to
satisfy the maximum achievable control
technology (MACT) regulation for industrial
boilers, and the SO2 emission reductions will
likely also be necessary to provide for
attainment of the SO2 national ambient air
quality standard. If Wisconsin allows these
SO2 emission reductions (or reductions from
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
reduced boiler usage) to replace the NOX
reductions that would otherwise be required
as BART, it is quite plausible that
implementation of these reductions would
allow Georgia-Pacific to implement no
reductions of NOX emissions at all. In
contrast, the baseline scenario involving
standard limits requiring BART would
require NOX emission control regardless of
whether extraneous factors require or
otherwise yield SO2 emissions below BART
levels. While Wisconsin is comparing
visibility levels with various potential
emission scenarios against visibility in 2002
to 2004, EPA is comparing visibility under
these scenarios against visibility that would
be expected under a standard scenario in
which BART limits apply directly to the
BART units. Consequently, Wisconsin’s
proposed approach must be considered to
authorize Georgia-Pacific to cause more
visibility impairment than would be
authorized under an approach that applied
standard BART limits.’’
Forest Service
Comment: The Forest Service
referenced the comments it made to
Wisconsin regarding draft regional haze
plans. In particular, it cites letters to
Wisconsin dated March 4, 2011, and
July 27, 2011. The Forest Service states,
‘‘We do not believe the changes made
address the concerns in our previous
letters.’’ The Forest Service encloses
copies of the previous letters, but
provides no discussion regarding which
concerns remain unaddressed. The
letters address BART for Georgia-Pacific
(generally supporting Wisconsin’s
January 13, 2011 draft and objecting to
Wisconsin’s July 1, 2011 draft), the
determination that the BART
requirement does not apply to other
sources in the State other than EGUs,
and the provisions in the long-term
strategy for achieving RPGs.
Response: Wisconsin’s regional haze
plan includes responses to comments,
including responses to both comment
letters from the Forest Service. Implicit
in EPA’s proposal to approve
Wisconsin’s plan is a finding that
Wisconsin has satisfactorily addressed
the comments it received. In general,
Wisconsin modified its BART
determination for Georgia-Pacific in
response to some comments and
justified its draft determination with
respect to other comments. Wisconsin
justified its determination of which
sources were subject to a BART
requirement, and Wisconsin justified
the features of its long-term strategy as
implementing its share of reductions for
achieving RPGs. In absence of
identification of particular issues that
remain of concern and explanation of
the Forest Service’s disagreements with
EPA’s proposed rule and with
Wisconsin’s responses to its comments,
E:\FR\FM\07AUR1.SGM
07AUR1
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
EPA continues to believe that Wisconsin
has appropriately addressed comments
by the Forest Service.
erowe on DSK2VPTVN1PROD with RULES
III. What action is EPA taking?
EPA is approving Wisconsin’s
regional haze plan as satisfying the
applicable requirements in 40 CFR
51.308. The plan identifies affected
Class I areas, calculates the baseline and
natural visibility, establishes RPGs,
relies on CSAPR to address BART
requirements for nine EGUs that are
subject to BART, mandates BART
measures for Georgia-Pacific, establishes
a Long-Term Strategy for making
reasonable progress toward visibility
goals, and provides a monitoring
strategy.
A key element of Wisconsin’s plan is
an administrative consent order
establishing emission limits satisfying
BART requirements for Georgia-Pacific.
Wisconsin issued this order,
Administrative Consent Order Number
405032870, on June 8, 2012. This Order
provides a baseline set of emission
limits and three alternative sets of
emission limits, and provides a
selection process to be completed by
June 15, 2013, such that one of these
sets of emission limits for GeorgiaPacific shall become permanent and
State enforceable. The Georgia-Pacific
BART emission limits will become
Federally enforceable with this SIP
approval.
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.);
VerDate Mar<15>2010
15:03 Aug 06, 2012
Jkt 226001
• 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.
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 October 9, 2012.
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
PO 00000
Frm 00031
Fmt 4700
Sfmt 9990
46959
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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, and Sulfur oxides.
Dated: June 15, 2012.
Susan Hedman,
Regional Administrator, Region 5.
Therefore, 40 CFR part 52 is amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2570 is amended by
adding paragraph (c)(124) to read as
follows:
■
§ 52.2570
Identification of plan.
*
*
*
*
*
(c) * * *
(124) On January 18, 2012,
supplemented on June 7, 2012,
Wisconsin submitted Wisconsin’s
regional haze plan to EPA. This regional
haze plan includes an administrative
consent order specifying limits
satisfying best available retrofit
requirements for Georgia-Pacific
Consumer Products, L.P. This plan also
includes a long-term strategy with
emission reductions to provide
Wisconsin’s contribution toward
achievement of reasonable progress
goals at Class I areas affected by
emissions from Wisconsin sources.
(i) Incorporation by reference.
(A) Administrative Consent Order
Number 405032870, issued by the
Wisconsin Department of Natural
Resources on June 8, 2012, to GeorgiaPacific Consumer Products LP.
(B) Construction Permit Number 11–
POY–123, issued by the Wisconsin
Department of Natural Resources on
November 11, 2011, to Wisconsin Power
& Light for its Columbia Energy Center.
*
*
*
*
*
[FR Doc. 2012–19137 Filed 8–6–12; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\07AUR1.SGM
07AUR1
Agencies
[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46952-46959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19137]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0059; FRL-9694-9]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Regional Haze
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Wisconsin State
Implementation Plan (SIP) addressing regional haze for the first
implementation period, which extends through July 31, 2018. Wisconsin
submitted its regional haze plan on January 18, 2012, with a
supplemental submittal on June 7, 2012. EPA received comments on its
proposed approval, addressing best available retrofit technology (BART)
for a Georgia-Pacific Consumer Products, L.P. (Georgia-Pacific) paper
facility and for power plants. EPA provides its response to these
comments, and concludes that the Wisconsin regional haze plan
satisfactorily addresses these requirements. Consequently, EPA is
approving an administrative order establishing BART requirements for
Georgia-Pacific into the Wisconsin SIP. More generally, EPA finds that
Wisconsin has satisfied the applicable requirements for the State to
remedy any existing and to prevent future impairment of visibility at
mandatory Class I areas.
DATES: This final rule is effective on September 6, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2012-0059. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, 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 at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Matt Rau,
Environmental Engineer, at (312) 886-6524 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:
I. What was proposed in the proposed rule?
II. What are the responses to comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What was proposed in the proposed rule?
Wisconsin Department of Natural Resources (WDNR) submitted its
regional haze plan on January 18, 2012, with a supplemental submittal
on June 7, 2012. This plan was intended to address the requirements in
Clean Air Act section 169A and the regional haze rule in Title 40 Code
of Federal Regulations 51.308 (40 CFR 51.308). This plan concluded that
the Georgia-Pacific paper mill in Green Bay and several electric
generating units (EGUs) were subject to requirements for BART. For
Georgia-Pacific, EPA proposed action on a draft administrative order
that establishes a cap on the sum of sulfur dioxide (SO2)
emissions and of nitrogen oxide (NOX) emissions from the
various boilers at the facility, including two boilers subject to the
BART requirement and multiple other boilers not subject to this
requirement. For the power plants, Wisconsin is relying on the Cross-
State Air Pollution Rule (CSAPR) as a trading program alternative to
mandating source-specific BART, except that Wisconsin addressed BART
for particulate matter (PM) for EGUs by supplementing existing limits
with a more stringent PM emission limit for one plant.
EPA reviewed Wisconsin's plan according to the regional haze rule
as promulgated on July 1, 1999 (64 FR 35713), and subsequently amended
on July 6, 2005 (70 FR 39156), and on October 16, 2006 (70 FR 60631).
The July 6, 2005, amendment provides further guidance on provisions
related to BART.
EPA proposed approval of the Wisconsin regional haze plan on
February 28, 2012 (77 FR 11928). The proposed rule described the nature
of the regional haze problem and the statutory and regulatory
background for EPA's review of Wisconsin's regional haze plan. The
proposed rule provided a lengthy description of the regional
[[Page 46953]]
haze plan requirements, including mandating BART, consulting with other
states to establish goals for reasonable further progress in mitigating
anthropogenic visibility impairment, and adopting limitations necessary
to implement a long-term strategy for reducing visibility impairment.
EPA proposed to approve the Wisconsin plan as properly identifying the
facilities subject to BART and mandating emission reductions meeting
the applicable BART requirements. EPA also proposed to approve the
Wisconsin plan as meeting other regional haze requirements, such as
having a long-term strategy that provides an appropriate contribution
from Wisconsin toward meeting reasonable progress goals.
II. What are the responses to comments?
In response to its proposed rule, EPA received comments from the
Sierra Club, the National Park Service (NPS), Wisconsin Department of
Natural Resources (WDNR), Georgia-Pacific, and the U.S. Forest Service.
The comments are included in the docket, EPA-R05-OAR-2012-0059. A
summary of the comments are included below along with EPA's response.
Comments by Sierra Club
Comment: Sierra Club submitted extensive comments relating to
Wisconsin's reliance on CSAPR to satisfy the BART requirement for EGUs.
Sierra Club believes that the Clean Air Act requires BART on a source-
by-source basis. Even if reliance on a trading program is permissible,
Sierra Club finds that Wisconsin failed to make the source-specific
BART determinations that are required under 40 CFR 51.308(e)(2) for
assessing the relative merits of a trading program. In the view of
Sierra Club, it is not clear that CSAPR provides surplus emission
reductions that are creditable for satisfying the BART requirement.
Sierra Club comments that, ``CSAPR does not ensure that emissions
reductions will be made to help achieve reasonable progress goals
(RPGs),'' and in particular does not require BART at a plant that is
within 300 kilometers from Seney, i.e., the Pulliam plant. In addition,
Sierra Club objects to reliance on CSAPR because it is presently
stayed. Sierra Club objects that the annual CSAPR programs only limit
annual emissions, thus allowing shorter-term emission variations that
could adversely affect visibility. Sierra Club believes that EPA's
analysis of whether CSAPR would provide better visibility protection
than source-specific application of BART limits is flawed, because EPA
used presumptive BART levels to represent BART rather than the more
stringent BART levels that source-specific BART analyses would
identify.
Response: As noted in the proposed rule, these comments are
addressed in a separate rulemaking, published on June 7, 2012, at 77 FR
33642. The EPA's response to these comments can be found in Docket ID
No. EPA-HQ-OAR-2011-0729 at www.regulations.gov. The Pulliam plant,
which is approximately 240 kilometers from Seney Wilderness Area, is
one of many plants in the Midwest and beyond that contribute to
visibility impairment at the Seney Wilderness Area. EPA's conclusion
regarding satisfaction of BART requirements for EGUs is based on a
finding that controls required under CSAPR can be expected to provide
better visibility protection than would be obtained from direct
application of BART at Pulliam and other subject EGUs.
Comment: Sierra Club asserts that EPA cannot approve the
administrative order that provides the necessary BART limits for
Georgia-Pacific because the State does not have authority to submit
administrative orders for this purpose. Sierra Club quotes Wisconsin
Statute Section 285.14(1): ``[WDNR] may not submit a control measure or
strategy that imposes or may result in regulatory requirements to the
federal environmental protection agency for inclusion in a state
implementation plan under 42 U.S.C. Sec. 7410 unless the department
has promulgated the control measure or strategy as a rule.'' In Sierra
Club's view, this statute requires Wisconsin to submit its limitations
only in the form of state rule. Sierra Club also notes that Wisconsin
law mandates that measures to be submitted must be subject to other
mandated review procedures. Sierra Club believes that the State has not
met these procedural requirements for the administrative order for
Georgia-Pacific. Thus, Sierra Club concludes that Wisconsin does not
have the authority to submit this administrative order to EPA and that
EPA must disapprove the submission because it does not meet the
requirement in Clean Air Act section 110(a)(2)(E) that submissions be
valid at the state level.
Response: Wisconsin issued a valid administrative order in full
compliance with State law. In its submission, the State clarified that
it has in fact met the requirements of Wisconsin Statute 285.14(1) by
creating Wisconsin Administrative Code Natural Resources (NR) 433. The
statute does not require that particular limits be adopted by rule or
that the rule be the means by which the limits are enforced. Instead,
in this case, Wisconsin first adopted a rule that mandates
implementation of BART for sources determined to be subject to
provisions in 40 CFR 51.308(e) requiring BART. Then, in accordance with
NR 433, Wisconsin defined the specifics of the control measure by
issuing a determination of BART numerical limits. The administrative
order for Georgia-Pacific establishes permanency for the BART numerical
limits set forth in the determination.
Wisconsin provided multiple opportunities for public comment on
this issue. Wisconsin held a public hearing during the adoption of NR
433. Since this rule mandated BART and defined the process by which
particular limits would be established, this State rulemaking was the
most appropriate time for Sierra Club to identify its concerns
regarding the adequacy of NR 433, specifically, and the State's BART
process, generally, to provide the rulemaking to satisfy Wisconsin
Statute 285.14. Notably, it appears that Sierra Club did not raise this
objection during the adoption of NR 433. Wisconsin also met the other
procedural requirements for public hearings of concern to Sierra Club
during the NR 433 adoption process. Finally, the State solicited public
review and responded to comments for several iterations of the proposed
BART numerical emission limits that it intended to use as the precise
numerical definition of BART for Georgia-Pacific. The State addressed
comments in determining final BART conditions and fulfilled the
procedural requirements including public hearings necessary under State
statutes. Consequently, EPA believes that Wisconsin has met the
applicable statutory requirements for requiring BART at Georgia-
Pacific, and EPA believes that the State's submitted administrative
order is fully valid at the State level and fully approvable under
section 110.\1\
---------------------------------------------------------------------------
\1\ Section 110(a)(2)(E) requires that Wisconsin have
``authority under State * * * law to carry out [its] implementation
plan,'' but does not define requirements for individual SIP
submissions. Nevertheless, the important point here is that the
Georgia-Pacific administrative order is a fully valid, fully
enforceable, and approvable document.
---------------------------------------------------------------------------
Comment: Sierra Club comments on discussion in the proposed rule
expressing EPA's concerns about the enforceability of the language of
the draft administrative order. Given these EPA concerns, Sierra Club
objects to the procedure EPA is using to act on Wisconsin's plan. In
particular, Sierra Club objects that EPA's proposal is ``based on a
`premise' '' that the final
[[Page 46954]]
administrative order will include revisions that address EPA's
concerns. ``This circumvents the review process, which requires EPA to
determine whether the state's submission is actually sufficient (not
whether possible future documents could make the SIP sufficient) and
requires that the public have an opportunity to review and comment on
the sufficiency of the actual submission by the state and the EPA's
proposed basis for approval.''
Response: In actions involving parallel processing, as authorized
under 40 CFR 51 appendix V section 2.3, EPA solicits comments regarding
an anticipated situation, namely that the state will have completed the
administrative process necessary to submit a final SIP submission
before EPA takes final action. Similarly here, EPA solicited comments
on the anticipated situation in which Wisconsin would submit a final
administrative order using language that assures that the limits are
fully enforceable and Wisconsin would submit the order before EPA's
final action.
EPA believes that this approach fully satisfies the requirements in
the Clean Air Act and in the Administrative Procedures Act for
soliciting public comment on Wisconsin's plan and EPA's proposed
action. These statutes do not mandate that EPA wait for administrative
orders to be issued in final form before proposing action. Instead, EPA
may propose action on draft administrative orders, so long as the
proposal provides sufficient information regarding the prospective
administrative order (and other elements of the State submission) and
EPA's intended action on the prospective order for commenters to have
suitable opportunity to comment on significant issues pertinent to the
State material and EPA's proposed approval.
Notably, Sierra Club did not express any concerns of its own
regarding the language of the administrative order, suggesting that no
further solicitation of comment on the particular differences in
language between the draft and the final administrative order was
warranted. Therefore, EPA concluded that its proposed rule provided an
adequate basis for commenters to identify issues of concern and allow
EPA to proceed to final rulemaking without reproposal.
Comment: Sierra Club objects to Wisconsin expressing the limits for
Georgia-Pacific as a cap on emissions from four boilers, including two
boilers that are not subject to the requirement for BART. In Sierra
Club's view, this approach ``dilutes the stringency of the BART
limits,'' insofar as ``the control efficiency required of the BART
units will depend on the operating characteristics of the other, non-
BART units.''
Response: Wisconsin established an emissions cap reflecting
baseline emissions of the non-BART boilers plus emissions from the BART
boilers at BART control levels, minus a deduction for environmental
benefit. This cap assures that total emissions from the facility will
be reduced by more than the amount that would be mandated with the
establishment of limits solely on emissions from the BART units. That
is, in the scenario of concern, in which the company accommodates
operation that controls BART unit emissions by less than the unit's
full control capacity by reducing non-BART emissions to a slightly
greater degree below baseline levels, the company would be achieving a
slightly greater environmental benefit than if it had controlled BART
unit emissions at full BART control levels and operated the non-BART
units at baseline emission levels. This scenario is fully authorized in
40 CFR 51.308(e), which allows satisfaction of BART requirements by
alternate strategies involving control at non-BART units that achieve
greater environmental benefit than the strategy that simply controls
BART units with BART-level control.
Strictly speaking, Wisconsin's administrative order does not
regulate which boilers are in operation at any given time. For example,
Georgia-Pacific is allowed under the order to resume operation of a
fifth boiler. The important point here is that regardless of which
boilers are operating, total emissions must be below levels that would
occur if Wisconsin were simply mandating BART controls on the BART
units.
Comment: Sierra Club echoes comments made by the National Park
Service and the U.S. Forest Service (misidentified as the Fish and
Wildlife Service) during the State's public comment process that the
cap ``is inflated because it relies on `baseline' emissions'' that
include emissions for a shutdown boiler (B24) and used emissions for a
`` `design fuel' rather than the more representative fuels for the
boilers.''
Response: In response to similar comments on a July 2011 draft
plan, Wisconsin made the recommended changes, determining baseline
emissions by excluding emissions from the shutdown boiler and removing
any adjustments for ``design fuels.'' Thus, this comment has previously
been addressed.
Comment: Sierra Club objects that, with Georgia-Pacific's limit
expressed as a cap on emissions from both BART and non-BART boilers,
any future requirement to reduce emissions at the non-BART boilers will
allow correspondingly more emissions at the BART boilers. Sierra Club
in particular identifies two pending actions that in its view will
likely require emission reductions at the non-BART boilers: An EPA
rulemaking to require maximum available control technology at
industrial boilers and a petition by the Sierra Club for EPA to find
that this Georgia-Pacific facility should have become subject to
tighter limits under prevention of significant deterioration
regulations.
Response: EPA's regional haze regulation authorizes the State to
establish a BART strategy that includes credit for measures that have
been implemented since the baseline date of the SIP (which is 2002). In
practice, the boilers at Georgia-Pacific vent to a common stack and the
limits are designed to limit the combined set of emissions from the
facility. Consistent with EPA's regional haze rule, Wisconsin's limits
require a suitable degree of emission reduction from this facility and
it is not necessary for Wisconsin to require these reductions to apply
to the emissions of particular boilers. Second, Wisconsin is not
required to mandate further emission reductions, either at the BART
boilers or at other boilers from which it mandates emission reductions
as part of its BART strategy, to go beyond the reductions that might be
required in the future. Instead, the degree of reduction required to
satisfy the regional haze rule is independent of the reductions
mandated by other regulatory requirements that apply sooner or later
after the baseline date. Third, future requirements on the non-BART
boilers, such as Maximum Available Control Technology for boilers, will
also apply to the BART boilers. As a result, the situation feared by
the commenter, in which compliance with tight requirements on the non-
BART boilers allows Georgia-Pacific to have minimal control of the BART
boilers, is unlikely to arise. Finally, the degree of SO2
and NOX emission control, if any, that might be required by
the regulations cited by Sierra Club is speculative and too uncertain
to consider here.
Comment: Sierra Club cites EPA as noting that ``its Draft Economic
Incentives Program Guidance is relevant to this rulemaking.'' Sierra
Club states that this guidance allows credit only for emission
reductions that are surplus and beyond current regulatory
[[Page 46955]]
requirements. Furthermore, ``the Guidance notes that the reduction
cannot be required by any regulatory requirement at the time the
reductions occur,'' which Sierra Club considers to mean reductions
required by 2015. Sierra Club cites ``the industrial boiler hazardous
air pollutant rule, the 1-hour SO2 SIP, and new source
review requirements'' as regulations that will require reductions
before 2015, such that Wisconsin may only use credit for reductions
below the 2015 levels.
Response: In cases like this where a subject is addressed by both
the general guidance in the draft Economic Incentive Program Guidance
and in program-specific guidance that more directly addresses specific
statutory requirements, EPA gives more weight to the regulatory
provisions that are promulgated for the specific statutory
requirements, in this case to the provisions of the regional haze rule.
As noted above, the regional haze regulations promulgated in 40 CFR
51.308 allow credit for reductions achieved after the baseline date of
the SIP (2002), irrespective of any recommendations to the contrary in
the draft Economic Incentives Program Guidance.
Comment: Sierra Club comments that, ``the emission limits proposed
by Wisconsin also apply the BART-level emission reductions to a faulty
`baseline.' * * * First, Wisconsin's baseline relies on an unreasonable
assumption that the boilers always operate at the maximum heat input
during any 30-day period or annual period between 2002-2004. [As a
result,] boilers B26 and B27 will rarely, if ever, actually be required
to meet the control efficiencies determined to represent BART. * * *
Furthermore, because the facility operated more and emitted more in
2002-2004 than in recent years, using a baseline from a decade ago is
unrepresentative of more recent operations.'' Sierra Club provided
various calculations to illustrate its point that current operations
cause substantially lower emissions, so that deriving a limit from
emissions in 2002-2004 yields an inflated limit that requires
substantially less control than BART. Similarly, Sierra Club objects to
the derivation of a monthly emission limit from the peak operating rate
rather than from a more representative operating rate. Sierra Club
recommends instead that EPA ``require that the boilers B26 and B27
comply with a percent reduction [limit] through a weighted average of
fuel input into each boiler.''
Response: EPA believes that Wisconsin has made a reasonable choice
in formulating its limits on Georgia-Pacific's SO2 and
NOX emissions as mass emission limits governing the
emissions of all the boilers in the facility. While the facility's
current emissions are lower than the emissions during the baseline
period, EPA's regional haze rule allows credit for such reductions,
insofar as the reductions contribute to mitigating regional haze.
Wisconsin reasonably based its limits on the peak baseline emission
levels rather than average emission levels, since the State must set a
limit that requires continuous compliance and the limit must be a level
that can be achieved even at peak operating rates. EPA agrees that a
limit defined as a weighted average of the intended emission factor
(e.g., in pounds per million British Thermal Units for each boiler)
times the applicable boiler's heat input would also be an appropriate
form for the limit, but EPA finds Wisconsin's formulation of its limit
to be fully approvable and fully adequate as well.
Comment: Sierra Club comments that EPA should have required further
control at the non-BART boilers at Georgia-Pacific, for purposes of
achieving reasonable progress in mitigating visibility impairment.
Response: Since the non-BART boilers by definition are not required
to install or operate BART-level controls, the reasonableness of
control at the non-BART boilers at Georgia-Pacific is judged according
to the same criteria as control at other facilities. EPA believes that
Wisconsin has mandated sufficient emission reductions to address the
requirements for reasonable progress.
Comments by NPS
Comment: NPS states, ``Boiler B25 ceased operation in 2008. WDNR
and EPA propose to allow the combined baseline emissions to include
emissions from boiler B25 that has not operated for three years, as
well as boilers B26, B27, and B28. However, in its September 2011
letter to WDNR, EPA commented that including emissions from the non-
operational boiler B25 in the combined emissions limit would allow less
effective controls of the BART boilers.''
Response: As Wisconsin explains in its response to comments, while
Georgia-Pacific ceased operation of boiler B24 in 2004, it has only
suspended operation of boiler B25, pending resolution of questions
regarding whether the requirements of the Clean Air Interstate Rule
apply to this boiler. EPA then found, on May 2, 2011, that the boiler
was exempt from requirements of the Clean Air Interstate Rule, so that
the company no longer had this disincentive for operating this boiler.
While this issue was being resolved, Georgia-Pacific had relatively
constant total boiler use but shifted load from boiler B25 to its other
boilers. Now that this issue is resolved, representative operation of
Georgia-Pacific's boilers may be considered to include operation of
boiler B25. For this reason, EPA considers boiler B25 (unlike B24) to
be a source for which the baseline emissions may reasonably be included
in determining a collective limit on emissions of operating boilers at
Georgia-Pacific.
Comment: NPS asserts that, ``Controls on boiler B28 are warranted
for reasonable progress because the northern Class I areas impacted by
Wisconsin's emissions are not meeting or just meeting the uniform rate
of progress for visibility improvement. The BART and reasonable
progress levels of control should be 95% for sulfur dioxide and 75-85%
for nitrogen dioxide.''
Response: The non-BART boilers at Georgia-Pacific are a few among
many boilers in Wisconsin that warrant consideration for control. The
Georgia-Pacific boilers warrant review under the same criteria as the
other boilers in the State. Wisconsin reviewed the information
generated by the Midwest Regional Planning Organization (MRPO),
addressing the factors pertinent for judging potentially reasonable
measures, and concluded that additional control of industrial,
commercial, and institutional boilers was not a reasonable measure at
this time. This conclusion implicitly applies to the non-BART boilers
at Georgia-Pacific as well as to other boilers in the State. Wisconsin
will reassess the reasonableness of control of this category of boilers
in a regional haze plan for a future implementation period.
Comment: NPS ``disagree[s] with Wisconsin's and EPA's proposal to
approve four different combinations of SO2 and
NOX emissions limits as BART for the combined stack and to
allow Georgia-Pacific to select by July 15, 2013, which emissions
limits to meet. We are not aware of any other situation in the country
where EPA proposes to allow a source to meet one of multiple emissions
limits. * * * In the approved Plan, the more stringent limits each for
SO2 and for NOX should be determined to be BART
and less stringent alternative emissions limits should not be
permitted.''
Response: The administrative order that EPA proposed to approve
identifies four potential sets of emission limits and specifies a
process by which one of these sets of limits shall be identified by
July 15, 2013, as the enforceable limits
[[Page 46956]]
for Georgia-Pacific. The ``baseline'' limits were derived independently
for SO2 and for NOX based on baseline emissions
for the four operating (or potentially operating) boilers minus the
emission reductions expected from BART controls on the BART boilers
minus a reduction for ``environmental benefit.'' EPA found these limits
to satisfy the requirements under 40 CFR 51.308(e)(2) for providing
greater reasonable progress in mitigating visibility impairment than
direct application of BART limits, and so EPA found these limits to
satisfy the BART requirements of 40 CFR 51.308(e). EPA then examined
the three alternative sets of limits submitted by Wisconsin. The intent
of the State was to establish equivalent alternatives, by setting
increased NOX emission limits and setting SO2
emission limits that were reduced by an amount equal to twice the
amount by which the NOX limits were increased. The three
alternatives differ only in the magnitude of the NOX limit
increases and the associated SO2 limit decreases. In EPA's
view, the modeling submitted by Wisconsin justifies the State's view
that the three alternative sets of limits could be expected to provide
at least approximately the same degree of visibility protection as the
baseline limits. From this, EPA concluded that any of the four sets of
limits that may be selected would provide better visibility protection
than would be obtained with direct application of BART limits on the
BART sources. While states do not usually identify and submit, and EPA
does not usually approve, alternative sets of limits, EPA believes in
this case that Wisconsin has provided sufficient justification for each
of the alternatives. EPA is assured that a single set of limits will be
unambiguously identified as the applicable limits within a sufficiently
short period of time (by July 15, 2013, well before the January 1, 2016
compliance date) and thus is approving this approach.
Comment: NPS observes that Wisconsin's determination of whether its
EGUs warranted tighter particulate matter (PM) limits was based on
actual emissions rather than allowable emissions. NPS provided a table
comparing actual PM emission rates to permissible PM emission rates,
indicating that the applicable emission limits are in most cases
substantially higher than actual emission rates. NPS believes that
Wisconsin's modeling is an inadequate justification for avoiding a full
five-factor review of BART with respect to PM. NPS suggests that
Wisconsin could satisfactorily justify avoiding a full five-factor
analysis either by demonstrating (with revised modeling) that allowable
PM emission rates have minimal visibility impact or by revising PM
limits to reflect current actual emissions.
Response: EPA believes that Wisconsin has adequately justified its
conclusion that its limits for PM emissions from EGUs satisfy BART
requirements. First, Wisconsin's findings are consistent with findings
by MRPO and findings by other states that even the higher allowable
levels of PM emissions are unlikely to cause significant visibility
impairment, as a result of the dispersion of PM that occurs over the
distances from the EGUs and the Class I areas. Second, Wisconsin's PM
limits, despite being well above actual controlled emission levels in
most cases, are arguably tight enough to require the companies to
reduce PM emissions to levels that are insignificant from a visibility
perspective. Wisconsin did note that one facility complying with
applicable limits was emitting relatively large quantities of PM;
Wisconsin reduced this facility's allowable PM emissions. EPA is
satisfied that all of Wisconsin's EGUs can be expected to emit
quantities of PM that are de minimis for visibility purposes.
Comment: NPS comments that limits should be based on more recent
data that better represent the current operations. These more recent
data suggest use of a baseline with significantly lower emissions.
Response: The regional haze rule authorizes states to determine
limits based on emissions during the baseline period, irrespective of
subsequent emission reductions. The subsequent emission reductions
would be considered creditable emission reductions that needn't result
in calculation of lower emission limits. The most significant change in
emissions over that period has been the result of the use of fuel with
lower sulfur content. These reductions are creditable, and Wisconsin is
not required to use a baseline that is reduced to reflect these
reductions.
Comment: NPS takes note of EPA's finding ``that emissions limits of
2,340 [tons per year (tpy)] of SO2 and 977 tpy of
NOX are [BART] * * * EPA then goes on to propose that a
SO2 limit as low as 1,250 tpy and a NOX limit as
high as 1,522 tpy are also [BART].'' NPS continues, ``If EPA believes
that 1,250 tpy is BART for SO2 then it should not allow
Georgia-Pacific to emit 2,340 tpy under any circumstance. Likewise, if
EPA believes that 977 tpy is BART for NOX, then it should
not allow Georgia-Pacific to emit 1,522 tpy under any circumstance.''
Response: Wisconsin defines BART in terms of control equipment that
achieves specified levels of control of SO2 and
NOX emissions from boilers B26 and B27. These limits do not
define BART per se; instead, these limits, which also limit emissions
from two boilers that are not required to have BART control, are
designed to satisfy BART requirements by requiring emission reductions
that would yield better visibility protection than would be obtained by
requiring BART alone. The limits of 2,340 tpy of SO2 and 977
tpy of NOX represent Wisconsin's ``baseline'' 12-month
rolling emission limits. The limits of 1,250 tpy of SO2 and
1,522 tpy of NOX represent Wisconsin's ``Alternative 3'' 12-
month rolling emission limits. In each case, the limits reflect a set
of control measures that EPA finds to provide better visibility
protection than would be obtained from direct application of the
measures determined to represent BART. Requiring Georgia-Pacific to
meet the Alternative 3 SO2 limits and the baseline
NOX limits would of course also provide better visibility
protection, but such an approach is not necessary to meet BART
requirements.
Comment: NPS states, ``Emission limits must reflect the best level
of `continuous emission reduction,' and the proposed mass cap limits
would allow a very high lb/mmBtu emission rate during periods of low
utilization.''
Response: Wisconsin's emission limits apply at all times and
therefore require continuous emission reduction. EPA allows states to
express limits in various forms, including in the form of mass limits,
as adopted by Wisconsin, as well as in the form of emission rate
limits, as urged by NPS. Wisconsin has adopted a reasonable limit,
which was designed to be achievable with BART level control even during
periods of maximum plant utilization. Given the air pollution control
equipment that these limits will require Georgia-Pacific to install,
EPA expects significant emission reductions at all times.
Comment: NPS comments, ``EPA should not allow the source to mix-
and-match to find the least stringent combination for each situation.''
NPS quotes from an EPA letter to Wisconsin: ``If Wisconsin wishes to
pursue 30-day averaging, in combination with an annual emissions cap,
the State must provide justification.'' NPS then comments that, ``EPA
has not explained why it now accepts the approaches that it recently
rejected.''
[[Page 46957]]
Response: Wisconsin is no longer pursuing the variable limit
approach that EPA was referring to in the letter the commenter is
citing. Georgia-Pacific has an initial option to choose among four
defined sets of limits, each of which has been found acceptable. To be
precise, Wisconsin's administrative order establishes a baseline set of
limits that apply by default, but the order also provides that one of
three identified alternative sets of limits becomes the enforceable
limits if Georgia-Pacific selects the alternative by July 15, 2013. The
selected limits, or, in absence of a selection, the baseline limits,
are permanently enforceable unless Wisconsin justifies limit revisions
through a SIP revision process. Thus, EPA is not accepting an approach
``it recently rejected.''
Wisconsin has provided suitable justification for using a 30-day
average limit. Regional haze is measured as an average over 20 percent
of the days of a year (the 20 percent worst days or the 20 percent best
days), and so expressing the emissions limit as a 30-day limit,
supplemented by a 12-month limit that further limits average emission
controls, suitably limits emissions consistent with the averaging time
of the metric being addressed.
Comment: NPS objects that, ``EPA proposes to allow WDNR to take
advantage of the purported Stack S10 10 percent emission reduction more
than once.'' NPS states, ``while it is appropriate under EPA's Economic
Incentive Program to reduce allowable emissions by `10 percent for the
benefit of the environment,' it is not appropriate to use that same 10
percent reduction again to `arguably compensate for that uncertainty as
to how much the emissions from the BART boilers will be controlled.' ''
Response: NPS provides no reason that the pertinent reduction in
the emission limit cannot serve multiple purposes. Arguably, the 10
percent reduction recommended in the Economic Incentive Program policy
is to assure that the economic incentive program provides environmental
benefit, notwithstanding the uncertainty regarding the extent to which
individual sources will be controlled. EPA guidance does not require
that Wisconsin reduce its emission limits to provide environmental
benefit and then reduce its emission limits further to address
uncertainty about which sources will reduce emissions by how much.
Comment: NPS does not believe that EPA has properly supported a
conclusion that Wisconsin's long-term strategy provides for
satisfaction of RPGs. NPS notes differences between the visibility
projections of the Central Regional Air Partnership (CENRAP) given in
Minnesota's SIP and the projections of the MRPO that Wisconsin
presents. With either set of projections, ``The [RPGs] provides for
less annual progress towards the ultimate visibility goals than the
uniform rate of progress.''
NPS notes comments it made to Wisconsin regarding an absence of a
four-factor analysis of potential emission control measures for
providing reasonable progress. NPS observes that Wisconsin responded by
providing an analysis of emissions divided by distance (``Q/d'') and by
noting significant emission reductions that have occurred beyond the
reductions originally expected in Wisconsin's regional haze plan, but
NPS finds that Wisconsin set no criteria for conducting a four-factor
review. In NPS' view, several sources in Wisconsin, including the non-
BART units at Georgia-Pacific, warrant consideration for further
controls for purposes of achieving reasonable progress. Finally, NPS
quotes EPA as finding that ``additional controls for [industrial,
commercial, and institutional (ICI) boilers] are not needed now,'' but
NPS believes that EPA has not justified this conclusion.
Response: Wisconsin relied on information developed by the MRPO
that addressed the four factors to be considered in evaluating
reasonable measures for purposes of providing reasonable progress.
Wisconsin evaluated this information and concluded that the control
measure that warranted most consideration as a further measure was
control of ICI boilers. However, Wisconsin noted that EPA is exploring
setting limits on these facilities in conjunction with CSAPR. Regional
multi-state action on these sources would provide significantly more
benefit than action in Wisconsin alone. Wisconsin noted that the
limiting factor for providing further progress in addressing visibility
impairment was the time needed to define and implement further
controls. Wisconsin noted that EPA is still evaluating the potential
for further reductions from ICI boilers. The State concludes that
further reductions from this sector cannot reasonably be required in a
timely fashion for the long-term strategy of this implementation
period. Wisconsin further concluded that other sources categories are
less appropriate to regulate in this long-term strategy. EPA concurs
with Wisconsin's conclusion, finding that the State has conducted
adequate analysis and presented suitable justification that its long-
term strategy provides adequate contribution to meeting applicable
RPGs.
Comment: NPS quotes Wisconsin as ``assert[ing] that the rate of
emission reduction projected for Wisconsin sources, compared to those
of Michigan and Minnesota, shows that Wisconsin is meeting its share of
visibility improvement. Figures 6 and 7 * * * show that Wisconsin
emissions, using the `on the books' inventory, decrease at a similar or
greater rate than Michigan and Minnesota emissions.'' NPS observes,
``However, inspection of Figures 6 and 7 finds that, while Wisconsin is
predicting greater reductions in NOX than MI and MN, it
falls short of the SO2 reductions estimated in MN. WDNR
should have conducted a valid four factor analysis of specific sources
to determine what emissions controls are reasonable.''
Response: NPS correctly characterizes the information in Figures 6
and 7. However, the critical test is whether Wisconsin has provided
``all measures necessary to obtain its share of the emission reductions
needed to meet the progress goal for the [affected Class I areas].''
(40 CFR 51.308(d)(3)(ii)) Irrespective of modest differences in the
emission reductions achieved in different states, Wisconsin's data show
that Wisconsin is implementing measures similar to those in other
neighboring states. Based on Wisconsin's submission, EPA concludes that
Wisconsin has in place measures that will allow it to meet applicable
RPGs.
WDNR
Comment: ``WDNR believes that U.S. EPA inadvertently mislabeled the
control technologies for NOX and SO2 which WDNR *
* * determined to be BART at the Georgia-Pacific facility in Green Bay.
Accordingly, WDNR requests that U.S. EPA make the following corrections
to the BART control technologies listed in the proposed approval:
change `wet scrubbing' to `dry scrubbing' for SO2 BART; and
change `recirculating selective catalytic reduction' to `regenerative
selective catalytic reduction' for NOX BART.''
Response: EPA acknowledges and corrects these errors. As noted by
WDNR, the technologies that it determined to be BART are dry scrubbing
for SO2 and regenerative selective catalytic reduction for
NOX.
Georgia-Pacific
Comment: Georgia-Pacific notes the same errors that WDNR identified
in EPA's description of the control technology found to be BART.
[[Page 46958]]
Specifically, Georgia-Pacific quotes from WDNR's submission: ``The
final BART determination for SO2 reflects fuel switching of
petroleum coke from BART boilers B26 and B27, followed by circulating
bed dry scrubbing technology at 93 percent control.'' Georgia-Pacific
quotes further from WDNR's submittal: ``For B27, a cyclone boiler, the
BART determination for NOX reflects overfire air combustion
modifications followed by Regenerative Selective Catalytic Reduction
(RSCR) to yield an 85 percent long-term NOX Control
requirement.''
Response: As requested, EPA is correcting the description of the
technology determined to be BART to include, in part, dry scrubbing
technology and regenerative selective catalytic reduction.
Comment: Georgia-Pacific supports EPA's findings regarding the
adequacy of its limits to satisfy BART requirements. The company in
particular agrees with EPA's position that the limits established for
the sum of emissions across all operating boilers at the facility
provide additional environmental benefits, as recommended in the EPA
Draft Economic Incentive Policy Guidance.
Response: EPA acknowledges Georgia-Pacific's support for its
proposed action.
Comment: Georgia-Pacific ``supports WDNR's simplified approach for
establishing a `not-to-exceed' emissions curve (line) instead of a mass
cap established by a single point or a set of three sets [of]
alternative emission limits.'' Georgia-Pacific notes that EPA in its
notice of proposed rulemaking ``agrees that different pairs of
SO2 and NOX emission limits can provide
equivalent visibility improvement.'' Georgia-Pacific then notes that
WDNR in its submission ``supports a more simplified approach'' in which
Georgia-Pacific ``does not need to elect one set of SO2 and
NOX mass caps,'' but instead allows inter-pollutant trading,
using ``the established 2:1 trading ratio'' (i.e., requiring two tons
less SO2 emissions for each ton more of NOX
emissions), such that Georgia-Pacific may comply with any combination
of SO2 and NOX emissions that meet an equation
defining combinations with equivalent benefits. Accordingly, Georgia-
Pacific envisions a graph of the SO2 and NOX
limits in the baseline limits and the three alternative sets of limits,
and the company observes that these four points on this imagined graph
lie along a straight line. ``We believe that equivalent improvements in
visibility exist for any emission limit set that also lies on the
line.'' Georgia-Pacific quotes from WDNR's submittal: ``This approach
allows the control levels to be varied over time based on the most
effective option at that time. Further, this approach does not require
an election of one set of mass caps by July 15, 2013, and or SIP
approval for mass caps identified at a later time.''
Georgia-Pacific concludes, ``The compliance date for BART controls
in DNR's SIP is December 31, 2015. We request the SIP allow the state
flexibility in granting alternate emission limits through December 31,
2015 through amendment of a state-authorized order or other mechanism
deemed appropriate by WDNR. Between today and December 31, 2015, these
boilers require other controls to meet 40 CFR 63 DDDDD (Industrial
Boiler MACT). With the ultimate Boiler MACT rule requirements still
uncertain, adjustments to the alternate BART emission limits may be
necessary to provide a reasonable solution to comply with both
overlapping requirements.''
Response: Wisconsin's submission identifies a baseline set of
limits and three alternative sets of limits, with provision for
Georgia-Pacific either to become subject to the baseline set of limits
or to choose by July 15, 2013 to become subject to one of the three
alternative sets of limits. The Wisconsin submission does not include
any limits based on the more flexible approach that Georgia-Pacific
suggests, and so these comments are not directly germane to Wisconsin's
submission or to EPA's proposed rule. Furthermore, EPA does not have
the latitude to approve a hypothetical SIP revision that differs from
the State submission by including the requested flexibility.
A similar issue arose in the context of Wisconsin's July 2011 draft
SIP. Therefore, EPA's comments to Wisconsin in response to that draft
SIP also serve to respond to these comments. In a letter to Wisconsin
dated September 16, 2011, EPA stated:
``While EPA's regional haze rule offers some flexibility for
establishing combinations of particular control measures that
provide more or less control of particular pollutants, the rule does
not provide for states to adopt limits that provide for a range of
control levels for one pollutant that is dependent on the level of
emissions of another pollutant. Georgia-Pacific can expect to be
required to reduce SO2 emissions substantially over the
next several years. Georgia-Pacific will likely need to install
emission control equipment to satisfy the maximum achievable control
technology (MACT) regulation for industrial boilers, and the
SO2 emission reductions will likely also be necessary to
provide for attainment of the SO2 national ambient air
quality standard. If Wisconsin allows these SO2 emission
reductions (or reductions from reduced boiler usage) to replace the
NOX reductions that would otherwise be required as BART,
it is quite plausible that implementation of these reductions would
allow Georgia-Pacific to implement no reductions of NOX
emissions at all. In contrast, the baseline scenario involving
standard limits requiring BART would require NOX emission
control regardless of whether extraneous factors require or
otherwise yield SO2 emissions below BART levels. While
Wisconsin is comparing visibility levels with various potential
emission scenarios against visibility in 2002 to 2004, EPA is
comparing visibility under these scenarios against visibility that
would be expected under a standard scenario in which BART limits
apply directly to the BART units. Consequently, Wisconsin's proposed
approach must be considered to authorize Georgia-Pacific to cause
more visibility impairment than would be authorized under an
approach that applied standard BART limits.''
Forest Service
Comment: The Forest Service referenced the comments it made to
Wisconsin regarding draft regional haze plans. In particular, it cites
letters to Wisconsin dated March 4, 2011, and July 27, 2011. The Forest
Service states, ``We do not believe the changes made address the
concerns in our previous letters.'' The Forest Service encloses copies
of the previous letters, but provides no discussion regarding which
concerns remain unaddressed. The letters address BART for Georgia-
Pacific (generally supporting Wisconsin's January 13, 2011 draft and
objecting to Wisconsin's July 1, 2011 draft), the determination that
the BART requirement does not apply to other sources in the State other
than EGUs, and the provisions in the long-term strategy for achieving
RPGs.
Response: Wisconsin's regional haze plan includes responses to
comments, including responses to both comment letters from the Forest
Service. Implicit in EPA's proposal to approve Wisconsin's plan is a
finding that Wisconsin has satisfactorily addressed the comments it
received. In general, Wisconsin modified its BART determination for
Georgia-Pacific in response to some comments and justified its draft
determination with respect to other comments. Wisconsin justified its
determination of which sources were subject to a BART requirement, and
Wisconsin justified the features of its long-term strategy as
implementing its share of reductions for achieving RPGs. In absence of
identification of particular issues that remain of concern and
explanation of the Forest Service's disagreements with EPA's proposed
rule and with Wisconsin's responses to its comments,
[[Page 46959]]
EPA continues to believe that Wisconsin has appropriately addressed
comments by the Forest Service.
III. What action is EPA taking?
EPA is approving Wisconsin's regional haze plan as satisfying the
applicable requirements in 40 CFR 51.308. The plan identifies affected
Class I areas, calculates the baseline and natural visibility,
establishes RPGs, relies on CSAPR to address BART requirements for nine
EGUs that are subject to BART, mandates BART measures for Georgia-
Pacific, establishes a Long-Term Strategy for making reasonable
progress toward visibility goals, and provides a monitoring strategy.
A key element of Wisconsin's plan is an administrative consent
order establishing emission limits satisfying BART requirements for
Georgia-Pacific. Wisconsin issued this order, Administrative Consent
Order Number 405032870, on June 8, 2012. This Order provides a baseline
set of emission limits and three alternative sets of emission limits,
and provides a selection process to be completed by June 15, 2013, such
that one of these sets of emission limits for Georgia-Pacific shall
become permanent and State enforceable. The Georgia-Pacific BART
emission limits will become Federally enforceable with this SIP
approval.
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.
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 October 9, 2012. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, and Sulfur oxides.
Dated: June 15, 2012.
Susan Hedman,
Regional Administrator, Region 5.
Therefore, 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.
0
2. Section 52.2570 is amended by adding paragraph (c)(124) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(124) On January 18, 2012, supplemented on June 7, 2012, Wisconsin
submitted Wisconsin's regional haze plan to EPA. This regional haze
plan includes an administrative consent order specifying limits
satisfying best available retrofit requirements for Georgia-Pacific
Consumer Products, L.P. This plan also includes a long-term strategy
with emission reductions to provide Wisconsin's contribution toward
achievement of reasonable progress goals at Class I areas affected by
emissions from Wisconsin sources.
(i) Incorporation by reference.
(A) Administrative Consent Order Number 405032870, issued by the
Wisconsin Department of Natural Resources on June 8, 2012, to Georgia-
Pacific Consumer Products LP.
(B) Construction Permit Number 11-POY-123, issued by the Wisconsin
Department of Natural Resources on November 11, 2011, to Wisconsin
Power & Light for its Columbia Energy Center.
* * * * *
[FR Doc. 2012-19137 Filed 8-6-12; 8:45 am]
BILLING CODE 6560-50-P