Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Alternative Monitoring Plan for Milton R. Young Station, 37157-37160 [2015-15533]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations
the Captain of the Port Lake Michigan
zone. This safety zone will encompass
all waters of Lake Macatawa in the
vicinity of Kollen Park within the arc of
a circle with a 1600-foot radius of a
center launch position at 42°47.440′ N.,
086°07.621′ W. (NAD 83). This zone
will be enforced from 10 p.m. until
11:50 p.m. on July 4, 2015. Should
inclement weather force a cancellation
of the fireworks on July 4, 2015, this
zone will be enforced from 10 p.m. until
11:50 p.m. on July 6, 2015.
All vessels must obtain permission
from the Captain of the Port Lake
Michigan, or the on-scene representative
to enter, move within, or exit the safety
zone. Requests must be made in
advance and approved by the Captain of
the Port before transits will be
authorized. Approvals will be granted
on a case by case basis. Vessels and
persons granted permission to enter the
safety zone must obey all lawful orders
or directions of the Captain of the Port
Lake Michigan or a designated
representative.
This document is issued under
authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety
zones in the Captain of the Port Lake
Michigan zone, and 5 U.S.C. 552(a). In
addition to this publication in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification for the enforcement
of this zone via Broadcast Notice to
Mariners or Local Notice to Mariners.
The Captain of the Port Lake Michigan
or an on-scene representative may be
contacted via Channel 16, VHF–FM.
Dated: June 16, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2015–16118 Filed 6–29–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
asabaliauskas on DSK5VPTVN1PROD with RULES
[EPA–R08–OAR–2015–0026; FRL–9928–81–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; North
Dakota; Alternative Monitoring Plan for
Milton R. Young Station
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a State
SUMMARY:
VerDate Sep<11>2014
16:01 Jun 29, 2015
Jkt 235001
Implementation Plan (SIP) revision
submitted by the State of North Dakota.
On April 8, 2013, the Governor of North
Dakota submitted to EPA an alternative
monitoring plan for Milton R. Young
Station (MRYS). The plan relates to
continuous opacity monitoring for Unit
1 at MRYS. The intended effect of this
action is to approve a state plan
established to address minimum
emission monitoring requirements. The
EPA is taking this action under section
110 of the Clean Air Act (CAA).
DATES: This rule is effective on August
31, 2015 without further notice, unless
EPA receives adverse comment by July
30, 2015. If adverse comment is
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–R08–
OAR–2015–0026, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• Email: Fallon.Gail@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Director, Air Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
• Hand Delivery: Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129. Such deliveries
are only accepted Monday through
Friday, 8:00 a.m. to 4:30 p.m., excluding
federal holidays. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2015–
0026. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
37157
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
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. For additional instructions on
submitting comments, go to Section I,
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the Air Program, EPA, Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. EPA
requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding federal holidays.
Gail
Fallon, Air Program, EPA, Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129, (303)
312–6218, Fallon.Gail@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
III. Revision in the April 8, 2013 Submittal
That Is the Subject of This Document
IV. EPA’s Analysis of SIP Revision
V. Consideration of Section 110(l) of the
Clean Air Act
VI. Final Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
E:\FR\FM\30JNR1.SGM
30JNR1
37158
Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations
I. General Information
asabaliauskas on DSK5VPTVN1PROD with RULES
A. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
a. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
b. Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
d. Describe any assumptions and
provide any technical information and/
or data that you used.
e. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
f. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
g. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
h. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
Sections 110(a)(2) and 110(l) of the
CAA require that a state provide
reasonable notice and public hearing
before adopting a SIP revision and
submitting it to us. To provide for
public comment, the North Dakota
Department of Health (NDDH), after
providing notice, offered to hold a
public hearing for the alternative
monitoring plan for MRYS Unit 1. No
one requested a public hearing so a
hearing was not conducted. No one
VerDate Sep<11>2014
16:01 Jun 29, 2015
Jkt 235001
provided comments on the plan.
Following the comment period and legal
review by the North Dakota Attorney
General’s Office, NDDH adopted the
alternative monitoring plan for MRYS
Unit 1 as a SIP revision on March 1,
2013. The Governor submitted the SIP
revision to EPA on April 8, 2013. EPA
acted separately on a portion of the
April 8, 2013 submittal that revised
Chapter 2, Section 2.15, Respecting
Boards. 78 FR 45866, July 30, 2013.
III. Revision in the April 8, 2013
Submittal That Is the Subject of This
Document
Minnkota Power Cooperative, Inc.
(Minnkota) currently operates MRYS
Unit 1, a coal-fired electric generating
unit located near Center, North Dakota.
Unit 1 was constructed in the late
1960’s and began operating in 1970.
Minnkota is required to continuously
monitor the opacity of emissions from
Unit 1 according to 40 CFR part 51,
appendix P, and North Dakota SIP
Chapter 8, Source Surveillance.
The revision in the April 8, 2013
submittal to be addressed in this
document included a revision to SIP
Chapter 8, Source Surveillance, to
provide an alternative monitoring plan
for MRYS Unit 1. In May 1977, NDDH
modified the permit to operate for Unit
1 requiring the installation and
operation of continuous opacity
monitoring (COM) equipment for
emissions at Unit 1, and the opacity has
been continuously monitored since the
compliance date of August 30, 1978.
In 2006, Minnkota entered into a
consent decree with NDDH and EPA to
settle allegations of noncompliance
under the Prevention of Significant
Deterioration Program. As part of this
settlement, Minnkota was required to
control sulfur dioxide emissions from
Unit 1. Minnkota has installed a wet
scrubber which treats all of the flue gas
from Unit 1 and achieves 95% reduction
of the inlet sulfur dioxide. However, the
large amount of moisture from the
scrubber has made monitoring of the
opacity in accordance with the
requirements of 40 CFR part 51,
appendix P, section 3.1.1 infeasible.
Specifically, water droplets contained in
the flue gas could potentially result in
the existing continuous opacity
monitor’s overstating the true opacity.
Because of this change in
circumstances, Minnkota requested
alternative monitoring requirements for
MRYS Unit 1 under 40 CFR part 51,
appendix P, sections 6.0 and 6.1. NDDH
agreed with Minnkota that such
alternative monitoring procedures and
requirements were warranted given that
the excess moisture in the stack from
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
the wet scrubber interferes with the
COM and makes the COM data
inaccurate. As a result, NDDH revised
SIP Chapter 8, ‘‘Source Surveillance,’’
Section 8.3, ‘‘Continuous Emission
Monitoring Requirements for Existing
Stationary Sources, including
amendments to Permits to Operate and
Department Order.’’ The revision
provided for a new Section 8.3.2,
‘‘Continuous Opacity Monitoring for
M.R. Young Station Unit 1 Main
Boiler.’’ This new section provides
alternative monitoring procedures and
requirements for MRYS Unit 1.
Under North Dakota Administrative
Code (NDAC) 33–15–03–01.2, MRYS
Unit 1 is subject to a 20% opacity limit,
except for one 6-minute period per hour
in which up to 40% opacity is allowed.
Without the scrubber, Minnkota was
able to comply with the 20% opacity
limit with limited exceedances. We
obtained monthly exceedance report
data from the State which indicate that
opacity readings greater than the 20%
standard occurred only 0.30 percent of
the time for the 2008 through 2010
three-year average.1 The State has
indicated that the addition of the wet
scrubber would be expected to reduce
visible emissions further.
Under the alternative monitoring
plan, Minnkota will ensure compliance
with the opacity limit through the use
of a continuous emissions monitoring
system (CEMS) for particulate matter
(PM) as well as periodic visible
emissions reading using test method 9
from 40 CFR part 60, appendix A.
Minnkota must comply with specific
monitoring, recordkeeping, and
reporting requirements of 40 CFR 60 as
listed in the alternative monitoring plan
in Section 8.3.2 for both the PM CEMS
and the visible emissions testing.
Among these requirements are:
1. Minnkota must conduct weekly
Method 9 tests for six consecutive
weeks during regular source operation.
If compliance with opacity is
demonstrated from the weekly tests,
Minnkota can begin conducting
monthly tests. If excess emissions are
identified, the tests revert to a weekly
frequency.
2. Minnkota must monitor the
filterable PM emission rate with PM
CEMS. The PM emission rate may not
exceed 0.052 lb/MMBtu (pounds per
one million British Thermal Units) (3hour average).
3. Minnkota must keep records of all
PM and visible emissions readings and
1 The State created a spreadsheet entitled, ‘‘Unit
1 Opacity Exceedances.xlsx,’’ with the exceedance
report data and this is included in the docket.
E:\FR\FM\30JNR1.SGM
30JNR1
Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations
must keep these records for at least five
years.
4. Minnkota must submit quarterly
excess emissions reports for both the
PM CEMS and visible emissions
readings. The reports must also list any
time periodic monitoring is not
conducted as outlined in Section 8.3.2.
Minnkota must also submit annual
certifications indicating compliance
with the visible emission limit.
Minnkota has developed a
Compliance Assurance Monitoring
(CAM) plan for PM in accordance with
40 CFR 64. The CAM plan indicates that
20% opacity occurs with a filterable PM
emission rate of 0.062 lb/MMBtu. The
alternative monitoring plan sets the
filterable PM emission limit at 0.052 lb/
MMBtu (3-hour average) with a 20%
visible emission limit (6-minute
average). The PM emission limit thus
allows for a modest safety margin when
compared to the 0.062 lb/MMBtu
emission rate. For the purposes of this
SIP revision, the PM CEMS is used only
for demonstrating compliance with the
visible emissions standard. This SIP
revision does not cover monitoring for
demonstrating compliance with the
particulate matter emission limit for this
unit.2
Once the SIP revision is approved by
EPA, NDDH will begin the procedures
required under NDAC 33–15–14–
06(6)(e) to modify the source’s Title V
permit by incorporating the alternative
monitoring requirements into the
permit. NDDH will then have the
authority to enforce the SIP revision like
any other permit condition.
asabaliauskas on DSK5VPTVN1PROD with RULES
IV. EPA’s Analysis of SIP Revision
We agree that the addition of the wet
scrubber at MRYS Unit 1 necessitates an
alternate means of demonstrating
opacity compliance, and that the wet
scrubber will further reduce visible
emissions from this unit. We have
evaluated the SIP revision that North
Dakota submitted for this purpose and
have determined that the State met the
requirements for reasonable notice and
public hearing under section 110(a)(2)
of the CAA. On October 8, 2013, by
operation of law under CAA section
110(k)(1)(B), the SIP revision was
deemed to have met the minimum
‘‘completeness’’ criteria found in 40
CFR part 51, appendix V.
2 For purposes of demonstrating compliance with
PM emissions, Minnkota is required to demonstrate
compliance with an emission limit of 0.03 lb/
MMBtu for MRYS Unit 1 based on annual stack
testing under a consent decree between EPA, the
State of North Dakota, Minnkota, and Square Butte
Electric Cooperative (Civil Action No. 1:06–CV–
034).
VerDate Sep<11>2014
16:01 Jun 29, 2015
Jkt 235001
We are also satisfied that this SIP
revision will ensure that Minnkota
complies with the requirements of 40
CFR 51.214 and 40 CFR part 51,
appendix P, to continuously monitor
opacity emissions, and that it will be
adequate to ensure that Minnkota
complies with the SIP opacity limits for
MRYS Unit 1. We reviewed the
alternative monitoring plan—in
particular, the PM emission limit of
0.052 lb/MMBtu (3-hour average)—in
conjunction with the CAM plan, and we
agree that this limit will ensure
equivalency of monitoring methods and
compliance with the opacity limit as
required by our regulations.
Furthermore, it is unlikely that the
opacity limits will be exceeded, as the
consent decree PM emission limit of
0.03 lb/MMBtu would be triggered
first.3
V. Consideration of Section 110(l) of the
Clean Air Act
Section 110(l) of the CAA states that
a SIP revision cannot be approved if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress towards attainment of the
National Ambient Air Quality Standards
(NAAQS) or any other applicable
requirements of the CAA. There are no
nonattainment areas in North Dakota.
The revision to SIP Chapter 8 regarding
the alternative monitoring plan for
MRYS Unit 1 adequately details
monitoring parameters, frequency of
monitoring, the PM emission limit,
recordkeeping, and reporting
requirements to ensure that the source
can comply with requirements to
continuously monitor opacity
emissions, and the revision will be
adequate to ensure that Minnkota
complies with the SIP opacity limits for
MRYS Unit 1. Therefore, this revision
does not interfere with attainment or
maintenance of the NAAQS or other
applicable requirements of the CAA.
VI. Final Action
EPA is approving a revision to the
North Dakota SIP that the Governor of
North Dakota submitted on April 8,
2013. Specifically, EPA is approving an
alternative monitoring plan for MRYS.
The plan relates to continuous opacity
monitoring for Unit 1 at MRYS. EPA
acted previously on a portion of the
April 8, 2013 submittal that revised
Chapter 2, Section 2.15, Respecting
Boards. 78 FR 45866, July 30, 2013.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
3 Id.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
37159
revision and anticipates no adverse
comments. However, in the Proposed
Rules section of today’s Federal
Register publication, EPA is publishing
a separate document that will serve as
the proposal to approve the SIP revision
if adverse comments are filed. This rule
will be effective August 31, 2015
without further notice unless the
Agency receives adverse comments by
July 30, 2015. If the EPA receives
adverse comments, EPA will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. EPA will
address all public comments in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
this action. Any parties interested in
commenting must 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 may be 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.
VII. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference the North
Dakota Department of Health rules
described in the amendments to 40 CFR
part 52 set forth below. The EPA has
made, and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
VIII. 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
E:\FR\FM\30JNR1.SGM
30JNR1
37160
Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations
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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 rule 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 August 31, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. 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
State
effective
date
Name of source
Nature of requirement
*
Milton R. Young Station
Unit 1.
*
*
*
Air pollution control permit to construct for best
available
retrofit
technology
(BART),
PTC10007.
SIP Chapter 8, Section 8.3.2, Continuous Opacity Monitoring for M.R. Young Station Unit 1
Main Boiler.
Milton R. Young Station
Unit 1.
*
*
*
*
2/23/10
3/1/13
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 9, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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.
Subpart JJ—North Dakota
2. In § 52.1820, the table in paragraph
(d) is amended by revising the second
entry under ‘‘Milton R. Young Station
Unit 1’’ and adding a new entry for
‘‘Milton R. Young Station Unit 1’’ to
read as follows:
■
§ 52.1820
*
Identification of plan.
*
*
(d) * * *
EPA approval date and
citation 3
*
*
4/6/12, 77 FR 20894.
*
Explanations
*
6/30/15, [Insert Federal
Register citation..
*
*
3 In
asabaliauskas on DSK5VPTVN1PROD with RULES
*
*
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
*
*
*
*
*
[FR Doc. 2015–15533 Filed 6–29–15; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:01 Jun 29, 2015
Jkt 235001
PO 00000
Frm 00026
Fmt 4700
Sfmt 9990
E:\FR\FM\30JNR1.SGM
30JNR1
]]>Agencies
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Rules and Regulations]
[Pages 37157-37160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15533]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2015-0026; FRL-9928-81-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
North Dakota; Alternative Monitoring Plan for Milton R. Young Station
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a State Implementation Plan (SIP) revision
submitted by the State of North Dakota. On April 8, 2013, the Governor
of North Dakota submitted to EPA an alternative monitoring plan for
Milton R. Young Station (MRYS). The plan relates to continuous opacity
monitoring for Unit 1 at MRYS. The intended effect of this action is to
approve a state plan established to address minimum emission monitoring
requirements. The EPA is taking this action under section 110 of the
Clean Air Act (CAA).
DATES: This rule is effective on August 31, 2015 without further
notice, unless EPA receives adverse comment by July 30, 2015. If
adverse comment is 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-R08-
OAR-2015-0026, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: Fallon.Gail@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday
through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays.
Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2015-0026. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or email. The https://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 https://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. For additional instructions on submitting
comments, go to Section I, General Information of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: All documents in the docket are listed in the https://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 https://www.regulations.gov or in hard copy at the Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129. EPA requests that if at all possible, you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard
copy of the docket. You may view the hard copy of the docket Monday
through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Gail Fallon, Air Program, EPA, Region
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado, 80202-1129,
(303) 312-6218, Fallon.Gail@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
III. Revision in the April 8, 2013 Submittal That Is the Subject of
This Document
IV. EPA's Analysis of SIP Revision
V. Consideration of Section 110(l) of the Clean Air Act
VI. Final Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
[[Page 37158]]
I. General Information
A. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
II. Background
Sections 110(a)(2) and 110(l) of the CAA require that a state
provide reasonable notice and public hearing before adopting a SIP
revision and submitting it to us. To provide for public comment, the
North Dakota Department of Health (NDDH), after providing notice,
offered to hold a public hearing for the alternative monitoring plan
for MRYS Unit 1. No one requested a public hearing so a hearing was not
conducted. No one provided comments on the plan. Following the comment
period and legal review by the North Dakota Attorney General's Office,
NDDH adopted the alternative monitoring plan for MRYS Unit 1 as a SIP
revision on March 1, 2013. The Governor submitted the SIP revision to
EPA on April 8, 2013. EPA acted separately on a portion of the April 8,
2013 submittal that revised Chapter 2, Section 2.15, Respecting Boards.
78 FR 45866, July 30, 2013.
III. Revision in the April 8, 2013 Submittal That Is the Subject of
This Document
Minnkota Power Cooperative, Inc. (Minnkota) currently operates MRYS
Unit 1, a coal-fired electric generating unit located near Center,
North Dakota. Unit 1 was constructed in the late 1960's and began
operating in 1970. Minnkota is required to continuously monitor the
opacity of emissions from Unit 1 according to 40 CFR part 51, appendix
P, and North Dakota SIP Chapter 8, Source Surveillance.
The revision in the April 8, 2013 submittal to be addressed in this
document included a revision to SIP Chapter 8, Source Surveillance, to
provide an alternative monitoring plan for MRYS Unit 1. In May 1977,
NDDH modified the permit to operate for Unit 1 requiring the
installation and operation of continuous opacity monitoring (COM)
equipment for emissions at Unit 1, and the opacity has been
continuously monitored since the compliance date of August 30, 1978.
In 2006, Minnkota entered into a consent decree with NDDH and EPA
to settle allegations of noncompliance under the Prevention of
Significant Deterioration Program. As part of this settlement, Minnkota
was required to control sulfur dioxide emissions from Unit 1. Minnkota
has installed a wet scrubber which treats all of the flue gas from Unit
1 and achieves 95% reduction of the inlet sulfur dioxide. However, the
large amount of moisture from the scrubber has made monitoring of the
opacity in accordance with the requirements of 40 CFR part 51, appendix
P, section 3.1.1 infeasible. Specifically, water droplets contained in
the flue gas could potentially result in the existing continuous
opacity monitor's overstating the true opacity.
Because of this change in circumstances, Minnkota requested
alternative monitoring requirements for MRYS Unit 1 under 40 CFR part
51, appendix P, sections 6.0 and 6.1. NDDH agreed with Minnkota that
such alternative monitoring procedures and requirements were warranted
given that the excess moisture in the stack from the wet scrubber
interferes with the COM and makes the COM data inaccurate. As a result,
NDDH revised SIP Chapter 8, ``Source Surveillance,'' Section 8.3,
``Continuous Emission Monitoring Requirements for Existing Stationary
Sources, including amendments to Permits to Operate and Department
Order.'' The revision provided for a new Section 8.3.2, ``Continuous
Opacity Monitoring for M.R. Young Station Unit 1 Main Boiler.'' This
new section provides alternative monitoring procedures and requirements
for MRYS Unit 1.
Under North Dakota Administrative Code (NDAC) 33-15-03-01.2, MRYS
Unit 1 is subject to a 20% opacity limit, except for one 6-minute
period per hour in which up to 40% opacity is allowed. Without the
scrubber, Minnkota was able to comply with the 20% opacity limit with
limited exceedances. We obtained monthly exceedance report data from
the State which indicate that opacity readings greater than the 20%
standard occurred only 0.30 percent of the time for the 2008 through
2010 three-year average.\1\ The State has indicated that the addition
of the wet scrubber would be expected to reduce visible emissions
further.
---------------------------------------------------------------------------
\1\ The State created a spreadsheet entitled, ``Unit 1 Opacity
Exceedances.xlsx,'' with the exceedance report data and this is
included in the docket.
---------------------------------------------------------------------------
Under the alternative monitoring plan, Minnkota will ensure
compliance with the opacity limit through the use of a continuous
emissions monitoring system (CEMS) for particulate matter (PM) as well
as periodic visible emissions reading using test method 9 from 40 CFR
part 60, appendix A. Minnkota must comply with specific monitoring,
recordkeeping, and reporting requirements of 40 CFR 60 as listed in the
alternative monitoring plan in Section 8.3.2 for both the PM CEMS and
the visible emissions testing. Among these requirements are:
1. Minnkota must conduct weekly Method 9 tests for six consecutive
weeks during regular source operation. If compliance with opacity is
demonstrated from the weekly tests, Minnkota can begin conducting
monthly tests. If excess emissions are identified, the tests revert to
a weekly frequency.
2. Minnkota must monitor the filterable PM emission rate with PM
CEMS. The PM emission rate may not exceed 0.052 lb/MMBtu (pounds per
one million British Thermal Units) (3-hour average).
3. Minnkota must keep records of all PM and visible emissions
readings and
[[Page 37159]]
must keep these records for at least five years.
4. Minnkota must submit quarterly excess emissions reports for both
the PM CEMS and visible emissions readings. The reports must also list
any time periodic monitoring is not conducted as outlined in Section
8.3.2. Minnkota must also submit annual certifications indicating
compliance with the visible emission limit.
Minnkota has developed a Compliance Assurance Monitoring (CAM) plan
for PM in accordance with 40 CFR 64. The CAM plan indicates that 20%
opacity occurs with a filterable PM emission rate of 0.062 lb/MMBtu.
The alternative monitoring plan sets the filterable PM emission limit
at 0.052 lb/MMBtu (3-hour average) with a 20% visible emission limit
(6-minute average). The PM emission limit thus allows for a modest
safety margin when compared to the 0.062 lb/MMBtu emission rate. For
the purposes of this SIP revision, the PM CEMS is used only for
demonstrating compliance with the visible emissions standard. This SIP
revision does not cover monitoring for demonstrating compliance with
the particulate matter emission limit for this unit.\2\
---------------------------------------------------------------------------
\2\ For purposes of demonstrating compliance with PM emissions,
Minnkota is required to demonstrate compliance with an emission
limit of 0.03 lb/MMBtu for MRYS Unit 1 based on annual stack testing
under a consent decree between EPA, the State of North Dakota,
Minnkota, and Square Butte Electric Cooperative (Civil Action No.
1:06-CV-034).
---------------------------------------------------------------------------
Once the SIP revision is approved by EPA, NDDH will begin the
procedures required under NDAC 33-15-14-06(6)(e) to modify the source's
Title V permit by incorporating the alternative monitoring requirements
into the permit. NDDH will then have the authority to enforce the SIP
revision like any other permit condition.
IV. EPA's Analysis of SIP Revision
We agree that the addition of the wet scrubber at MRYS Unit 1
necessitates an alternate means of demonstrating opacity compliance,
and that the wet scrubber will further reduce visible emissions from
this unit. We have evaluated the SIP revision that North Dakota
submitted for this purpose and have determined that the State met the
requirements for reasonable notice and public hearing under section
110(a)(2) of the CAA. On October 8, 2013, by operation of law under CAA
section 110(k)(1)(B), the SIP revision was deemed to have met the
minimum ``completeness'' criteria found in 40 CFR part 51, appendix V.
We are also satisfied that this SIP revision will ensure that
Minnkota complies with the requirements of 40 CFR 51.214 and 40 CFR
part 51, appendix P, to continuously monitor opacity emissions, and
that it will be adequate to ensure that Minnkota complies with the SIP
opacity limits for MRYS Unit 1. We reviewed the alternative monitoring
plan--in particular, the PM emission limit of 0.052 lb/MMBtu (3-hour
average)--in conjunction with the CAM plan, and we agree that this
limit will ensure equivalency of monitoring methods and compliance with
the opacity limit as required by our regulations. Furthermore, it is
unlikely that the opacity limits will be exceeded, as the consent
decree PM emission limit of 0.03 lb/MMBtu would be triggered first.\3\
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
V. Consideration of Section 110(l) of the Clean Air Act
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the CAA. There are no
nonattainment areas in North Dakota. The revision to SIP Chapter 8
regarding the alternative monitoring plan for MRYS Unit 1 adequately
details monitoring parameters, frequency of monitoring, the PM emission
limit, recordkeeping, and reporting requirements to ensure that the
source can comply with requirements to continuously monitor opacity
emissions, and the revision will be adequate to ensure that Minnkota
complies with the SIP opacity limits for MRYS Unit 1. Therefore, this
revision does not interfere with attainment or maintenance of the NAAQS
or other applicable requirements of the CAA.
VI. Final Action
EPA is approving a revision to the North Dakota SIP that the
Governor of North Dakota submitted on April 8, 2013. Specifically, EPA
is approving an alternative monitoring plan for MRYS. The plan relates
to continuous opacity monitoring for Unit 1 at MRYS. EPA acted
previously on a portion of the April 8, 2013 submittal that revised
Chapter 2, Section 2.15, Respecting Boards. 78 FR 45866, July 30, 2013.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial revision and anticipates no
adverse comments. However, in the Proposed Rules section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective August 31, 2015 without
further notice unless the Agency receives adverse comments by July 30,
2015. If the EPA receives adverse comments, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must 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 may be 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.
VII. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the North
Dakota Department of Health rules described in the amendments to 40 CFR
part 52 set forth below. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
VIII. 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
[[Page 37160]]
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
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 rule 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 August 31, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 9, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ--North Dakota
0
2. In Sec. 52.1820, the table in paragraph (d) is amended by revising
the second entry under ``Milton R. Young Station Unit 1'' and adding a
new entry for ``Milton R. Young Station Unit 1'' to read as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(d) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of source Nature of requirement effective EPA approval date Explanations
date and citation \3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Milton R. Young Station Unit 1.. Air pollution control 2/23/10 4/6/12, 77 FR 20894
permit to construct for
best available retrofit
technology (BART),
PTC10007.
Milton R. Young Station Unit 1.. SIP Chapter 8, Section 3/1/13 6/30/15, [Insert
8.3.2, Continuous Federal Register
Opacity Monitoring for citation..
M.R. Young Station Unit
1 Main Boiler.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
* * * * *
[FR Doc. 2015-15533 Filed 6-29-15; 8:45 am]
BILLING CODE 6560-50-P
