Approval and Promulgation of Implementation Plans; Wisconsin; Nitrogen Oxide Combustion Turbine Alternative Control Requirements for the Milwaukee-Racine Former Nonattainment Area, 24337-24340 [2014-09724]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0206; FRL–9908–93–
Region 5]
Approval and Promulgation of
Implementation Plans; Wisconsin;
Nitrogen Oxide Combustion Turbine
Alternative Control Requirements for
the Milwaukee-Racine Former
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
On February 24, 2014, the
Wisconsin Department of Natural
Resources (WDNR) submitted revisions
to its nitrogen oxide (NOX) combustion
turbine rule for the Milwaukee-Racine
former nonattainment area. This
revision is contained in ‘‘2013
Wisconsin Act 91—Senate Bill 371’’
which allows alternative NOX emission
requirements for simple cycle
combustion turbines that undergo a
modification on or after February 1,
2001, if dry low NOX combustion is not
technically or economically feasible.
This revision is approvable because it
provides for alternative NOX
requirements subject to Environmental
Protection Agency (EPA) approval on a
case-by-case basis and therefore satisfies
the reasonably available control
technology (RACT) requirements of the
Clean Air Act (CAA).
DATES: This direct final rule will be
effective June 30, 2014, unless EPA
receives adverse comments by May 30,
2014. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–RO5–
OAR–2014–0206, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:04 Apr 29, 2014
Jkt 232001
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2014–
0206. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
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 Steven
Rosenthal, Environmental Engineer, at
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
24337
(312) 886–6052 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Attainment Planning &
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6052,
rosenthal.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is the background for this action?
II. What are Wisconsin’s NOX rule revisions
and what is EPA’s analysis of the
revisions?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
The WDNR established a stationary
source NOX control program in 2000 to
meet rate-of-progress (ROP)
requirements that are applicable to the
Milwaukee-Racine former
nonattainment area under the 1990 1-hr
ozone national ambient air quality
standard (NAAQS). The entire NOX
control program consists of emission
limits for new sources, existing sources,
and existing sources that undergo a
major modification. These NOX control
requirements are set forth in chapter NR
428, Wisconsin Administrative Code
(NR 428). EPA approved this NOX
control program as part of Wisconsin’s
ozone State implementation plan (SIP)
on November 13, 2001, 66 FR 56931.
Also, EPA approved RACT
requirements, set forth in NR
428.22(1)(g)1.a and b., on March 24,
2010, 75 FR 14116.
The Milwaukee-Racine former
nonattainment area was designated
attainment for the 1997 8-hr ozone
NAAQS on February 9, 2012, 77 FR
6739. As part of the designation to
attainment, a maintenance plan was
required that showed daily NOX
emissions will not exceed levels
consistent with attainment. The NR 428
ROP and RACT requirements, among
other requirements, are part of this
maintenance plan.
Under the current SIP approved NR
428 NOX control program, existing
simple cycle combustion turbines larger
than 84 megawatts (MW) that undergo a
major modification after February 2001
must meet the emission limitations set
forth in s. NR 428.04(2)(g)1.a. and 2.a.
This provision sets NOX emission limits
of 12 or 25 parts per million dry volume
(ppmdv) at 15% oxygen (O2), on a 30-
E:\FR\FM\30APR1.SGM
30APR1
24338
Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations
day rolling basis, when firing natural
gas or distillate oil, respectively.
II. What are Wisconsin’s NOX rule
revisions and what is EPA’s analysis of
the revisions?
The WDNR originally set the NOX
emission limitations for combustion
turbines in NR 428.04(2)(g)1.a. and 2.a.
based on the assumption that dry low
NOX (DLN) combustion technology was
both feasible and available for new and
modified combustion turbines. As
previously stated, the emission
limitations in NR 428.04(2)(g)1.a. and
2.a. apply to simple cycle combustion
turbines that are larger than 84 MW and
undergo a major modification. There are
only four existing combustion turbines
in the Milwaukee-Racine former
nonattainment area that may meet these
criteria. These combustion turbines are
the model 11N turbines that were
manufactured by ASEA Brown-Boveri
(ABB) and operated by We Energies at
its Paris generating facility.
In 2008, the WDNR conducted a best
available control technology (BACT)
assessment for a set of ABB 11N
combustion turbines operated by We
Energies at its Concord facility. This
BACT analysis is applicable to the NR
428 and alternative emission
requirements as it applies to the same
model combustion turbine. In
performing this top-down BACT control
analysis, selective catalytic reduction
(SCR) was the most effective control
technology considered. However, the
WDNR determined that SCR was not
cost-effective for BACT as the cost
would likely exceed 8,236 dollars per
ton of controlled NOX. The analysis also
noted that the cost would likely be even
higher due to intermittent operating
profiles and high flue gas temperatures
associated with simple cycle
combustion turbines. After excluding
SCR, the analysis showed that the next
best available technology is DLN
combustion technology. In this case, the
WDNR determined that DLN was not
commercially available for the ABB 11N
simple cycle combustion turbines. After
SCR and DLN, the Concord BACT
analysis indicates that the next best
technology for the 11N ABB combustion
turbines is water injection. Therefore
water injection was determined by the
WDNR to be BACT for the Concord
simple cycle combustion turbines. Thus,
the best control technology available
that is consistent with the intent of NR
428 in meeting ROP and RACT
requirements is water injection for those
simple cycle combustion turbines for
which DLN is not available.
The Wisconsin Legislature enacted
Wisconsin statute s. 285.27 (3m) on
December 13, 2013 to establish different
emission requirements for simple cycle
combustion turbines that are modified
and that do not have the necessary DLN
combustion control technology
available. Under the proposed
requirement, the affected combustion
turbines must operate water injection
and meet NOX emission limits of 25 or
65 ppmdv at 15% O2, on a 30-day
rolling basis, when firing natural gas or
distillate oil, respectively. The emission
limitations originally applicable under
NR 428 for modified combustion
turbines and the alternative
requirements enacted under s. 285.27
(3m), Wis. Stats., are compared in Table
1.
TABLE 1—NOX EMISSION REQUIREMENTS FOR SIMPLE CYCLE COMBUSTION TURBINE >84 MW THAT UNDERGO A MAJOR
MODIFICATION
s. 285.27 (3m)
Wis. Stats.
alternative requirements
NR 428
Emission limits
Emission Limitations: 1.
Natural Gas ...................................................................................................
Distillate Oil ...........................................................................................................
Technology Requirement ......................................................................................
mstockstill on DSK4VPTVN1PROD with RULES
1 Emission
25.
65.
Operation of Water Injection.
limitations in parts per million dry volume @15% O2 on a 30-day rolling basis.
In order to be subject to the
alternative requirements under s. 285.27
(3m), Wis. Stats., the owner/operator of
the combustion turbine must
satisfactorily demonstrate that
equipping the turbine with a DLN
combustion system is not
technologically or economically feasible
or that a DLN combustion system is not
commercially available from the
manufacturer of the combustion turbine
and the owner/operator must obtain a
written confirmation of this
demonstration from EPA.
Based on the use of water injection
NOX control technology, s. 285.27 (3m),
Wis. Stats. sets forth emission
limitations of 25 or 65 ppmdv at 15%
O2, on a 30-day rolling basis, when
VerDate Mar<15>2010
12 ............................................
25 ............................................
None Specified .......................
16:04 Apr 29, 2014
Jkt 232001
firing natural gas or distillate oil,
respectively. These emissions
limitations are appropriate for two
reasons. First, these emission limits are
consistent with the Concord combustion
turbines BACT emission limits. Second,
these are the same emission limitations
for using water injection in meeting
RACT requirements under the NR 428
control program. These RACT
requirements are set forth in NR
428.22(1)(g)1.a. and b., Wis. Adm. Code,
and were approved by the WDNR and
EPA on March 24, 2010, 75 FR 14116.
The alternative emission requirements
established in s. 285.27 (3m), Wis.
Stats., will not increase allowable NOX
emission rates above current levels for
the affected combustion turbines. This
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
determination is based on looking at the
ROP and RACT emission limitations for
simple cycle combustion turbines under
the NR 428 NOX control program. As
shown in Table 2, the alternative
emission limits in s. 285.27 (3m), Wis.
Stats. are significantly more stringent
than the ROP emission limitations and
are equivalent to the applicable NOX
RACT emission limitations. The
combustion turbines in question at the
Paris facility have been subject to the
NOX RACT emission limitations since
May 2009. Therefore, as shown in Table
2, the alternative emission limitations
do not relax current allowable emission
requirements.
E:\FR\FM\30APR1.SGM
30APR1
Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations
24339
TABLE 2—COMPARISON OF EXISTING COMBUSTION TURBINE AND ALTERNATIVE NOX EMISSION LIMITS
Emission limitations @ 15% O2 on a 30-day rolling basis
Effective 2001
NR 428
ROP Limits 1
Natural Gas ..................................................................................
Distillate Oil ..................................................................................
s. 285.27 (3m)
Wis. Stats.
Alternative Limits
Effective 2009
NR 428
RACT Limits 2
75
110
25
65
25
65
1 ROP emission limitations for existing simple cycle combustion turbines larger than 85 MW are set forth in NR 428.05(3)(d)1. and 2., Wis.
Adm. Code.
2 RACT emission limitations for existing simple cycle combustion turbines larger than 85 MW are set forth in NR 428.22(1)(g)1.a. and b., Wis.
Adm. Code.
mstockstill on DSK4VPTVN1PROD with RULES
In conclusion, the WDNR established
more stringent NOX emission limits for
simple cycle combustion turbines in the
Milwaukee-Racine former
nonattainment area that undergo a major
modification than for other existing
simple cycle combustion turbines, but
subsequently determined that these
more stringent limits are not feasible for
the four existing combustion turbines to
which these limits will likely apply.
The Wisconsin legislature adopted s.
285.27 (3m), which became effective on
December 15, 2013, to allow these units
to meet the existing RACT limits instead
of the more stringent limits, if EPA
agrees in writing that equipping these
turbines with a DLN combustion system
is not technologically or that
economically feasible or a DLN
combustion system is not commercially
available from the manufacturer of the
combustion turbine.
III. What action is EPA taking?
For the reasons stated above, EPA is
approving Section 1. 285.27(3m), into
Wisconsin’s NOX SIP.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
State plan if relevant adverse written
comments are filed. This rule will be
effective June 30, 2014 without further
notice unless we receive relevant
adverse written comments by May 30,
2014. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
VerDate Mar<15>2010
16:04 Apr 29, 2014
Jkt 232001
or section of this rule and if that
provision is severed from the remainder
of the rule, EPA may adopt as final
those provisions of the rule that are not
the subject of an adverse comment. If we
do not receive any comments, this
action will be effective June 30, 2014.
IV. Statutory and Executive Order
Reviews
Under CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
CAA. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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);
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
• 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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 30, 2014. 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
E:\FR\FM\30APR1.SGM
30APR1
24340
Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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 oxides, Reporting and
recordkeeping requirements.
Dated: March 20, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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)(131) to read as
follows:
■
§ 52.2570
Identification of plan.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(c) * * *
(131) On February 24, 2014, the
Wisconsin Department of Natural
Resources submitted revisions to its
nitrogen oxide (NOX) combustion
turbine rule for the Milwaukee-Racine
former nonattainment area. This
revision is contained in ‘‘2013
Wisconsin Act 91—Senate Bill 371’’
which allows alternative NOX emission
requirements for simple cycle
combustion turbines, that undergo a
modification on or after February 1,
2001, if dry low NOX combustion is not
technically or economically feasible.
This revision is approvable because it
provides for alternative NOX
requirements subject to EPA approval
on a case-by-case basis and therefore
satisfies the reasonably available control
technology (RACT) requirements of the
Clean Air Act (Act).
(i) Incorporation by reference.
Wisconsin statute, Section 285.27 (3m),
Exemption from Standards for Certain
Combustion Turbines, as revised by
2013 Wisconsin Act 91 enacted
December 13, 2013. (A copy of 2013
VerDate Mar<15>2010
16:04 Apr 29, 2014
Jkt 232001
Wisconsin Act 91 is attached to Section
285.27(3m) to verify the enactment
date.)
[FR Doc. 2014–09724 Filed 4–29–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0002; FRL–9910–06–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Regional Haze State
Implementation Plan
Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, U.S. EPA, Region 3, (215)
814–2071, or by email at khadr.asrah@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. Public Comments and EPA Responses
III. Summary of Final Action
IV. Statutory and Executive Order Reviews
I. Background
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On January 26, 2012, EPA proposed a
limited approval of the Pennsylvania
regional haze SIP as meeting most of the
applicable requirements of sections
SUMMARY: The Environmental Protection 169A and 169B of the Clean Air Act
Agency (EPA) is reissuing its final
(CAA) and EPA’s implementing
limited approval of the Pennsylvania
regulations at 40 CFR 51.308–309
State Implementation Plan (SIP) to
(Regional Haze Rule) and 40 CFR 51,
implement the regional haze program
appendix Y (BART Guidelines). 77 FR
for the first planning period through
3984. In that same action, EPA proposed
2018. EPA originally finalized a limited to approve the Pennsylvania regional
approval of the Pennsylvania regional
haze SIP as meeting the infrastructure
haze SIP on July 13, 2012. In response
requirements of section 110(a)(2) of the
to a petition for review of that final
CAA relating to visibility protection for
action in the United States Court of
the 1997 8-hour ozone National
Appeals for the Third Circuit, EPA
Ambient Air Quality Standard (NAAQS)
successfully moved for a voluntary
and the 1997 and 2006 fine particulate
remand, without vacatur, to more
matter (PM2.5) NAAQS. EPA received
adequately respond to certain public
several adverse comments on its
comments. EPA is providing new
proposed limited approval, including
responses to those comments in this
comments from Earthjustice on behalf of
rulemaking notice.
Sierra Club, the National Parks
Conservation Association, and the Clean
DATES: This final rule is effective on
Air Council.
May 30, 2014.
In a separate but related action, EPA
ADDRESSES: EPA has established a
had previously proposed a limited
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0002. All disapproval of the Pennsylvania
regional haze SIP for relying on the
documents in the docket are listed in
Clean Air Interstate Rule (CAIR) 1 to
the www.regulations.gov Web site.
satisfy the best available retrofit
Although listed in the electronic docket,
technology (BART) requirement for
some information is not publicly
emissions of sulfur dioxide (SO2) and
available, i.e., confidential business
nitrogen oxides (NOX) from
information (CBI) or other information
Pennsylvania’s BART-eligible electric
whose disclosure is restricted by statute.
generating units (EGUs). 76 FR 82219. In
Certain other material, such as
that same action, EPA proposed a
copyrighted material, is not placed on
Federal Implementation Plan (FIP) that
the Internet and will be publicly
replaced Pennsylvania’s reliance on
available only in hard copy form.
CAIR with reliance on the Cross-State
Publicly available docket materials are
Air Pollution Rule (CSAPR).2
available either electronically through
www.regulations.gov or in hard copy for
1 CAIR required certain states, including
public inspection during normal
Pennsylvania, to reduce emissions of SO2 and NOX
business hours at the Air Protection
that significantly contribute to downwind
Division, U.S. Environmental Protection nonattainment of the 1997 NAAQS for ozone and
PM2.5. 70 FR 25162 (May 12, 2005).
Agency, Region III, 1650 Arch Street,
2 EPA promulgated CSAPR (76 FR 48208, August
Philadelphia, Pennsylvania 19103.
8, 2011) as a replacement to CAIR in response to
Copies of the Commonwealth’s
the United States Court of Appeals for the District
submittal are available at the
of Columbia Circuit’s decision in North Carolina v.
EPA, 531 F.3d 896 (D.C. Cir. 2008).
Pennsylvania Department of
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
E:\FR\FM\30APR1.SGM
30APR1
]]>Agencies
[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Rules and Regulations]
[Pages 24337-24340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09724]
[[Page 24337]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0206; FRL-9908-93-Region 5]
Approval and Promulgation of Implementation Plans; Wisconsin;
Nitrogen Oxide Combustion Turbine Alternative Control Requirements for
the Milwaukee-Racine Former Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On February 24, 2014, the Wisconsin Department of Natural
Resources (WDNR) submitted revisions to its nitrogen oxide
(NOX) combustion turbine rule for the Milwaukee-Racine
former nonattainment area. This revision is contained in ``2013
Wisconsin Act 91--Senate Bill 371'' which allows alternative
NOX emission requirements for simple cycle combustion
turbines that undergo a modification on or after February 1, 2001, if
dry low NOX combustion is not technically or economically
feasible. This revision is approvable because it provides for
alternative NOX requirements subject to Environmental
Protection Agency (EPA) approval on a case-by-case basis and therefore
satisfies the reasonably available control technology (RACT)
requirements of the Clean Air Act (CAA).
DATES: This direct final rule will be effective June 30, 2014, unless
EPA receives adverse comments by May 30, 2014. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO5-
OAR-2014-0206, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408-2279.
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0206. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in 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 Steven Rosenthal, Environmental
Engineer, at (312) 886-6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment Planning & Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052,
rosenthal.steven@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is the background for this action?
II. What are Wisconsin's NOX rule revisions and what is
EPA's analysis of the revisions?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
The WDNR established a stationary source NOX control
program in 2000 to meet rate-of-progress (ROP) requirements that are
applicable to the Milwaukee-Racine former nonattainment area under the
1990 1-hr ozone national ambient air quality standard (NAAQS). The
entire NOX control program consists of emission limits for
new sources, existing sources, and existing sources that undergo a
major modification. These NOX control requirements are set
forth in chapter NR 428, Wisconsin Administrative Code (NR 428). EPA
approved this NOX control program as part of Wisconsin's
ozone State implementation plan (SIP) on November 13, 2001, 66 FR
56931. Also, EPA approved RACT requirements, set forth in NR
428.22(1)(g)1.a and b., on March 24, 2010, 75 FR 14116.
The Milwaukee-Racine former nonattainment area was designated
attainment for the 1997 8-hr ozone NAAQS on February 9, 2012, 77 FR
6739. As part of the designation to attainment, a maintenance plan was
required that showed daily NOX emissions will not exceed
levels consistent with attainment. The NR 428 ROP and RACT
requirements, among other requirements, are part of this maintenance
plan.
Under the current SIP approved NR 428 NOX control
program, existing simple cycle combustion turbines larger than 84
megawatts (MW) that undergo a major modification after February 2001
must meet the emission limitations set forth in s. NR 428.04(2)(g)1.a.
and 2.a. This provision sets NOX emission limits of 12 or 25
parts per million dry volume (ppmdv) at 15% oxygen (O2), on
a 30-
[[Page 24338]]
day rolling basis, when firing natural gas or distillate oil,
respectively.
II. What are Wisconsin's NOX rule revisions and what is
EPA's analysis of the revisions?
The WDNR originally set the NOX emission limitations for
combustion turbines in NR 428.04(2)(g)1.a. and 2.a. based on the
assumption that dry low NOX (DLN) combustion technology was
both feasible and available for new and modified combustion turbines.
As previously stated, the emission limitations in NR 428.04(2)(g)1.a.
and 2.a. apply to simple cycle combustion turbines that are larger than
84 MW and undergo a major modification. There are only four existing
combustion turbines in the Milwaukee-Racine former nonattainment area
that may meet these criteria. These combustion turbines are the model
11N turbines that were manufactured by ASEA Brown-Boveri (ABB) and
operated by We Energies at its Paris generating facility.
In 2008, the WDNR conducted a best available control technology
(BACT) assessment for a set of ABB 11N combustion turbines operated by
We Energies at its Concord facility. This BACT analysis is applicable
to the NR 428 and alternative emission requirements as it applies to
the same model combustion turbine. In performing this top-down BACT
control analysis, selective catalytic reduction (SCR) was the most
effective control technology considered. However, the WDNR determined
that SCR was not cost-effective for BACT as the cost would likely
exceed 8,236 dollars per ton of controlled NOX. The analysis
also noted that the cost would likely be even higher due to
intermittent operating profiles and high flue gas temperatures
associated with simple cycle combustion turbines. After excluding SCR,
the analysis showed that the next best available technology is DLN
combustion technology. In this case, the WDNR determined that DLN was
not commercially available for the ABB 11N simple cycle combustion
turbines. After SCR and DLN, the Concord BACT analysis indicates that
the next best technology for the 11N ABB combustion turbines is water
injection. Therefore water injection was determined by the WDNR to be
BACT for the Concord simple cycle combustion turbines. Thus, the best
control technology available that is consistent with the intent of NR
428 in meeting ROP and RACT requirements is water injection for those
simple cycle combustion turbines for which DLN is not available.
The Wisconsin Legislature enacted Wisconsin statute s. 285.27 (3m)
on December 13, 2013 to establish different emission requirements for
simple cycle combustion turbines that are modified and that do not have
the necessary DLN combustion control technology available. Under the
proposed requirement, the affected combustion turbines must operate
water injection and meet NOX emission limits of 25 or 65
ppmdv at 15% O2, on a 30-day rolling basis, when firing
natural gas or distillate oil, respectively. The emission limitations
originally applicable under NR 428 for modified combustion turbines and
the alternative requirements enacted under s. 285.27 (3m), Wis. Stats.,
are compared in Table 1.
Table 1--NOX Emission Requirements for Simple Cycle Combustion Turbine >84 MW That Undergo a Major Modification
----------------------------------------------------------------------------------------------------------------
s. 285.27 (3m) Wis. Stats.
NR 428 Emission limits alternative requirements
----------------------------------------------------------------------------------------------------------------
Emission Limitations: \1\......
Natural Gas................ 12..................................... 25.
Distillate Oil................. 25..................................... 65.
Technology Requirement......... None Specified......................... Operation of Water Injection.
----------------------------------------------------------------------------------------------------------------
\1\ Emission limitations in parts per million dry volume @15% O2 on a 30-day rolling basis.
In order to be subject to the alternative requirements under s.
285.27 (3m), Wis. Stats., the owner/operator of the combustion turbine
must satisfactorily demonstrate that equipping the turbine with a DLN
combustion system is not technologically or economically feasible or
that a DLN combustion system is not commercially available from the
manufacturer of the combustion turbine and the owner/operator must
obtain a written confirmation of this demonstration from EPA.
Based on the use of water injection NOX control
technology, s. 285.27 (3m), Wis. Stats. sets forth emission limitations
of 25 or 65 ppmdv at 15% O2, on a 30-day rolling basis, when
firing natural gas or distillate oil, respectively. These emissions
limitations are appropriate for two reasons. First, these emission
limits are consistent with the Concord combustion turbines BACT
emission limits. Second, these are the same emission limitations for
using water injection in meeting RACT requirements under the NR 428
control program. These RACT requirements are set forth in NR
428.22(1)(g)1.a. and b., Wis. Adm. Code, and were approved by the WDNR
and EPA on March 24, 2010, 75 FR 14116.
The alternative emission requirements established in s. 285.27
(3m), Wis. Stats., will not increase allowable NOX emission
rates above current levels for the affected combustion turbines. This
determination is based on looking at the ROP and RACT emission
limitations for simple cycle combustion turbines under the NR 428
NOX control program. As shown in Table 2, the alternative
emission limits in s. 285.27 (3m), Wis. Stats. are significantly more
stringent than the ROP emission limitations and are equivalent to the
applicable NOX RACT emission limitations. The combustion
turbines in question at the Paris facility have been subject to the
NOX RACT emission limitations since May 2009. Therefore, as
shown in Table 2, the alternative emission limitations do not relax
current allowable emission requirements.
[[Page 24339]]
Table 2--Comparison of Existing Combustion Turbine and Alternative NOX Emission Limits
----------------------------------------------------------------------------------------------------------------
Emission limitations @ 15% O2 on a 30-day rolling basis
--------------------------------------------------------------------------
s. 285.27 (3m) Wis.
Effective 2001 NR 428 Effective 2009 NR 428 Stats. Alternative
ROP Limits \1\ RACT Limits \2\ Limits
----------------------------------------------------------------------------------------------------------------
Natural Gas.......................... 75 25 25
Distillate Oil....................... 110 65 65
----------------------------------------------------------------------------------------------------------------
\1\ ROP emission limitations for existing simple cycle combustion turbines larger than 85 MW are set forth in NR
428.05(3)(d)1. and 2., Wis. Adm. Code.
\2\ RACT emission limitations for existing simple cycle combustion turbines larger than 85 MW are set forth in
NR 428.22(1)(g)1.a. and b., Wis. Adm. Code.
In conclusion, the WDNR established more stringent NOX
emission limits for simple cycle combustion turbines in the Milwaukee-
Racine former nonattainment area that undergo a major modification than
for other existing simple cycle combustion turbines, but subsequently
determined that these more stringent limits are not feasible for the
four existing combustion turbines to which these limits will likely
apply. The Wisconsin legislature adopted s. 285.27 (3m), which became
effective on December 15, 2013, to allow these units to meet the
existing RACT limits instead of the more stringent limits, if EPA
agrees in writing that equipping these turbines with a DLN combustion
system is not technologically or that economically feasible or a DLN
combustion system is not commercially available from the manufacturer
of the combustion turbine.
III. What action is EPA taking?
For the reasons stated above, EPA is approving Section 1.
285.27(3m), into Wisconsin's NOX SIP.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective June 30, 2014
without further notice unless we receive relevant adverse written
comments by May 30, 2014. If we receive such comments, we will withdraw
this action before the effective date by publishing a subsequent
document that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on the
proposed action. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision is severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. If we do
not receive any comments, this action will be effective June 30, 2014.
IV. Statutory and Executive Order Reviews
Under CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of CAA. Accordingly, this action
merely approves state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by June 30, 2014. 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
[[Page 24340]]
such rule or action. Parties with objections to this direct final rule
are encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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 oxides, Reporting and
recordkeeping requirements.
Dated: March 20, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2570 is amended by adding paragraph (c)(131) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(131) On February 24, 2014, the Wisconsin Department of Natural
Resources submitted revisions to its nitrogen oxide (NOX)
combustion turbine rule for the Milwaukee-Racine former nonattainment
area. This revision is contained in ``2013 Wisconsin Act 91--Senate
Bill 371'' which allows alternative NOX emission
requirements for simple cycle combustion turbines, that undergo a
modification on or after February 1, 2001, if dry low NOX
combustion is not technically or economically feasible. This revision
is approvable because it provides for alternative NOX
requirements subject to EPA approval on a case-by-case basis and
therefore satisfies the reasonably available control technology (RACT)
requirements of the Clean Air Act (Act).
(i) Incorporation by reference. Wisconsin statute, Section 285.27
(3m), Exemption from Standards for Certain Combustion Turbines, as
revised by 2013 Wisconsin Act 91 enacted December 13, 2013. (A copy of
2013 Wisconsin Act 91 is attached to Section 285.27(3m) to verify the
enactment date.)
[FR Doc. 2014-09724 Filed 4-29-14; 8:45 am]
BILLING CODE 6560-50-P
