Approval and Promulgation of Implementation Plans; Louisiana; Regional Haze State Implementation Plan, 22936-22949 [2017-10108]
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Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Proposed Rules
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
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List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T13–0334 to read as
follows:
■
sradovich on DSK3GMQ082PROD with PROPOSALS
§ 100.T13–0334 Special Local Regulation;
Commencement Bay, Tacoma, WA
(a) Location. The special local
regulations found in paragraph (c) apply
in the following areas.
(1) Race Area. All waters of
Commencement Bay encompassed
within an imaginary line connecting the
following coordinates: Starting at point
1 in position 47°18′9.6″ N., 122°30′23.6″
W.; thence northeast to Point 2 in
position 47°18′15.2″ N., 122°30′14.4″
W.; thence east to Point 3 in position
47°18′15.2″ N., 122°28′46.7″ W.; thence
south to Point 4 in position 47°17′20.1″
N., 122°28′46.9″ W.; thence southwest to
Point 5 in position 47°17′5.5″ N.,
122°29′6.4″ W.; thence northwest back
to origin.
(2) Spectator Area. All waters of
Commencement Bay encompassed
within an imaginary line connecting the
following points: Starting at Point 1 in
position 47°18′15.2″ N., 122°28′46.7″
W.; thence east to Point 2 in position
47°17′20.1″ N., 122°28′46.9″ W.; thence
south to Point 3 in position 47°17′19.8″
N., 122°28′38.1″ W.; thence west to
Point 4 in position 47°18′15.5″ N.,
122°28′46.1″ W.; thence north back to
origin.
(b) Definitions. For the purpose of this
section the following definitions apply:
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Puget Sound
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(COTP) in the enforcement of the
regulated areas identified in paragraph
(a)(1) and (a)(2) of this section.
Patrol Vessel means any Coast Guard
vessel, Coast Guard Auxiliary vessel, or
other federal, state or local law
enforcement vessel.
(c) Special Local Regulations. (1) All
persons and vessels, except those
persons and vessels participating in the
high-speed water ski races, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the race area.
(2) All persons and vessels entering,
exiting, or moving within the spectator
area must operate at speeds, which will
create a minimum wake, and will not
exceed seven knots. The maximum
speed may be reduced at the discretion
of the Patrol Commander.
(3) A succession of sharp, short
signals by whistle or horn from a Patrol
Vessel will serve as a signal to stop.
Vessels signaled must stop and comply
with the orders of the Patrol Vessel.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(4) Persons and vessels desiring to
enter, transit through, anchor in, remain
within or transit in excess of wake
speed within any of the regulated areas
must contact the Captain of the Port
Puget Sound by telephone at (206) 217–
6002, or a designated representative via
VHF–FM radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Puget Sound or a
designated representative.
(d) Notice of Enforcement. The Coast
Guard will provide notice of the
enforcement of this Special Local
Regulation by all appropriate means to
ensure the widest dissemination among
the public, as practicable; such means of
notification may include but are not
limited to, Broadcast Notice to Mariners,
Local Notice to Mariners, and by onscene designated representatives.
(e) Enforcement Period. This rule is
effective from 9 a.m. to 6 p.m. on July
29, 31, and August 2, 2017, unless
cancelled sooner by the Captain of the
Port Puget Sound.
Dated: May 5, 2017.
B.C. McPherson,
CAPT, U.S. Coast Guard, Acting Commander,
Thirteenth Coast Guard District.
[FR Doc. 2017–10212 Filed 5–18–17; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0129; FRL–9961–28–
Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana;
Regional Haze State Implementation
Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve a portion of a
revision to the Louisiana State
Implementation Plan (SIP) submitted by
the State of Louisiana through the
Louisiana Department of Environmental
Quality (LDEQ) on February 10, 2017,
that addresses regional haze
requirements for the first planning
period. LDEQ submitted this SIP
revision to address deficiencies
identified by the EPA in a previous
action. The EPA is proposing to approve
the majority of the SIP revision, which
addresses the CAA requirement that
certain categories of existing major
stationary sources built between 1962
and 1977 procure and install the Best
Available Retrofit Technology (BART),
while deferring action on LDEQ’s BART
determination for a single facility.
Specifically, the EPA is proposing to
approve most of LDEQ’s BART
evaluations and conclusions for
Louisiana’s BART-eligible electric
generating unit (EGU) sources and to
approve LDEQ’s sulfur-dioxide (SO2)
and particulate-matter (PM) emission
limits for those sources that are subject
to BART. The EPA is also proposing to
approve Louisiana’s reliance on the
Cross-State Air Pollution Rule (CSAPR)
trading program for ozone-season
nitrogen oxides (NOX) as a permissible
alternative to source-specific NOX BART
emission limits. This action is being
taken under sections 110 and 169A of
the CAA.
DATES: Written comments must be
received on or before June 19, 2017.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2017–0129, at https://
www.regulations.gov or via email to R6_
LA_BART@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
SUMMARY:
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you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Jennifer Huser, huser.jennifer@
epa.gov. For the full EPA public
comment policy, information about CBI
or multimedia submissions, and general
guidance on making effective
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Jennifer Huser, 214–665–7347,
huser.jennifer@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Jennifer Huser or Mr.
Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
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Table of Contents
I. Background
A. The Regional Haze Program
B. Our Previous Actions on Louisiana
Regional Haze
C. CSAPR as an Alternative to SourceSpecific NOX BART
II. Our Evaluation of Louisiana’s BART
Analysis
A. Identification of BART-Eligible Sources
B. Evaluation of Which Sources Are
Subject to BART
C. Sources That Are No Longer in
Operation
D. Sources That Screened Out of BART
1. Visibility Impairment Threshold
2. Model Plant Analysis
3. CALPUFF Modeling To Screen Out
Sources
E. Subject to BART Sources
1. Reliance on CSAPR To Satisfy NOX
BART
2. Sources That Deferred a Five-Factor
Analysis Due to a Change in Operation
3. Louisiana’s Five-Factor Analyses for SO2
and PM BART
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a. Cleco Brame Energy Center
b. Entergy Little Gypsy
c. Entergy Ninemile Point
d. Entergy Waterford
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. The Regional Haze Program
Regional haze is visibility impairment
that is produced by a multitude of
sources and activities that are located
across a broad geographic area and emit
fine particulates (PM2.5) (e.g., sulfates,
nitrates, organic carbon (OC), elemental
carbon (EC), and soil dust), and their
precursors (e.g., sulfur dioxide (SO2),
nitrogen oxides (NOX), and in some
cases, ammonia (NH3) and volatile
organic compounds (VOCs)). Fine
particle precursors react in the
atmosphere to form PM2.5, which
impairs visibility by scattering and
absorbing light. Visibility impairment
reduces the clarity, color, and visible
distance that can be seen. PM2.5 can also
cause serious adverse health effects and
mortality in humans; it also contributes
to environmental effects such as acid
deposition and eutrophication.
Data from the existing visibility
monitoring network, ‘‘Interagency
Monitoring of Protected Visual
Environments’’ (IMPROVE), shows that
visibility impairment caused by air
pollution occurs virtually all the time at
most national parks and wilderness
areas. In 1999, the average visual range
in many Class I areas (i.e., national
parks and memorial parks, wilderness
areas, and international parks meeting
certain size criteria) in the western
United States was 100–150 kilometers,
or about one-half to two-thirds of the
visual range that would exist without
anthropogenic air pollution. In most of
the eastern Class I areas of the United
States, the average visual range was less
than 30 kilometers, or about one-fifth of
the visual range that would exist under
estimated natural conditions. CAA
programs have reduced some hazecausing pollution, lessening some
visibility impairment and resulting in
partially improved average visual
ranges.
CAA requirements to address the
problem of visibility impairment
continue to be implemented. In Section
169A of the 1977 Amendments to the
CAA, Congress created a program for
protecting visibility in the nation’s
national parks and wilderness areas.
This section of the CAA establishes as
a national goal the prevention of any
future, and the remedying of any
existing, man-made impairment of
visibility in 156 national parks and
wilderness areas designated as
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mandatory Class I Federal areas. On
December 2, 1980, EPA promulgated
regulations to address visibility
impairment in Class I areas that is
‘‘reasonably attributable’’ to a single
source or small group of sources, i.e.,
‘‘reasonably attributable visibility
impairment.’’ These regulations
represented the first phase in addressing
visibility impairment. EPA deferred
action on regional haze that emanates
from a variety of sources until
monitoring, modeling, and scientific
knowledge about the relationships
between pollutants and visibility
impairment were improved.
Congress added section 169B to the
CAA in 1990 to address regional haze
issues, and EPA promulgated
regulations addressing regional haze in
1999. The Regional Haze Rule revised
the existing visibility regulations to add
provisions addressing regional haze
impairment and established a
comprehensive visibility protection
program for Class I areas. The
requirements for regional haze, found at
40 CFR 51.308 and 51.309, are included
in our visibility protection regulations at
40 CFR 51.300–309. The requirement to
submit a regional haze SIP applies to all
50 states, the District of Columbia, and
the Virgin Islands. States were required
to submit the first implementation plan
addressing regional haze visibility
impairment no later than December 17,
2007.
Section 169A of the CAA directs
states to evaluate the use of retrofit
controls at certain larger, often undercontrolled, older stationary sources in
order to address visibility impacts from
these sources. Specifically, section
169A(b)(2)(A) of the CAA requires states
to revise their SIPs to contain such
measures as may be necessary to make
reasonable progress toward the natural
visibility goal, including a requirement
that certain categories of existing major
stationary sources built between 1962
and 1977 procure, install and operate
the ‘‘Best Available Retrofit
Technology’’ (BART). Larger ‘‘fossil-fuel
fired steam electric plants’’ are one of
these source categories. Under the
Regional Haze Rule, states are directed
to conduct BART determinations for
‘‘BART-eligible’’ sources that may be
anticipated to cause or contribute to any
visibility impairment in a Class I area.
The evaluation of BART for electric
generating units (EGUs) that are located
at fossil-fuel fired power plants having
a generating capacity in excess of 750
megawatts must follow the ‘‘Guidelines
for BART Determinations Under the
Regional Haze Rule’’ at appendix Y to
40 CFR part 51 (hereinafter referred to
as the ‘‘BART Guidelines’’). Rather than
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requiring source-specific BART
controls, states also have the flexibility
to adopt an emissions trading program
or other alternative program as long as
the alternative provides for greater
progress towards improving visibility
than BART.
B. Our Previous Actions on Louisiana
Regional Haze
On June 13, 2008, Louisiana
submitted a SIP to address regional haze
(2008 Louisiana Regional Haze SIP or
2008 SIP revision). We acted on that
submittal in two separate actions. Our
first action was a limited disapproval 1
because of deficiencies in the state’s
regional haze SIP submittal arising from
the remand by the U.S. Court of Appeals
for the District of Columbia of the Clean
Air Interstate Rule (CAIR). Our second
action was a partial limited approval/
partial disapproval 2 because the 2008
SIP revision met some but not all of the
applicable requirements of the CAA and
our regulations as set forth in sections
169A and 169B of the CAA and 40 CFR
51.300–308, but as a whole, the 2008
SIP revision strengthened the SIP. On
August 11, 2016, Louisiana submitted a
SIP revision to address the deficiencies
related to BART for four non-EGU
facilities. We proposed to approve that
revision on October 27, 2016.3 On
February 10, 2017, Louisiana submitted
a SIP revision intended to address the
deficiencies related to BART for EGU
sources (2017 Louisiana Regional Haze
SIP or 2017 SIP revision), a portion of
which is the subject of this proposed
action.
C. CSAPR as an Alternative to SourceSpecific NOX BART
In 2005, the EPA published CAIR,
which required 28 states and the District
of Columbia to reduce emissions of SO2
and NOX that significantly contribute to
or interfere with maintenance of the
1997 national ambient air quality
standards (NAAQS) for fine particulates
and/or 8-hour ozone in any downwind
state.4 EPA demonstrated that CAIR
would achieve greater reasonable
progress toward the national visibility
goal than would BART; and therefore,
states could rely on CAIR as an
alternative to EGU BART for SO2 and
NOX.5
Louisiana’s 2008 Regional Haze SIP
relied on participation in CAIR as an
alternative to meeting the sourcespecific EGU BART requirements for
SO2 and NOX.6 Shortly after Louisiana
submitted its SIP to us, however, the
D.C. Circuit remanded CAIR (without
vacatur).7 The court thereby left CAIR
and CAIR Federal Implementation Plans
(FIPs) in place in order to ‘‘temporarily
preserve the environmental values
covered by CAIR’’ until we could, by
rulemaking, replace CAIR consistent
with the court’s opinion.8 In 2011, we
promulgated the Cross-State Air
Pollution Rule (CSAPR) to replace
CAIR.9 While EGUs in Louisiana were
required to participate in CAIR for both
SO2 and NOX, Louisiana EGUs are only
included in CSAPR for ozone-season
NOX.10
In 2012, we issued a limited
disapproval of Louisiana’s and several
other states’ regional haze SIPs because
of reliance on CAIR as an alternative to
EGU BART for SO2 and/or NOX.11 We
also determined that CSAPR would
provide for greater reasonable progress
than BART and amended the Regional
Haze Rule to allow CSAPR participation
as an alternative to source-specific SO2
and/or NOX BART for EGUs, on a
pollutant-specific basis.12 Because
Louisiana EGUs are included in CSAPR
for NOX, Louisiana can rely on CSAPR
better than BART for NOX. However,
Louisiana’s regional haze program must
include source-by-source EGU BART
demonstrations for all other visibility
impairing pollutants, namely, SO2 and
PM.
CSAPR has been subject to extensive
litigation, and on July 28, 2015, the D.C.
Circuit issued a decision generally
upholding CSAPR but remanding
without vacating the CSAPR emissions
budgets for a number of states.13 We are
in the process of responding to the
remand of these CSAPR budgets. On
October 26, 2016, we finalized an
update to the CSAPR rule that addresses
the 1997 ozone NAAQS portion of the
remand and the CAA requirements
addressing interstate transport for the
2008 ozone NAAQS.14 Additionally,
three states, Alabama, Georgia, and
South Carolina, have adopted or
committed to adopt SIPs to replace the
remanded FIPs and will continue the
states’ participation in the CSAPR
program on a voluntary basis with the
same budgets. On November 10, 2016,
we proposed a rule intended to address
the remainder of the court’s remand as
it relates to Texas.15 This separate
proposed rule includes an assessment of
the impacts of the set of actions that the
EPA has taken or expects to take in
response to the D.C. Circuit’s remand on
our 2012 demonstration that
participation in CSAPR provides for
greater reasonable progress than BART.
Based on that assessment, the EPA
proposed that states may continue to
rely on CSAPR as being better than
BART on a pollutant-specific basis.
II. Our Evaluation of Louisiana’s BART
Analysis
A. Identification of BART-Eligible
Sources
In our partial disapproval and partial
limited approval of the 2008 Louisiana
Regional Haze SIP, we approved LDEQ’s
identification of 76 BART-eligible
sources.16 Table 1 lists the EGU sources
that were identified in the 2008
Louisiana Regional Haze SIP submittal
as BART-eligible.
TABLE 1—IDENTIFICATION OF BART-ELIGIBLE EGU SOURCES
Facility name
Units
Cleco Rodemacher/Brame ...................................................................................
Nesbitt I (Unit 1), Rodemacher II (Unit
2).
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1 77
FR 33642 (June 7, 2012).
FR 39425 (July 3, 2012).
3 81 FR 74750 (October 27, 2016).
4 70 FR 25161 (May 12, 2005).
5 70 FR 39104, 39139 (July 6, 2005).
6 See 40 CFR 51.308(e)(4) (2006).
7 The court decided to vacate CAIR on July 11,
2008, and revised its decision, so as to remand the
rule without vacatur, on December 23, 2008. North
Carolina v. EPA, 531 F.3d 896, 901 (D.C. Cir. 2008),
modified, 550 F.3d 1176 (D.C. Cir. 2008).
2 77
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Louisiana’s initial Regional Haze SIP was submitted
on June 13, 2008. 77 FR 39425.
8 550 F.3d at 1178.
9 76 FR 48207 (August 8, 2011).
10 76 FR 82219, at 82226 (December 30, 2011).
11 The limited disapproval triggered the EPA’s
obligation to issue a FIP or approve a SIP revision
to correct the relevant deficiencies within 2 years
of the final limited disapproval action. CAA section
110(c)(1); 77 FR 33642, at 33654 (August 6, 2012).
12 While that rulemaking also promulgated FIPs
for several states to replace reliance on CAIR with
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Parish
Rapides.
reliance on CSAPR as an alternative to BART, it did
not include a FIP for Louisiana. 77 FR 33642,
33654.
13 Louisiana’s ozone season NO budgets were
X
not included in the remand. EME Homer City
Generation v. EPA, 795 F.3d 118, 138 (D.C. Cir.
2015).
14 81 FR74504 (October 26, 2016).
15 81 FR 78954 (November 10, 2016).
16 See 77 FR 11839 at 11848 (February 28, 2012).
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TABLE 1—IDENTIFICATION OF BART-ELIGIBLE EGU SOURCES—Continued
Facility name
Units
Parish
Cleco Teche .........................................................................................................
Entergy Sterlington ...............................................................................................
Entergy Michoud ..................................................................................................
Entergy Waterford ................................................................................................
Entergy Willow Glen .............................................................................................
Entergy Ninemile Point .........................................................................................
Entergy Nelson * ...................................................................................................
Entergy Little Gypsy .............................................................................................
Louisiana Generating (NRG) Big Cajun I ............................................................
Louisiana Generating (NRG) Big Cajun II ...........................................................
Louisiana Energy and Power Authority Plaquemine Steam Plant ......................
Louisiana Energy and Power Authority Morgan City Steam Plant ......................
City of Ruston—Ruston Electric Generating Plant ..............................................
Lafayette Utilities System Louis ‘‘Doc’’ Bonin Electric Generating Station .........
Terrebonne Parish Consolidated Government Houma Generating Station ........
City of Natchitoches Utility Department ...............................................................
Unit 3 ....................................................
Unit 7 ....................................................
Units 2 and 3 ........................................
Units 1, 2, and auxiliary boiler ..............
Units 2, 3, 4, 5, auxiliary boiler .............
Units 4 and 5 ........................................
Units 4, 6, and auxiliary boiler ..............
Units 2, 3, and auxiliary boiler ..............
Units 1 and 2 ........................................
Units 1 and 2 ........................................
Boilers 1 and 2 .....................................
Units 1, 2, 3, and 4 boilers ...................
Boilers 1, 2, and 3 ................................
Units 1, 2, and 3 ...................................
Units 15 and 16 ....................................
3 boilers ................................................
St. Mary.
Ouachita.
Orleans.
St. Charles.
Iberville.
Jefferson.
Calcasieu.
St. Charles.
Point Coupee.
Point Coupee.
Iberville.
St. Mary/St. Martin.
Lincoln.
Lafayette.
Terrebonne.
Natchitoches.
* We are not acting on BART determinations for Entergy Nelson in this action. We will address BART for Entergy Nelson in a future
rulemaking.
B. Evaluation of Which Sources Are
Subject to BART
Because Louisiana’s 2008 Regional
Haze SIP relied on CAIR as better than
BART for EGUs, the submittal did not
include a determination of which
BART-eligible EGUs were subject to
BART. On May 19, 2015, we sent CAA
Section 114 letters to several BARTeligible sources in Louisiana. In those
letters, we noted our understanding that
the sources were actively working with
LDEQ to develop a SIP. However, in
order to be in a position to develop a
FIP should that be necessary, we
requested information regarding the
BART-eligible sources. The Section 114
letters required sources to conduct
modeling to determine if the sources
were subject to BART, and included a
modeling protocol. The letters also
requested that a BART analysis be
performed in accordance with the BART
Guidelines for those sources determined
to be subject to BART. We worked
closely with those BART-eligible
facilities and with LDEQ to this end,
and all the information we received
from the facilities was also sent to
LDEQ. As a result, the LDEQ submitted
a revised SIP submittal on February 10,
2017, that evaluates BART-eligible
EGUs in the State and provides a BART
determination for each such source for
all visibility impairing pollutants except
NOX. This proposal addresses the entire
2017 Louisiana Regional Haze SIP, but
for the portion concerning one BARTeligible EGU facility, specifically the
Entergy Nelson facility. We will propose
action on the Entergy Nelson portion of
the SIP at a later date. We note that
Louisiana unintentionally omitted
discussion of two BART-eligible
facilities in its 2017 Louisiana Regional
Haze SIP: Terrebonne Parish
Consolidated Government Houma
Generating Station and Louisiana
Energy and Power Authority
Plaquemine Steam Plant. We will
address these two sources in the model
plant analysis section below.
C. Sources That Are No Longer in
Operation
Several sources that were identified as
BART-eligible have since retired from
operation, rendering them no longer
subject to the requirements of the
Regional Haze Rule. For the units
identified in the Table 2, the LDEQ
provided documentation supporting
permit rescissions to make these
retirements permanent and
enforceable.17
TABLE 2—RETIRED SOURCES
Units
Louisiana Energy and Power Authority, Morgan City Steam Plant .....................
City of Ruston, Ruston Electric Generating Plant ................................................
City of Natchitoches Utility Department ...............................................................
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Facility name
Units 1, 2, 3, and 4 boilers ...................
Boilers 1, 2, and 3 ................................
3 boilers ................................................
In addition, Entergy Michoud Units 2
and 3 were identified as BART-eligible,
but are no longer in operation. By letter
dated August 10, 2016, Entergy System
Operating Committee elected to
permanently retire Michoud Units 2 and
3, effective June 1, 2016. This action
was described in detail through a permit
application to the state. As of the time
of this proposal, LDEQ has not yet
finalized that permit. The 2017
Louisiana Regional Haze SIP includes
the Air Permit Briefing Sheet that
confirms Entergy’s request to remove
Units 2 and 3 from the permit.18 We
propose to approve the SIP based on the
draft permit, and note that we expect
the proposed permit removing Units 2
and 3 to be final before we take final
action to approve this portion of the
2017 Louisiana Regional Haze SIP.
Alternatively, LDEQ could submit
17 See Appendix E of the 2017 Louisiana Regional
Haze SIP for supporting documentation and the
TSD for this action for additional information.
Parish
18 See Appendix D of the 2017 Louisiana Regional
Haze SIP.
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St. Mary/St. Martin.
Lincoln.
Natchitoches.
another enforceable document to ensure
that Units 2 and 3 cannot restart without
a BART analysis and emission limits, or
demonstrate the units have been
deconstructed to the point that they
cannot restart without obtaining a new
NSR permit, making them not
operational during the timeframe for
BART eligibility.
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D. Sources That Screened Out of BART
Once a list of BART-eligible sources
still in operation within a state has been
compiled, the state must determine
whether to make BART determinations
for all of them or to consider exempting
some of them from BART because they
are not reasonably anticipated to cause
or contribute to any visibility
impairment in a Class I area. The BART
Guidelines present several options that
rely on modeling analyses and/or
emissions analyses to determine if a
source is not reasonably anticipated to
cause or contribute to visibility
impairment in a Class I area. A source
that is not reasonably anticipated to
cause or contribute to any visibility
impairment in a Class I area is not
‘‘subject to BART,’’ and for such
sources, a state need not apply the five
statutory factors to make a BART
determination.19 Those sources are
determined to be not subject to BART.
Sources that are reasonably anticipated
to cause or contribute to any visibility
impairment in a Class I area are subject
to BART.20 For each source subject to
BART, 40 CFR 51.308(e)(1)(ii)(A)
requires that the LDEQ identify the level
of control representing BART after
considering the factors set out in CAA
section 169A(g)(2). To determine which
sources are anticipated to contribute to
visibility impairment, the BART
Guidelines state ‘‘you can use CALPUFF
or other appropriate model to estimate
the visibility impacts from a single
source at a Class I area.’’ 21
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1. Visibility Impairment Threshold
The preamble to the BART Guidelines
advises that, ‘‘for purposes of
determining which sources are subject
to BART, States should consider a 1.0
deciview 22 change or more from an
individual source to ‘cause’ visibility
impairment, and a change of 0.5
deciviews to ‘contribute’ to
impairment.’’ 23 It further advises that
‘‘States should have discretion to set an
appropriate threshold depending on the
facts of the situation,’’ and describes
situations in which states may wish to
exercise that discretion, mainly in
situations in which a number of sources
19 See 40 CFR part 51, Appendix Y, III, How to
Identify Sources ‘‘Subject to BART’’.
20 Id.
21 See 40 CFR part 51, Appendix Y, III, How to
Identify Sources ‘‘Subject to BART’’.
22 As we note in the Regional Haze Rule (64 FR
35725, July 1, 1999), the ‘‘deciview’’ or ‘‘dv’’ is an
atmospheric haze index that expresses changes in
visibility. This visibility metric expresses uniform
changes in haziness in terms of common increments
across the entire range of visibility conditions, from
pristine to extremely hazy conditions.
23 70 FR 39104, 39120 (July 6, 2005), [40 CFR part
51, Appendix Y].
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in an area are all contributing fairly
equally to the visibility impairment of a
Class I area. In Louisiana’s 2008
Regional Haze SIP submittal, the LDEQ
used a contribution threshold of 0.5 dv
for determining which sources are
subject to BART, and we approved this
threshold in our previous action.24 The
2017 SIP revision includes a full five
factor BART determination for each of
the State’s BART-eligible EGUs whose
visibility impacts exceed the 0.5 dv
threshold.
2. Model Plant Analysis
As part of our development of the
BART Guidelines, we developed
analyses of model plants with
representative plume and stack
characteristics for both EGU and nonEGU sources using the CALPUFF
model.25 As we discuss in the BART
Guidelines,26 based on those analyses,
we believe that sources that emit less
than 1,000 tons per year of NOX and SO2
and that are located more than 100 km
from any Class I area can be exempted
from the BART determination. The
BART Guidelines note that the model
plant concept can be extended using
additional modeling analyses to ratios of
emission levels and distances other than
1,000 tons/100 km. The BART
Guidelines explain that: ‘‘you may find
based on representative plant analyses
that certain types of sources are not
reasonably anticipated to cause or
contribute to visibility impairment. To
do this, you may conduct your own
modeling to establish emission levels
and distances from Class I areas on
which you can rely to exempt sources
with those characteristics.’’ 27 Modeling
analyses of representative plants are
used to reflect groupings of specific
sources with important common
characteristics.
As we mention above, we note that
Louisiana unintentionally omitted
discussion of two BART-eligible
facilities in its 2017 Louisiana Regional
Haze SIP: Terrebonne Parish
Consolidated Government Houma
Generating Station (Houma) and
Louisiana Energy and Power Authority
Plaquemine Steam Plant (Plaquemine).
However, Louisiana’s 2008 Regional
Haze SIP submittal identified these two
sources as BART-eligible, and we
approved the inclusion of these two
24 See,
77 FR 11839, 11849 (February 28, 2012).
Analysis in Support of the June 2005
Changes to the Regional Haze Rule, U.S.
Environmental Protection Agency, June 15, 2005,
Docket No. OAR–2002–0076.
26 70 FR 39119 (July 6, 2005).
27 70 FR 39163 (July 6, 2005).
25 CALPUFF
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sources on that list in 2012.28 The LDEQ
has indicated that it inadvertently failed
to address whether these two sources
are subject to BART in the 2017
Regional Haze SIP. These two sources
were included in its 2008 Regional Haze
SIP, but Louisiana relied on CAIR better
than BART coverage for these sources
when they adopted their 2008 SIP.
Therefore, we have evaluated these two
sources based on available information
to determine whether they are subject to
BART. We are not relying on the 1000
tpy/100 km model plant approach but
are instead relying on existing modeling
included in the 2008 Louisiana Regional
Haze SIP as being a representative plant
analysis for the purpose of establishing
emission levels and distances to exempt
BART-eligible sources. Specifically, the
2008 Louisiana Regional Haze SIP
included review of CALPUFF modeling
of a source owner, Valero, which
demonstrated that Valero’s BARTeligible sources do not cause or
contribute to visibility impairment at
the nearby Class I area, Breton National
Wildlife Refuge (Breton). The Valero
plant is representative (similar stack
height and parameters) of the Houma
and Plaquemine sources and can
therefore be relied on in a model plant
analysis to demonstrate that, based on
baseline emissions and distance to the
Class I area, the Houma and Plaquemine
sources are not anticipated to cause or
contribute to visibility impairment at
Breton and are therefore not subject to
BART.29 We analyzed the ratio of
visibility impairing pollutants, denoted
as ‘Q’ (NOX, SO2, and PM–10 in tons/
year) 30 to the distance, denoted as ‘D’
(distance of source to Breton in km). For
example, if two sources were similar but
one has a lower Q/D value, the lower
ratio value (either due to lower
emissions and/or greater distance)
would be expected to have smaller
visibility impacts at Breton. The Q/D
ratio for Houma and Plaquemine are
significantly lower compared to Valero’s
ratio (See Table 3). The Q/D ratios of
Houma are approximately 20% of
Valero’s, and Plaquemine’s ratio is less
than 10% of Valero’s Q/D ratio, and
modeled impacts of the Valero source
were less than the 0.5 dv threshold.
28 See Appendix E of the 2008 Louisiana RH SIP
contained in the docket for the rulemaking at: 77
FR 11839, 11848.
29 See 40 CFR part 51 Appendix Y.
30 To calculate Q, the maximum 24-hr emissions
for NOX, SO2 and PM from the 2000–2004 baseline
were identified for each BART-eligible unit at a
source (See Table 9.3 of the 2008 Louisiana RH
SIP). Emissions are not paired in time (i.e. max 24hour NOX emissions value would not usually be on
the same day as max 24-hour SO2 emissions). The
sum of these daily max NOX, PM and SO2 emissions
were summed and then multiplied by 365 days.
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Therefore, the data demonstrates that
visibility impacts from the BARTeligible units at Houma and Plaquemine
are reasonably anticipated to be less
than the modeled impacts from Valero
and less than the 0.5 dv threshold to
screen out. See the CALPUFF Modeling
TSD for additional discussion of the
model plant analysis.
We also note that on December 11,
2015, the Lafayette Utilities System
Louis ‘‘Doc’’ Bonin Generating Station
advised our Clean Air Markets Division
that: Unit 1 last operated on June 22,
2011, and was put into cold storage on
June 1, 2013; Unit 2 last operated on
July 5, 2013, and was put into cold
storage on June 29, 2014; and Unit 3 last
operated on August 27, 2013, and was
put into cold storage on June 24, 2014.
The Midcontinent Independent System
Operator (MISO) is currently conducting
a study to predict the future use of these
unit(s) for peaking purposes. If it is
determined that these units are no
longer necessary to facilitate electrical
power generation, they will be retired.31
However, at this time Lafayette Utilities
System has not yet submitted a request
to rescind the permit for the Louis
‘‘Doc’’ Bonin Electric Generating
Station. Because placing the units in
cold storage is not a permanent and
enforceable closure under the Regional
Haze requirements, we included Louis
‘‘Doc’’ Bonin in our model plant
analysis. The Q/D ratio for Louis ‘‘Doc’’
Bonin is significantly lower compared
to Valero’s Q/D ratio (See Table 3). The
ratio is less than 40% of Valero’s ratio
and modeled impacts of the Valero
source were less than the 0.5 dv
threshold, which demonstrates that
visibility impairment from the BARTeligible units at Louis ‘‘Doc’’ Bonin are
reasonably anticipated to be less than
the modeled impacts from Valero and
below the 0.5 dv threshold to screen
out. The model plant analysis
demonstrates that, based on baseline
emissions, the source is not anticipated
to cause or contribute to visibility
impairment of any Class I area, and is
therefore not subject to BART. See the
CALPUFF Modeling TSD for additional
discussion of the model plant analysis.
Because the modeling results
demonstrate that Louis ‘‘Doc’’ Bonin is
not subject to BART, we propose to
approve this portion of the 2017
Louisiana Regional Haze SIP.
TABLE 3—MODEL PLANT Q/D RATIOS
NOX
(TPY)
Facility
Terrebonne Parish Consolidated Government
Houma Generating Station ...............................
Louisiana
Energy
and
Power
Authority
Plaquemine Steam Plant ..................................
Lafayette Utilities System Louis ‘‘Doc’’ Bonin
Electric Generating Station ..............................
Valero ...................................................................
Based on the results of this analysis,
we propose that the BART-eligible
sources identified in Table 4 are not
SOX
(TPY)
Facility
emissions
(TPY)
PM
(TPY)
Distance to
Breton
(km)
Max
percentile
Delta DV
Q/D
(TPY/km)
909.8
3.65
7.3
930.75
165
5.64
492.75
0
0
492.75
227.1
2.17
2993
1876
7.3
1091
109.5
401.5
3109.8
3368.5
298.9
139.3
10.04
24.18
reasonably anticipated to cause or
contribute to the visibility impairment
0.484
at a Class I area and are not subject to
BART.
TABLE 4—SOURCES SCREENED OUT USING MODEL PLANT ANALYSIS
Units
Louisiana Energy and Power Authority Plaquemine Steam Plant ..........................................
Lafayette Utilities System Louis ‘‘Doc’’ Bonin Electric Generating Station .............................
Terrebonne Parish Consolidated Government Houma Generating Station ...........................
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Facility Name
Boilers 1 and 2 ..............................................
Units 1, 2, and 3 ............................................
Units 15 and 16 .............................................
3. CALPUFF Modeling To Screen Out
Sources
Some sources were modeled directly
with CALPUFF to determine whether
the BART-eligible source causes or
contributes to visibility impairment in
nearby Class I areas. The maximum 98th
percentile impact from the modeled
years (calculated based on annual
average natural background conditions)
was compared with the 0.5 dv screening
threshold following the modeling
protocol described in the CALPUFF
Modeling TSD. The BART Guidelines
recommend that states use the 24-hour
average actual emission rate from the
highest emitting day of the
meteorological period modeled, unless
31 See Appendix E of the 2017 Louisiana Regional
Haze SIP.
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this rate reflects periods of start-up,
shutdown, or malfunction. The
maximum 24-hour emission rate (lb/hr)
for NOX and SO2 from the initial
baseline period (with the noted
difference for Big Cajun II discussed
below) for each source was identified
through a review of the daily emission
data for each BART-eligible unit from
EPA’s Air Markets Program Data.32 See
the CALPUFF Modeling TSD for
additional discussion and model results
for this portion of the screening
analysis.
As previously discussed, LDEQ
submitted its initial Regional Haze SIP
in 2008 and relied on CAIR as a
substitute for BART for SO2 and NOX for
32 https://ampd.epa.gov/ampd/.
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Parish
Iberville.
Lafayette.
Terrebonne.
all of its BART-eligible EGUs. Due to
reliance on CAIR, that SIP submittal did
not include a determination of which
BART-eligible EGUs were subject to
BART. EPA’s limited disapproval of
Louisiana’s Regional Haze SIP due to
the State’s reliance on CAIR revived
Louisiana’s obligation to provide a SIP
to fully address EGU BART.33 While
Louisiana’s 2017 Regional Haze SIP
revision relies on CSAPR for EGU BART
for NOX, it does not provide an
alternative to source-by-source EGU
BART for SO2 and PM. Therefore,
Louisiana’s 2017 Regional Haze SIP
revision included modeling of the
impacts of the 24-hour maximum
emission rate during the 2000–2004
33 77
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baseline period (with the noted
exception of Big Cajun II discussed
below) of all visibility-impairing
pollutants from all BART-eligible units
at the facility. BART-eligible sources
with visibility impacts above the 0.5 dv
threshold are subject to BART.
The Big Cajun II Power Plant is a coalfired power station owned and operated
by Louisiana Generating, LLC, (a
subsidiary of NRG Energy). In our prior
action on the 2008 Regional Haze SIP
submittal, we approved Louisiana’s
determination that Big Cajun II has two
BART-eligible units, Unit 1 and Unit
2.34 Unit 1 is a coal-fired unit, and Unit
2 was formerly a coal-fired unit but is
now a gas-fired unit. The LDEQ’s
screening modeling for Big Cajun II
accounted for current operating
conditions at the facility. The modeling
analysis was conducted using the
current enforceable short term emission
limits from the facility that reflect
controls installed after the 2008
Regional Haze SIP submittal.
On March 6, 2013, Louisiana
Generating entered a consent decree
(CD) with EPA, the LDEQ, and others to
resolve a complaint filed against
Louisiana Generating for several
violations of the CAA at Big Cajun II.
U.S. et al v. Louisiana Generating, LLC,
Civil Action No. 09–100–JJB–RLB (M.D.
La.). Among other things, the CD
requires Louisiana Generating to refuel
Big Cajun II Unit 2 to natural gas, and
install and continuously operate dry
sorbent injection (DSI) at Big Cajun II
Unit 1 while maintaining a 30-day
rolling average SO2 emission rate of no
greater than 0.380 lb/MMBtu by no later
than April 15, 2015.35 Prior to the
submittal of the 2017 Regional Haze SIP,
the LDEQ and Louisiana Generating
entered into an Agreed Order on
Consent (AOC) that made these existing
control requirements and maximum
daily emission limits permanent and
enforceable for BART. The AOC is
included in Louisiana’s 2017 SIP
revision. Thus, if the EPA finalizes its
proposed approval of this portion of the
SIP submittal, the control requirements
and emission limits will become
permanent and federally enforceable for
purposes of regional haze. As these
controls were not installed to meet
BART requirements, and existing
enforceable emission limits for Units 1
and 2 prevent the source from emitting
at levels seen during the 2000–2004
baseline, LDEQ’s screening modeling in
the 2017 Regional Haze SIP submittal
utilizes the current daily emission limits
for these units in the AOC as
representative of the anticipated 24-hr
maximum emissions for screening
modeling purposes. LDEQ’s modeling
demonstrates that, based on these
existing controls and enforceable
emission limits, Big Cajun II contributes
less than 0.5 dv at all impacted Class I
areas, and therefore the facility is not
subject to BART.
It should be noted that in addition to
requiring DSI, the applicable
enforcement CD requires Louisiana
Generating to retire, refuel, repower, or
retrofit Big Cajun II Unit 1 by no later
than April 1, 2025. Louisiana
Generating must notify us of which
option it will select to comply with this
condition no later than December 31,
2022, and any option taken would
produce significantly fewer emissions.36
With the use of CALPUFF modeling
results, Louisiana concluded, and we
are proposing to agree, that the facilities
listed in Table 5 have visibility impacts
of less than 0.5 dv,37 and therefore, are
not subject to BART:
TABLE 5—SOURCES WITH VISIBILITY IMPACT OF LESS THAN 0.5 dv
Facility name
Units
Cleco Teche .........................................................................................................
Entergy Sterlington ...............................................................................................
Louisiana Generating (NRG) Big Cajun I ............................................................
Louisiana Generating (NRG) Big Cajun II ...........................................................
Unit 3 ....................................................
Unit 7 ....................................................
Units 1 and 2 ........................................
Units 1 and 2 ........................................
E. Subject to BART Sources
With the use of CALPUFF modeling
results as discussed above, Louisiana
concluded, and we are proposing to
agree, that the facilities listed in Table
6 have visibility impacts greater than 0.5
dv. These facilities are therefore subject
to BART and must undergo a five-factor
Parish
St. Mary.
Ouachita.
Point Coupee.
Pointe Coupee.
analysis. See the CALPUFF Modeling
TSD for our review of CALPUFF
modeling in the 2017 Louisiana
Regional Haze SIP.
TABLE 6—SUBJECT TO BART SOURCES ADDRESSED IN THIS PROPOSAL
Facility name
Units
Cleco Rodemacher/Brame ...................................................................................
Nesbitt I (Unit 1), Rodemacher II (Unit
2).
Units 1, 2, and auxiliary boiler ..............
Units 2, 3, 4, 5, and auxiliary boiler .....
Units 4 and 5 ........................................
Units 2, 3, and auxiliary boiler ..............
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Entergy
Entergy
Entergy
Entergy
Waterford ................................................................................................
Willow Glen .............................................................................................
Ninemile Point .........................................................................................
Little Gypsy .............................................................................................
Parish
Rapides.
St. Charles.
Iberville.
Jefferson.
St. Charles.
We note that in addition to the
CALPUFF modeling included in the
2017 Louisiana Regional Haze SIP
submittal, the results of CAMx modeling
performed by Trinity consultants was
included in the submittal as additional
screening analyses 38 that purport to
demonstrate that the baseline visibility
impacts from Cleco Brame and a
34 See TSD Table 6 in the Rulemaking Docket
numbered EPA–R06–OAR–2008–0510.
35 CD paragraph 62 in the docket for this
rulemaking.
36 CD paragraph 63 in the docket for this
rulemaking.
37 In our previous action on Louisiana Regional
Haze, we approved Louisiana’s selection of 0.5 dv
as the threshold for screening out BART-eligible
sources. See 77 FR 11839, 11848.
38 See October 10, 2016 Letter from Cleco
Corporation to Vivian Aucoin and Vennetta Hayes,
LDEQ, RE: Cleco Corporation Louisiana BART
CAMx Modeling, included in Appendix B of the
2017 Louisiana Regional Haze SIP submittal; CAMx
Modeling Report, prepared for Entergy Services by
Trinity Consultants, Inc. and All 4 Inc, October 14,
2016, included in Appendix D of the 2017
Louisiana Regional Haze SIP submittal.
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number of the Entergy sources 39 are
significantly less than the 0.5 dv
threshold established by Louisiana.
However, this modeling was not
conducted in accordance with the BART
Guidelines and a previous modeling
protocol developed for the use of CAMx
modeling for BART screening (EPA,
Texas and FLM representatives
approved),40 41 and does not properly
assess the maximum baseline impacts.
Therefore, we agree with LDEQ’s
decision to not rely on this CAMx
modeling, but rather rely on the
CALPUFF modeling for BART
determinations.42 We provide a detailed
discussion of our review of this CAMx
modeling in the CAMx Modeling TSD.
We also note that for the largest
emission sources, those with coal-fired
units, we performed our own CAMx
modeling following the BART
Guidelines and consistent with
previously agreed techniques and
metrics of the Texas CAMx BART
screening protocol to provide additional
information on visibility impacts and
impairment and address possible
concerns with utilizing CALPUFF to
assess visibility impacts at Class I areas
located farther from the emission
sources. See the CAMx Modeling TSD
for additional information on EPA’s
CAMx modeling protocol, inputs, and
model results.
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1. Reliance on CSAPR To Satisfy NOX
BART
Louisiana’s 2017 Regional Haze SIP
submittal relies on CSAPR better than
BART for NOX for EGUs. We propose to
find that the NOX BART requirements
for EGUs in Louisiana will be satisfied
39 Entergy’s CAMx modeling included model
results for Michoud, Little Gypsy, R.S. Nelson,
Ninemile Point, Willow Glen, and Waterford.
40 Texas had over 120 BART-eligible facilities
located at a wide range of distances to the nearest
class I areas in their original Regional Haze SIP. Due
to the distances between sources and Class I areas
and the number of sources, Texas worked with EPA
and FLM representatives to develop a modeling
protocol to conduct BART screening of sources
using CAMx photochemical modeling. Texas was
the only state that screened sources using CAMx
and had a protocol developed for how the modeling
was to be performed and what metrics had to be
evaluated for determining if a source screened out.
See Guidance for the Application of the CAMx
Hybrid Photochemical Grid Model to Assess
Visibility Impacts of Texas BART Sources at Class
I Areas, ENVIRON International, December 13,
2007, available in the docket for this action.
41 EPA, the Texas Commission on Environmental
Quality (TCEQ), and FLM representatives verbally
approved the approach in 2006 and in email
exchange with TCEQ representatives in February
2007 (see email from Erik Snyder (EPA) to Greg
Nudd of TCEQ Feb. 13, 2007 and response email
from Greg Nudd to Erik Snyder Feb. 15, 2007,
available in the docket for this action).
42 See Response to Comments in Appendix A of
the 2017 Louisiana Regional Haze SIP submittal.
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by our determination, proposed for
separate finalization, that Louisiana’s
participation in CSAPR’s ozone-season
NOX program is a permissible
alternative to source-specific NOX
BART. We cannot finalize this portion
of the proposed SIP approval unless and
until we finalize the proposed finding
that CSAPR continues to be better than
BART 43 because finalization of that
proposal provides the basis for
Louisiana to rely on CSAPR
participation as an alternative to sourcespecific EGU BART for NOX.
2. Sources That Deferred a Five-Factor
Analysis Due to a Change in Operation
Entergy operates five BART-eligible
units at the Willow Glen Electric
Generating Plant (Willow Glen) in
Iberville Parish, Louisiana, all of which
burn natural gas. Unit 2 is an EGU boiler
with a maximum heat input capacity of
2,188 MMBtu/hr. Unit 3 is an EGU
boiler with a maximum heat input
capacity of 5,900 MMBtu/hr. Unit 4 is
an EGU boiler with a maximum heat
input capacity of 5,400 MMBtu/hr. Unit
5 is an EGU boiler with a maximum heat
input capacity of 5,544 MMBtu/hr. Unit
3 also has an auxiliary boiler with a
maximum heat input capacity of 206
MMBtu/hr, which is itself BARTeligible. All of these units are also
permitted to burn fuel oil, but none has
done so in several years. Entergy has no
operational plans to burn oil at these
units in the future. Entergy’s analysis,
included in the 2017 Louisiana Regional
Haze SIP Appendix D, addresses BART
for the natural-gas-firing scenario and
does not consider emissions from fueloil firing. Entergy’s analysis states that
if conditions change such that it
becomes economic to burn fuel oil, the
facility will submit a five-factor BART
analysis for the fuel-oil firing scenario to
Louisiana to be submitted to us as a SIP
revision. Until such a SIP revision is
approved, the 2017 Louisiana Regional
Haze SIP precludes fuel-oil combustion
at the Willow Glen facility. To make the
prohibition on fuel-oil usage at Willow
Glen enforceable, Entergy and LDEQ
entered an AOC, included in the SIP
that establishes the following
requirement:
Before fuel oil firing is allowed to take
place at Units 2, 3, 4, 5, and the auxiliary
boiler at the Facility, a revised BART
determination must be promulgated for SO2
and PM for the fuel oil firing scenario
through a FIP or an action by the LDEQ as
a SIP revision and approved by EPA such
43 81
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22943
that the action will become federally
enforceable.44
With our final approval of this portion
of the SIP submittal, the conditions in
the AOC will become federally
enforceable for purposes of regional
haze. We propose to find that this
approach is adequate to address
BART.45
With regard to BART requirements for
the gas-firing scenario, SO2 and PM
emissions for the gas-only fired units
that are subject to BART are inherently
low,46 and are so minimal that the
installation of any additional PM or SO2
controls on these units would likely
achieve very small emissions reductions
and have minimal visibility benefits. As
there are no appropriate add-on controls
and the status quo reflects the most
stringent controls, we propose to agree
with Louisiana that SO2 and PM BART
is no additional controls for the Willow
Glen units when burning natural gas.
3. Louisiana’s Five-Factor Analyses for
SO2 and PM BART
In determining BART, the state must
consider the five statutory factors in
section 169A of the CAA: (1) The costs
of compliance; (2) the energy and nonair quality environmental impacts of
compliance; (3) any existing pollution
control technology in use at the source;
(4) the remaining useful life of the
source; and (5) the degree of
improvement in visibility which may
reasonably be anticipated to result from
the use of such technology. See also 40
CFR 51.308(e)(1)(ii)(A). All units that
are subject to BART must undergo a
BART analysis. The BART Guidelines
break the analysis down into five
steps: 47
STEP 1—Identify All Available Retrofit
Control Technologies,
STEP 2—Eliminate Technically Infeasible
Options,
STEP 3—Evaluate Control Effectiveness of
Remaining Control Technologies,
STEP 4—Evaluate Impacts and Document
the Results, and
44 See AOC in Appendix D of the 2017 Louisiana
Regional Haze SIP submittal.
45 Under the AOC, if any of the five units at
Willow Glen decides to burn fuel oil, Entergy will
complete a BART analysis for each pollutant for the
fuel oil firing scenario and submit the analysis to
the State. Upon receiving Entergy’s submission
indicating that the units intend to switch to fuel oil,
the State will submit a SIP revision with BART
determinations for the fuel oil firing scenario for the
units intending to switch to fuel oil. The sources
will not begin to burn fuel oil until we have
approved the submitted SIP revision containing the
BART determinations.
46 AP 42, Fifth Edition, Volume 1, Chapter 1:
External Sources, Section 1.4, Natural Gas
Combustion, available here: https://www3.epa.gov/
ttn/chief/ap42/ch01/final/c01s04.pdf.
47 70 FR 39103, 39164 (July 6, 2005) [40 CFR 51,
App. Y].
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STEP 5—Evaluate Visibility Impacts.
As mentioned previously, we
disapproved portions of Louisiana’s
2008 Regional Haze SIP due to the
state’s reliance on CAIR as an
alternative to source-by-source BART
for EGUs.48 Following our limited
disapproval, LDEQ worked closely with
the BART-eligible facilities and with us
to revise its Regional Haze SIP, which
resulted in the submittal of its 2017
Regional Haze SIP. The 2017 SIP
submittal includes, among other things,
a five-factor BART analysis for each
subject to BART source for PM and SO2.
Louisiana’s 2017 Regional Haze SIP
relies on CSAPR participation as an
alternative to source-specific EGU BART
for NOX. In evaluating the State’s 2017
SIP revision, we reviewed each BART
analysis for SO2 and PM for each subject
to BART source and other relevant
information provided in the 2017
Regional Haze SIP submittal.
a. Cleco Brame Energy Center
The Cleco Brame Energy Center
includes two units that are subject to
BART. Nesbitt 1 (Brame Unit 1) is a 440megawatt (MW) EGU boiler that burns
natural gas and is not equipped with
any air pollution controls. Rodemacher
2 (Brame Unit 2) is a 523 MW wall-fired
EGU boiler that burns Powder River
Basin (PRB) coal. Cleco submitted a
BART screening analysis to us and
LDEQ on August 31, 2015, and a BART
five-factor analysis dated October 31,
2015, revised April 14, 2016 and April
18, 2016 in response to an information
request.49 These analyses were adopted
and incorporated into Louisiana’s 2017
Regional Haze SIP (Appendix B).
sradovich on DSK3GMQ082PROD with PROPOSALS
Nesbitt 1
Nesbitt 1 is currently permitted to
burn natural gas and oil. However, this
unit has not burned oil in the recent
past. LDEQ did not conduct a five-factor
BART analysis for Nesbitt 1, concluding
that ‘‘SO2 BART controls are satisfied
through the conversion to natural
gas.’’ 50 The preamble to the BART
Guidelines states: 51
Consistent with the CAA and the
implementing regulations, States can adopt a
more streamlined approach to making BART
determinations where appropriate. Although
BART determinations are based on the
totality of circumstances in a given situation,
such as the distance of the source from a
Class I area, the type and amount of pollutant
48 77
FR 33642.
Stenger, Section 114(a) Information
Request letter to Darren Olagues (Cleco), May 19,
2015.
50 See Cleco BART Analysis in Appendix B of the
2017 Louisiana Regional Haze SIP.
51 70 FR 39116.
49 Wren
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at issue, and the availability and cost of
controls, it is clear that in some situations,
one or more factors will clearly suggest an
outcome. Thus, for example, a State need not
undertake an exhaustive analysis of a
source’s impact on visibility resulting from
relatively minor emissions of a pollutant
where it is clear that controls would be costly
and any improvements in visibility resulting
from reductions in emissions of that
pollutant would be negligible. In a scenario,
for example, where a source emits thousands
of tons of SO2 but less than one hundred tons
of NOX, the State could easily conclude that
requiring expensive controls to reduce NOX
would not be appropriate.
SO2 and PM emissions from gas-fired
units are inherently low,52 so the
installation of any additional PM or SO2
controls on this unit would likely
achieve very small emissions reductions
and have minimal visibility benefits.
Before burning fuel oil at this unit,
Cleco has committed to submit a fivefactor BART analysis for the fuel-oilfiring scenario to Louisiana to be
submitted to us as a SIP revision, and
fuel oil combustion will not take place
until our final approval of that SIP
revision. To make the prohibition on
fuel-oil usage at this unit enforceable,
Cleco and LDEQ entered an AOC that
establishes enforceable limits,
consistent with the exclusive use of
natural gas, of 3.0 lb/hr SO2 and 37.3 lb/
hr PM10 on 30-day rolling averages and
a limitation on Nesbitt 1 analogous to
the limitation for Willow Glen
discussed previously.53 This AOC is
included in Louisiana’s 2017 SIP
revision. With our final approval of this
portion of the 2017 SIP submittal and
the AOC, that limitation will become
federally enforceable for purposes of
Regional Haze. We propose to find this
approach adequate to meet BART.
Rodemacher 2
As the 2017 Louisiana Regional Haze
SIP indicates,54 recent pollution control
upgrades at Rodemacher 2 include:
• Low-NOX burners (LNB) installed in
2008;
• Low-sulfur coal combustion starting in
2009;
• Selective non-catalytic reduction (SNCR)
installed in 2014; and
• DSI, activated carbon injection (ACI),
and a fabric filter baghouse installed in 2015.
In assessing SO2 BART, Cleco
considered the five BART factors we
discuss above. In assessing feasible
control technologies and their
52 AP 42, Fifth Edition, Volume 1, Chapter 1:
External Sources, Section 1.4, Natural Gas
Combustion, available here: https://www3.epa.gov/
ttn/chief/ap42/ch01/final/c01s04.pdf.
53 See AOC in Appendix B of the 2017 Louisiana
Regional Haze SIP.
54 See BART Analysis in Appendix B of the 2017
Louisiana Regional Haze SIP.
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effectiveness, Cleco considered an
enhancement to the existing DSI system,
dry scrubbing (spray dry absorption, or
SDA), and wet scrubbing (wet flue gas
desulfurization, or wet FGD). In
considering enhanced DSI, Cleco relied
upon on-site testing it had conducted to
determine the performance potential of
an enhanced DSI system. The testing
was conducted to evaluate the
effectiveness of the DSI system to
control hydrochloric acid for
compliance with the Mercury and Air
Toxics Standards (MATS), but the
continuous emissions monitor system
(CEMS) was operating and capturing
SO2 emissions data during the test,
which provided the necessary
information to determine the control
efficiency of DSI and enhanced DSI for
SO2.55 As a result of this testing, Cleco
determined that the current and
enhanced DSI systems have SO2
removal efficiencies of approximately
39% and 63%, respectively, with the
enhanced DSI system being capable of
meeting a monthly SO2 emission limit
of 0.30 lbs/MMBtu. Cleco secured this
limit as part of the same AOC referenced
above for the Nesbitt 1. Cleco also
assessed SDA and wet FGD as being
capable of meeting emission limits of
0.06 and 0.04 lbs/MMBtu, respectively.
In considering the costs of compliance
for these controls, Cleco concluded that
the enhanced DSI system would not
require any additional capital expenses,
but would require additional operating
costs due to the need for additional
sorbent (trona). Cleco didn’t specifically
address the energy impacts and non-air
quality impacts of enhanced DSI, but we
conclude that any considerations
regarding these factors would be very
minimal over the already installed DSI
system. Cleco also assessed the costs
associated with installing and operating
SDA and wet FGD, as discussed below.
In regards to energy impacts and non-air
quality impacts, Cleco concluded that
wet FGD poses certain water and waste
disposal problems over SDA. Cleco
concluded that remaining useful life
was not an important factor for any of
the control scenarios.
In assessing visibility impacts, the
state’s submittal included CALPUFF
modeling evaluating the visibility
benefits of DSI, enhanced DSI, SDA, and
wet FGD. We summarize the results of
that modeling in Table 7.
55 See the April 5, 2016 letter to Guy Donaldson
from Bill Matthews in our docket.
56 DSI modeled at 0.41 lb/MMBtu, DSI and fabric
filter are already installed and operational.
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TABLE 7—ANTICIPATED VISIBILITY BENEFIT DUE TO CONTROLS ON CLECO RODEMACHER UNIT 2
[CALPUFF, 98th percentile]
Visibility benefit of controls over baseline
(dv)
Baseline
impact
(dv)
Class I area
Breton ...................................................................................
Caney Creek ........................................................................
Enhanced DSI achieves benefits of
approximately 0.092 dv at Breton and
0.037 dv at Caney Creek Wilderness
(Caney Creek) over DSI and benefits of
0.226 dv at Breton and 0.122 dv at
Caney Creek over the baseline
impairment. The visibility benefits of
SDA and wet FGD exceed the benefits
from enhanced DSI by approximately
0.2 dv at Caney Creek and Breton.
We also performed our own CAMx
modeling analysis for Cleco
Rodemacher Unit 2 following the BART
Guidelines to evaluate the maximum
DSI 56
0.724
0.734
Enhanced
DSI
0.134
0.085
baseline visibility impacts and potential
benefits from two levels of controls, DSI
at 0.41 lb/MMBtu and wet FGD at 0.04
lb/MMBtu, to supplement the CALPUFF
modeling. As discussed above,
Louisiana relied on CALPUFF modeling
to inform BART determinations
consistent with the BART Guidelines.
However, the use of CALPUFF is
typically used for distances less than
300–400 km. The Cleco Brame source is
located 352 km from Caney Creek and
422 km from Breton. CAMx provides a
SDA
0.226
0.122
0.436
0.311
WFGD
0.445
0.322
scientifically validated platform for
assessment of visibility impacts over a
wide range of source-to-receptor
distances. CAMx is also more suited
than some other modeling approaches
for evaluating the impacts of SO2, NOX,
VOC, and PM emissions as it has a more
robust chemistry mechanism than
CALPUFF. Our CAMx Modeling TSD
provides a detailed description of the
modeling protocol, model inputs, and
model results, the latter of which is
summarized in Table 8.
TABLE 8—ANTICIPATED VISIBILITY BENEFIT DUE TO CONTROLS ON CLECO RODEMACHER UNIT 2
[CAMX]
Baseline
impact
(dv)
(maximum)
Class I area
sradovich on DSK3GMQ082PROD with PROPOSALS
Breton .......................................................
Caney Creek ............................................
Baseline
impact
(dv)
(average top
ten impacted
days)
0.713
2.051
The CAMx-modeled visibility benefits
of WFGD are 0.212 dv at Breton and
0.119 dv at Caney Creek over those from
DSI for the most impacted day.
Examining the top ten impacted days
during the baseline period, the average
benefit on this set of days of WFGD over
DSI is 0.154 dv at Breton and 0.188 dv
at Caney Creek. As enhanced DSI would
reduce SO2 emissions from an emission
rate of 0.41 lb/MMBtu to 0.3 lb/MMBtu,
enhanced DSI would lead to greater
visibility benefits than DSI. Thus, the
visibility benefits of WFGD compared to
enhanced DSI would be smaller than
those discussed above.
As explained in our TSD, we
identified some uncertainties with
Cleco’s BART analysis for Rodemacher
2. These include a lack of
documentation for cost figures, and the
fact that the DSI testing that Cleco relied
on was not intended to evaluate DSI for
SO2 control efficiency, which caused
Visibility benefit of controls over
baseline (dv) maximum impact
0.315
1.005
DSI 57
WFGD
0.187
0.119
some uncertainty concerning the
potential control level of DSI and
enhanced DSI. However, because DSI
and a fabric filter baghouse are already
installed and operational, the costeffectiveness of Cleco’s enhanced DSI is
based only on the cost of the additional
reagent and no additional capital costs
are involved. Consequently, we believe
that the uncertainty of Cleco’s enhanced
DSI cost-effectiveness figures is low and
that Cleco’s estimated cost-effectiveness
of $967/ton 59 is reasonable. Conversely,
we believe that significant uncertainty
exists with respect to Cleco’s costeffectiveness estimates for SDA and wet
FGD—$8,589/ton and $5,580/ton,
respectively. Based on our experience
reviewing and conducting control cost
analyses for many other facilities, we
believe that Cleco’s estimates are likely
too high.
Nevertheless, even though the actual
costs of SDA and wet FGD are likely
Visibility benefit of controls
over baseline (dv) average top
ten impacted days
0.399
0.238
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Fmt 4702
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0.117
0.271
WFGD
0.271
0.459
lower, enhanced DSI is more costeffective and the incremental costs of
obtaining the additional 0.1–0.2 dv of
visibility improvement that can be
achieved by SDA or wet FGD are likely
to be high. Therefore, we propose to
agree with Louisiana’s determination
that enhanced DSI is SO2 BART for
Rodemacher 2, with a SO2 emission
limit of 0.30 lbs/MMBtu on a 30-day
rolling basis. LDEQ and Cleco entered
into an AOC to make this limit
enforceable.
In assessing PM BART, Cleco notes
that Rodemacher 2 is equipped with an
electrostatic precipitator (ESP) and a
fabric filter baghouse, which offer
excellent PM control, and concludes
that PM BART is no further control. As
discussed earlier, the BART rules allow
for a more streamlined approach to
making BART determinations when
appropriate.60 The BART Guidelines
further state that if a BART source
57 DSI modeled at 0.41 lb/MMBtu, DSI and fabric
filter are already installed and operational.
58 DSI modeled at 0.41 lb/MMBtu, DSI and fabric
filter are already installed and operational.
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already has controls that are among the
most stringent available and the controls
are made federally enforceable for
BART, the remainder of the BART
analysis is unnecessary.61 The existing
ESP combined with the baghouse meets
the definition of ‘‘among the most
stringent controls’’ for PM at this unit
and are made federally enforceable for
BART through the AOC. The AOC
allows the unit to meet the emissions
limits by use of the ESP and the
baghouse, conversion to natural gas
only, unit retirement, or another means
of achieving compliance.
In addition, CALPUFF visibility
modeling shows that baseline
impairment due to PM is very small, at
0.01 dv or less at both Breton and Caney
Creek compared to the overall visibility
impairment from all pollutants of
approximately 0.6 dv.62 Our CAMx
modeling estimates that baseline
visibility impairment due to PM
emissions from the unit is less than 1%
of the total visibility impairment due to
the unit, at both Caney Creek and
Breton.63 We propose to find that the
visibility impacts due to PM emissions
are so minimal that any additional PM
controls would only result in very
minimal visibility benefit that could not
justify the cost of any upgrades and/or
operational changes needed to achieve a
more stringent emission limit. We
therefore propose to agree with
Louisiana that no additional controls are
required to satisfy PM BART. LDEQ and
Cleco entered into an AOC establishing
an enforceable limit on PM10 consistent
with current controls at 545 lb/hr on a
30-day rolling basis.
sradovich on DSK3GMQ082PROD with PROPOSALS
b. Entergy Little Gypsy
Entergy operates three BART-eligible
units at Little Gypsy Generating Plant
(Little Gypsy). Unit 2 is an EGU boiler
with a maximum heat input capacity of
4,550 MMBtu/hr that is permitted to
burn natural gas as its primary fuel, and
No. 2 and No. 4 fuel oil as secondary
fuels. Unit 3 is an EGU boiler with a
maximum heat input capacity of 5,578
MMBtu/hr that burns natural gas, but is
also permitted to burn fuel oil. The
auxiliary boiler for Unit 3 has a
maximum heat input capacity of 252
MMBtu/hr and is permitted to burn only
natural gas. According to November 9,
2015 updated CALPUFF screening
modeling conducted by Trinity
60 70
FR 39116.
CFR 51 Appendix Y.IV.D.1.9.
62 See Table 4–3 CLECO Brame Energy Center
BART Five-Factor Analysis, prepared by Trinity
Consultants, October 31, 2015. Available in
Appendix B of the 2017 Regional Haze SIP
submittal.
61 40
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Consultants on behalf of Entergy,64 the
baseline visibility impacts of Little
Gypsy are greater than 0.5 dv, so the
2017 SIP revision demonstrates that the
three units at Little Gypsy are subject to
BART.65
LDEQ and Entergy entered into an
AOC limiting fuel oil to ultra-low sulfur
diesel (ULSD) with a sulfur content of
0.0015% for both Units 2 and 3. As the
BART Guidelines state, ‘‘if a source
commits to a BART determination that
consists of the most stringent controls
available, then there is no need to
complete the remaining analyses.’’ 66
Entergy states that during the baseline
period, Units 2 and 3 burned fuel oil 67
with an average sulfur content of 0.5%.
Switching to ULSD will result in a
reduction of SO2 emissions of over 99%.
We propose to find that ULSD is the
most stringent control available for
addressing SO2 emissions from fuel oil
burning, and we propose to agree with
LDEQ that this satisfies BART for SO2
for Little Gypsy Unit 2.
The 2017 Louisiana Regional Haze
SIP narrative does not include a BART
determination for the auxiliary boiler,
but the BART analysis in Appendix D
of the SIP submittal does address the
auxiliary boiler and concludes that no
additional controls are necessary for
BART. The auxiliary boiler is permitted
to only burn natural gas. We note that
SO2 and PM emissions for gas-fired
units are inherently low 68 and so
minimal that the installation of any
additional PM or SO2 controls on such
units would likely achieve very low
emissions reductions and minimal
visibility benefits. As there are no
appropriate add-on controls and the
status quo reflects the most stringent
controls, we propose to agree with
LDEQ that SO2 and PM BART is no
additional controls for the Little Gypsy
auxiliary boiler. For the same reason, we
propose to approve LDEQ’s conclusion
that PM BART for Little Gypsy Units 2
and 3 during gas-firing operation is no
additional controls.
With regards to PM BART for the fueloil-firing scenarios at Units 2 and 3,
Louisiana evaluated wet ESP, wet
scrubber, cyclone, and switching fuels
to 0.0015% S fuel oil (ULSD). In
evaluating energy and non-air quality
63 Calculated as percent of total extinction due to
the unit. See CAMx Modeling TSD for additional
information.
64 See Appendix D of the 2017 SIP submittal.
65 See CALPUFF Modeling TSD for a summary of
model results.
66 See 40 CFR part 51, Appendix Y, IV, D.
67 For this and all units herein assessed for BART,
the primary fuel burned has historically been
pipeline quality natural gas. Please see the TSD for
more details.
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impacts, the BART analysis identifies
energy impacts associated with energy
usage for ESPs and scrubbers. In
addition, ESPs and scrubbers generate
wastewater streams and the resulting
wastewater treatment will generate filter
cake, requiring land-filling. LDEQ did
not identify any impacts regarding
remaining useful life. The costs of
compliance for these add-on control
options are very high compared to their
anticipated visibility benefits.69 The
modeled visibility benefits of add-on
controls are very small and range from
0.0 dv to 0.037 dv for cyclone, wet
scrubber, and wet ESP. Therefore, we
propose that the costs of add-on PM
controls do not justify the expected
improvement in visibility. Accordingly,
we are proposing to agree with
Louisiana that the fuel sulfur content
limits contained in the AOC that were
determined to meet SO2 BART also
satisfy PM BART.
c. Entergy Ninemile Point
Entergy operates two BART-eligible
units at Ninemile Point Electric
Generating Plant (Ninemile Point). Unit
4 is an EGU boiler with a maximum heat
input capacity of 7,146 MMBtu/hr that
burns primarily natural gas and No. 2
and No. 4 fuel oil. Unit 5 is an EGU
boiler with a maximum heat input
capacity of 7,152 MMBtu/hr that burns
primarily natural gas and No. 2 and No.
4 fuel oil. LDEQ’s SIP submittal
demonstrates that the two units at
Ninemile Point are subject to BART.
LDEQ and Entergy entered into an AOC
limiting fuel oil to ULSD with a sulfur
content of 0.0015%. As the BART
Guidelines state ‘‘if a source commits to
a BART determination that consists of
the most stringent controls available,
then there is no need to complete the
remaining analyses.’’ 70 Entergy states
that during the baseline period these
units burned fuel oil with an average
sulfur content of 0.3%. Switching to
ULSD will result in a reduction of SO2
emissions by over 99%. We propose to
find that ULSD is the most stringent
control available for addressing SO2
emissions and we propose to agree with
LDEQ that this satisfies BART for SO2
for Ninemile Point Units 4 and 5.
For PM BART for Units 4 and 5,
Louisiana evaluated wet ESP, wet
scrubber, cyclones, and switching fuels
to ULSD. In evaluating energy and nonair quality impacts, the BART analysis
identifies energy impacts associated
with energy usage for ESPs and
scrubbers. In addition, ESPs and
69 See TSD for summary of PM control cost
analysis.
70 See 40 CFR part 51, Appendix Y, IV, D.
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scrubbers generate wastewater streams
and the resulting wastewater treatment
will generate filter cake, requiring landfilling. LDEQ did not identify any
impacts regarding the remaining useful
life. The cost of compliance for these
add-on control options is very high
compared to the anticipated visibility
benefits of controls. The modeled
visibility benefits of add-on controls are
very small and range from 0 dv to 0.08
dv for cyclone, wet scrubber and wet
ESP. The BART analyses in the 2017
Louisiana Regional Haze SIP
demonstrate that the cost of retrofitting
the Units 4 and 5 with add-on PM
controls would be extremely high
compared to the visibility benefit for
any of the units.71 We believe that the
cost of add-on PM controls does not
justify the minimal expected
improvement in visibility for these
units. Accordingly, we are proposing to
agree with LDEQ’s determination that
the fuel content limits for oil burning
contained in the AOC that were
determined to meet SO2 BART also
satisfy PM BART for Units 4 and 5.
d. Entergy Waterford
Entergy operates three BART-eligible
units at the Waterford 1 & 2 72
Generating Plant (Waterford) in St.
Charles Parish, Louisiana. Unit 1 is an
EGU boiler with a maximum heat input
capacity of 4,440 MMBtu/hr that burns
primarily natural gas and No. 6 fuel oil
as its secondary fuel. Unit 2 is an EGU
boiler with a maximum heat input
capacity of 4,440 MMBtu/hr that burns
primarily natural gas and No. 6 fuel oil
as its secondary fuel. The auxiliary
boiler (77 MMBtu/hr) burns only natural
gas. We propose to approve the
determination that Waterford Units 1
and 2, and the auxiliary boiler are
subject to BART. In assessing SO2 BART
for Units 1 and 2, Louisiana considered
the five BART factors.
In Step 1, SO2 control technologies of
DSI, SDA, wet scrubbing, and fuel
switching were identified as available
controls. For gas-fired units that
occasionally burn fuel oil, the BART
Guidelines recommend: ‘‘For oil-fired
units, regardless of size, you should
evaluate limiting the sulfur content of
the fuel oil burned to 1 percent or less
by weight.’’ 73 The Waterford units have
only burned residual fuel oil (No. 6).
Entergy states that these units are only
physically capable of burning No. 6 fuel
oil when not burning natural gas and
evaluated switching to 0.5% sulfur No.
6 fuel oil, the lowest sulfur specification
No. 6 fuel oil available.
In Step 2, Louisiana eliminated all
controls as technically infeasible with
the exception of fuel switching. We are
aware, however, of instances, although
not at any facility in the U.S., in which
FGDs of various types have been
installed or otherwise deemed feasible
on a boiler that burns oil.74
Consequently, we have supplemented
Louisiana’s analysis with our own. We
propose from our analysis, that even if
the LDEQ included analyses of these
other control options, the State’s BART
conclusion for Waterford would still be
reasonable.75
In addition, Louisiana evaluated
switching from a 1% sulfur fuel oil,
which is approximately equal to the
maximum sulfur content of the fuel oil
these units have burned, to a 0.5%
sulfur fuel oil for Units 1 and 2. In
addition to the Entergy BART report
which Louisiana relied upon, we have
included our own fuel oil cost
assessment in the TSD.
For Step 3, the technically feasible
controls are ranked by control
effectiveness. The control effectiveness
of switching from a higher sulfur fuel oil
to a lower sulfur fuel oil depends on the
reduction in sulfur emissions. Entergy
states that these units are only
physically capable of burning No. 6 fuel
oil when not burning natural gas and
evaluated switching to 0.5% sulfur No.
6 fuel oil, the lowest sulfur specification
No. 6 fuel oil available. We believe it is
likely the units could be modified to
burn distillate fuel oils, with even lower
sulfur content, at low cost. We welcome
the facility owner, Entergy, to provide a
cost estimate for the modification to
burn distillate fuel oils should it have
concerns with this assumption.
Because we believe it likely that the
facility could be modified to burn
distillate fuels at low cost, in addition
to our consideration of 0.5% No. 6 fuel
oil, we also considered No. 2 fuel oils
with 0.3% sulfur and ultra-low sulfur
diesel, which has a sulfur content of
0.0015%.
In evaluating energy and non-air
quality impacts, the BART analysis in
the 2017 SIP submittal states that there
are no such impacts associated with fuel
switching. It also states that remaining
useful life does not impact the BART
analysis. We believe Louisiana’s
assessment of the impacts from fuel
switching are reasonable.
Aside from our conclusion that
modifications necessary to burn
distillate fuel oil are relatively minor,
the cost-effectiveness of fuel oil
switching depends only on the cost of
the lower sulfur fuel oil relative to the
baseline fuel oil. Information from the
Energy Information Agency (EIA)
indicates that fuel oil of varying sulfur
contents is widely available across the
U.S. EIA reports the prices for various
refinery petroleum products on a
monthly and annual basis. See the TSD
for additional information on fuel oil
prices utilized in our analysis. In Table
9, we present the results of our
calculations: 76
TABLE 9—CONTROL COST ANALYSIS FOR FUEL OIL SWITCHING FROM RESIDUAL FUEL OIL BASELINE
Baseline: Residual Fuel Oil <=1%
Cost for
1,000 barrels
($/yr)
sradovich on DSK3GMQ082PROD with PROPOSALS
Business as usual (Residual fuel oil @1% S and $0.971/gal) ...................................................
Moderate control (No. 2 fuel oil @0.3% S and $1.565/gal) ........................................................
High control (ULSD @0.0015% S and $1.667/gal) .....................................................................
71 See TSD for summary of PM control cost
analysis.
72 Note that the name of this facility is ‘‘Waterford
1 & 2’’ and is also has units that are referred to as
‘‘Unit 1’’ and ‘‘Unit 2’’.
73 70 FR 39103, 39171 (July 6, 2005) [40 CFR 51,
App. Y].
74 Crespi, M. ‘‘Design of the FLOWPAC WFGD
System for the Amager Power Plant.’’ Power-Gen
FGD Operating Experience, November 29, 2006,
VerDate Sep<11>2014
18:29 May 18, 2017
Jkt 241001
Orlando, FL; Babcock and Wilcox. ‘‘Wet Flue Gas
Desulfurization (FGD) Systems Advanced MultiPollutant Control Technology.’’ See Page 4: ‘‘We
have also provided systems for heavy oil and
Orimulsion fuels.’’ DePriest, W; Gaikwad, R.
‘‘Economics of Lime and Limestone for Control of
Sulfur Dioxide.’’ See page 7: ‘‘A CFB unit, in
Austria, is on a 275 MW size oil-fired boiler burning
1.0–2.0% sulfur oil.’’
75 See the TSD for our analysis of these other
control options. We believe that the installation of
PO 00000
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Sfmt 4702
$40,782
65,730
70,014
Tons reduced
per 1,000
barrels
2.40
3.29
Cost
effectiveness
($/ton)
$10,385
8,878
any of these other add-on control options, such as
a scrubber, on any of these gas-fired units that
occasionally burn oil results in very high costeffectiveness values.
76 See the file, ‘‘LA BART Fuel Oil Cost
Analysis.xlsx’’ for the calculations and supporting
data for these figures.
E:\FR\FM\19MYP1.SGM
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Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Proposed Rules
In assessing the visibility benefits of
fuel switching, Louisiana submitted
CALPUFF modeling for 1% sulfur and
0.5% sulfur fuel oil. We performed
additional CALPUFF modeling to
correct for errors in the modeling and to
evaluate the visibility benefits of
additional fuel types. See the CALPUFF
Modeling TSD for additional
information on modeling inputs and
results. The visibility benefits from fuel
switching are summarized in Table 10.
TABLE 10—VISIBILITY BENEFITS OF FUEL SWITCHING AT WATERFORD
[CALPUFF, 98th percentile]
Baseline
impact (dv)
Class I area
sradovich on DSK3GMQ082PROD with PROPOSALS
Unit 1 ................................................
Unit 2 ................................................
Breton ...............................................
Breton ...............................................
The cost-effectiveness of switching to
a lower sulfur fuel oil is less attractive
(higher $/ton) than other controls we
have typically required under BART.
While the visibility benefits of
switching fuel types are significant, the
cost-effectiveness in terms of $/ton is in
excess of $8,000/ton for the most
stringent control option. We also note
that the facility primarily operates by
burning natural gas and the visibility
benefits presented in Table 10 represent
benefits only for those periods when
fuel oil is burned and would not occur
during natural gas operation. As
discussed above, over the 2011–2015
period, the highest annual emissions for
SO2 reported for a unit at the facility is
only 69 tons/year. Considering this, we
propose to agree with the LDEQ’s
determination that no additional
controls or fuel switching are necessary
to satisfy BART. The LDEQ and Entergy
have entered into an AOC limiting fuel
oil sulfur content to 1% or less. This
enforceable limit is consistent with past
practice, the baseline level utilized in
the BART analysis, and the minimum
recommendation in the BART
Guidelines. We encourage Louisiana
and Entergy to reconsider switching to
a lower sulfur fuel when assessing
controls under reasonable progress for
future planning periods.
For PM BART for Units 1 and 2,
Louisiana evaluated wet ESP, wet
scrubber, cyclones, and switching fuels
to 0.5% S fuel oil. In evaluating energy
and non-air quality impacts, Louisiana
identified energy impacts associated
with energy usage for ESPs and
scrubbers. In addition, ESPs and
scrubbers generate wastewater streams
and the resulting wastewater treatment
will generate filter cake, requiring landfilling. Louisiana did not identify any
impacts regarding remaining useful life.
The costs of compliance for these
control options are very high compared
to their anticipated visibility benefits.
Modeled baseline visibility impacts
from PM emissions are very low.
Modeled visibility impairment from
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2.704
2.378
baseline PM emissions are less than 5%
of the total modeled impact from the
source. Entergy’s modeled visibility
benefits of add-on controls are very
small and range from 0 dv to 0.06 dv for
cyclone, wet scrubber, and wet ESP for
each unit. The BART analyses in the
2017 Louisiana Regional Haze SIP
demonstrate that the cost of retrofitting
Units 1 and 2 with add-on PM controls
would be extremely high compared to
the visibility benefits for any of the
units.77 LDEQ concluded that the costs
of add-on PM controls do not justify the
minimal expected improvement in
visibility for these units. LDEQ included
an analysis of fuel switching for PM
BART in its SO2 BART analysis, as PM
reductions from fuel switching were
also included in the assessment of
benefits from fuel switching.
Accordingly, we are proposing to agree
with the determination in the 2017
Louisiana Regional Haze SIP that the
fuel content limits for oil burning
contained in the AOC that were
determined to meet SO2 BART also
satisfy PM BART.
The 2017 Louisiana Regional Haze
SIP narrative does not include a BART
determination for the auxiliary boiler,
but the BART analysis in Appendix D
of the 2017 SIP submittal does address
the auxiliary boiler and concludes that
no additional controls are necessary for
BART. The auxiliary boiler only burns
natural gas. We note that SO2 and PM
emissions for gas-only units are
inherently low,78 so the installation of
any additional PM or SO2 controls on
such units would likely achieve very
low emissions reductions and minimal
visibility benefits. As there are no
appropriate add-on controls, and the
status quo reflects the most stringent
controls, we propose to agree with
Louisiana that SO2 and PM BART is no
77 See TSD for summary of PM control cost
analysis.
78 AP 42, Fifth Edition, Volume 1, Chapter 1:
External Sources, Section 1.4, Natural Gas
Combustion, available here: https://www3.epa.gov/
ttn/chief/ap42/ch01/final/c01s04.pdf.
PO 00000
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Fmt 4702
Sfmt 4702
Visibility
benefit (dv)
of 0.5% S
Visibility
benefit (dv)
of 0.3% S
0.883
0.798
Visibility
benefit (dv)
of 0.0015% S
1.348
1.207
1.744
1.601
additional controls for the Waterford
auxiliary boiler.
III. Proposed Action
We are proposing to approve
Louisiana’s Regional Haze SIP revision
submitted on February 10, 2017, with
the exception of the portion related to
the Entergy Nelson facility. We propose
to approve the BART determination for
Michoud based on the draft permit, and
note that we expect the proposed permit
removing Units 2 and 3 to be final
before we take final action to approve
this portion of the 2017 Louisiana
Regional Haze SIP. Alternatively, LDEQ
could submit another enforceable
document to ensure that Units 2 and 3
cannot restart without a BART analysis
and emission limits, or demonstrate the
units have been deconstructed to the
point that they cannot restart without
obtaining a new NSR permit, making
them not operational during the
timeframe for BART eligibility.
Additionally, final approval of
Louisiana’s reliance on CSAPR to satisfy
NOX BART for EGUs is contingent upon
our finalization of the separate
rulemaking, proposed on November 10,
2016 (81 FR 78954), that proposed to
find that CSAPR continues to be better
than BART. Once we take final action
on our proposed approval of Louisiana’s
2016 SIP revision addressing non-EGU
BART,79 this proposal, and a future
proposed action to address SO2 and PM
BART for the Entergy Nelson facility,
we will have fulfilled all outstanding
obligations with respect to the Louisiana
regional haze program for the first
planning period.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
79 81
E:\FR\FM\19MYP1.SGM
FR 74750 (October 27, 2016).
19MYP1
Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Proposed Rules
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory action’’
subject to review by the Office of
Management and Budget under Executive
Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011);
• Does not impose an information
collection burden under the provisions of the
Paperwork Reduction Act (44 U.S.C. 3501 et
seq.);
• Is certified as not having a significant
economic impact on a substantial number of
small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
• Does not contain any unfunded mandate
or significantly or uniquely affect small
governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104–
4);
• Does not have Federalism implications
as specified in Executive Order 13132 (64 FR
43255, August 10, 1999);
• Is not an economically significant
regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of section
12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272
note) because it does not involve technical
standards; 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, 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 proposed 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).
sradovich on DSK3GMQ082PROD with PROPOSALS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxides,
Visibility, Interstate transport of
pollution, Regional haze, Best available
control technology.
Authority: 42 U.S.C. 7401 et seq.
VerDate Sep<11>2014
18:29 May 18, 2017
Jkt 241001
Dated: May 1, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017–10108 Filed 5–18–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 147
[EPA–HQ–OW–2013–0280; FRL–9962–68–
OW]
State of North Dakota Underground
Injection Control Program; Class VI
Primacy Approval
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to issue a rule
approving an application from the state
of North Dakota under the Safe Drinking
Water Act (SDWA) to implement an
underground injection control (UIC)
program for Class VI injection wells
located within the state, except those on
Indian lands.
DATES: Comments must be received on
or before July 18, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2013–0280, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system).
For additional submission methods,
the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Lisa
McWhirter, Drinking Water Protection
Division, Office of Ground Water and
Drinking Water (4606M), U.S.
SUMMARY:
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22949
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: (202)
564–2317; fax number: (202) 564–3754;
email address: mcwhirter.lisa@epa.gov
or Douglas Minter, Underground
Injection Control Unit, U.S.
Environmental Protection Agency,
Region 8, 1595 Wynkoop Street, MSC
8WP-SUI, Denver, Colorado 80202;
telephone number: (303) 312–6079; fax
number: (303) 312–7084; email address:
minter.douglas@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The state of North Dakota received
primary enforcement responsibility
(primacy) for Class I, III, IV and V
injection wells under SDWA section
1422 on October 5, 1984, and Class II
injection wells under SDWA section
1425 on September 24, 1983. The state
of North Dakota has applied to the EPA
under SDWA section 1422, 42 U.S.C.
sections 300h–1, for primacy for Class
VI injection wells, except those located
on Indian lands. This action is based on
a legal and technical review of the state
of North Dakota’s application as
directed in the Code of Federal
Regulations (CFR) at 40 CFR part 145.
As a result of this review, EPA is
proposing that the state of North
Dakota’s application meets all
applicable requirements for approval
under SDWA section 1422, and the state
is capable of administering a Class VI
UIC program in a manner consistent
with the terms and purposes of SDWA
and all applicable regulations.
II. Legal Authorities
These regulations are being
promulgated under authority of SDWA
sections 1422 and 1450, 42 U.S.C. 300h–
1 and 300j–9.
Requirements for State UIC Programs
SDWA Section 1421 requires the
Administrator of the EPA to promulgate
minimum requirements for effective
state UIC programs to prevent
underground injection activities that
endanger underground sources of
drinking water (USDWs). SDWA Section
1422 establishes requirements for states
seeking EPA approval of state UIC
programs.
For states that seek approval for UIC
programs under SDWA section 1422,
the EPA has promulgated a regulation
setting forth the applicable procedures
and substantive requirements, codified
in 40 CFR part 145. It includes
requirements for state permitting
programs (by reference to certain
provisions of 40 CFR parts 124 and 144),
compliance evaluation programs,
E:\FR\FM\19MYP1.SGM
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Agencies
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Proposed Rules]
[Pages 22936-22949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10108]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0129; FRL-9961-28-Region 6]
Approval and Promulgation of Implementation Plans; Louisiana;
Regional Haze State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve a portion
of a revision to the Louisiana State Implementation Plan (SIP)
submitted by the State of Louisiana through the Louisiana Department of
Environmental Quality (LDEQ) on February 10, 2017, that addresses
regional haze requirements for the first planning period. LDEQ
submitted this SIP revision to address deficiencies identified by the
EPA in a previous action. The EPA is proposing to approve the majority
of the SIP revision, which addresses the CAA requirement that certain
categories of existing major stationary sources built between 1962 and
1977 procure and install the Best Available Retrofit Technology (BART),
while deferring action on LDEQ's BART determination for a single
facility. Specifically, the EPA is proposing to approve most of LDEQ's
BART evaluations and conclusions for Louisiana's BART-eligible electric
generating unit (EGU) sources and to approve LDEQ's sulfur-dioxide
(SO2) and particulate-matter (PM) emission limits for those
sources that are subject to BART. The EPA is also proposing to approve
Louisiana's reliance on the Cross-State Air Pollution Rule (CSAPR)
trading program for ozone-season nitrogen oxides (NOX) as a
permissible alternative to source-specific NOX BART emission
limits. This action is being taken under sections 110 and 169A of the
CAA.
DATES: Written comments must be received on or before June 19, 2017.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0129, at https://www.regulations.gov or via email to
R6_LA_BART@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information
[[Page 22937]]
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact Jennifer
Huser, huser.jennifer@epa.gov. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Jennifer Huser, 214-665-7347,
huser.jennifer@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Jennifer Huser or Mr. Bill Deese at 214-
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
A. The Regional Haze Program
B. Our Previous Actions on Louisiana Regional Haze
C. CSAPR as an Alternative to Source-Specific NOX
BART
II. Our Evaluation of Louisiana's BART Analysis
A. Identification of BART-Eligible Sources
B. Evaluation of Which Sources Are Subject to BART
C. Sources That Are No Longer in Operation
D. Sources That Screened Out of BART
1. Visibility Impairment Threshold
2. Model Plant Analysis
3. CALPUFF Modeling To Screen Out Sources
E. Subject to BART Sources
1. Reliance on CSAPR To Satisfy NOX BART
2. Sources That Deferred a Five-Factor Analysis Due to a Change
in Operation
3. Louisiana's Five-Factor Analyses for SO2 and PM
BART
a. Cleco Brame Energy Center
b. Entergy Little Gypsy
c. Entergy Ninemile Point
d. Entergy Waterford
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. The Regional Haze Program
Regional haze is visibility impairment that is produced by a
multitude of sources and activities that are located across a broad
geographic area and emit fine particulates (PM2.5) (e.g.,
sulfates, nitrates, organic carbon (OC), elemental carbon (EC), and
soil dust), and their precursors (e.g., sulfur dioxide
(SO2), nitrogen oxides (NOX), and in some cases,
ammonia (NH3) and volatile organic compounds (VOCs)). Fine
particle precursors react in the atmosphere to form PM2.5,
which impairs visibility by scattering and absorbing light. Visibility
impairment reduces the clarity, color, and visible distance that can be
seen. PM2.5 can also cause serious adverse health effects
and mortality in humans; it also contributes to environmental effects
such as acid deposition and eutrophication.
Data from the existing visibility monitoring network, ``Interagency
Monitoring of Protected Visual Environments'' (IMPROVE), shows that
visibility impairment caused by air pollution occurs virtually all the
time at most national parks and wilderness areas. In 1999, the average
visual range in many Class I areas (i.e., national parks and memorial
parks, wilderness areas, and international parks meeting certain size
criteria) in the western United States was 100-150 kilometers, or about
one-half to two-thirds of the visual range that would exist without
anthropogenic air pollution. In most of the eastern Class I areas of
the United States, the average visual range was less than 30
kilometers, or about one-fifth of the visual range that would exist
under estimated natural conditions. CAA programs have reduced some
haze-causing pollution, lessening some visibility impairment and
resulting in partially improved average visual ranges.
CAA requirements to address the problem of visibility impairment
continue to be implemented. In Section 169A of the 1977 Amendments to
the CAA, Congress created a program for protecting visibility in the
nation's national parks and wilderness areas. This section of the CAA
establishes as a national goal the prevention of any future, and the
remedying of any existing, man-made impairment of visibility in 156
national parks and wilderness areas designated as mandatory Class I
Federal areas. On December 2, 1980, EPA promulgated regulations to
address visibility impairment in Class I areas that is ``reasonably
attributable'' to a single source or small group of sources, i.e.,
``reasonably attributable visibility impairment.'' These regulations
represented the first phase in addressing visibility impairment. EPA
deferred action on regional haze that emanates from a variety of
sources until monitoring, modeling, and scientific knowledge about the
relationships between pollutants and visibility impairment were
improved.
Congress added section 169B to the CAA in 1990 to address regional
haze issues, and EPA promulgated regulations addressing regional haze
in 1999. The Regional Haze Rule revised the existing visibility
regulations to add provisions addressing regional haze impairment and
established a comprehensive visibility protection program for Class I
areas. The requirements for regional haze, found at 40 CFR 51.308 and
51.309, are included in our visibility protection regulations at 40 CFR
51.300-309. The requirement to submit a regional haze SIP applies to
all 50 states, the District of Columbia, and the Virgin Islands. States
were required to submit the first implementation plan addressing
regional haze visibility impairment no later than December 17, 2007.
Section 169A of the CAA directs states to evaluate the use of
retrofit controls at certain larger, often under-controlled, older
stationary sources in order to address visibility impacts from these
sources. Specifically, section 169A(b)(2)(A) of the CAA requires states
to revise their SIPs to contain such measures as may be necessary to
make reasonable progress toward the natural visibility goal, including
a requirement that certain categories of existing major stationary
sources built between 1962 and 1977 procure, install and operate the
``Best Available Retrofit Technology'' (BART). Larger ``fossil-fuel
fired steam electric plants'' are one of these source categories. Under
the Regional Haze Rule, states are directed to conduct BART
determinations for ``BART-eligible'' sources that may be anticipated to
cause or contribute to any visibility impairment in a Class I area. The
evaluation of BART for electric generating units (EGUs) that are
located at fossil-fuel fired power plants having a generating capacity
in excess of 750 megawatts must follow the ``Guidelines for BART
Determinations Under the Regional Haze Rule'' at appendix Y to 40 CFR
part 51 (hereinafter referred to as the ``BART Guidelines''). Rather
than
[[Page 22938]]
requiring source-specific BART controls, states also have the
flexibility to adopt an emissions trading program or other alternative
program as long as the alternative provides for greater progress
towards improving visibility than BART.
B. Our Previous Actions on Louisiana Regional Haze
On June 13, 2008, Louisiana submitted a SIP to address regional
haze (2008 Louisiana Regional Haze SIP or 2008 SIP revision). We acted
on that submittal in two separate actions. Our first action was a
limited disapproval \1\ because of deficiencies in the state's regional
haze SIP submittal arising from the remand by the U.S. Court of Appeals
for the District of Columbia of the Clean Air Interstate Rule (CAIR).
Our second action was a partial limited approval/partial disapproval
\2\ because the 2008 SIP revision met some but not all of the
applicable requirements of the CAA and our regulations as set forth in
sections 169A and 169B of the CAA and 40 CFR 51.300-308, but as a
whole, the 2008 SIP revision strengthened the SIP. On August 11, 2016,
Louisiana submitted a SIP revision to address the deficiencies related
to BART for four non-EGU facilities. We proposed to approve that
revision on October 27, 2016.\3\ On February 10, 2017, Louisiana
submitted a SIP revision intended to address the deficiencies related
to BART for EGU sources (2017 Louisiana Regional Haze SIP or 2017 SIP
revision), a portion of which is the subject of this proposed action.
---------------------------------------------------------------------------
\1\ 77 FR 33642 (June 7, 2012).
\2\ 77 FR 39425 (July 3, 2012).
\3\ 81 FR 74750 (October 27, 2016).
---------------------------------------------------------------------------
C. CSAPR as an Alternative to Source-Specific NOX BART
In 2005, the EPA published CAIR, which required 28 states and the
District of Columbia to reduce emissions of SO2 and
NOX that significantly contribute to or interfere with
maintenance of the 1997 national ambient air quality standards (NAAQS)
for fine particulates and/or 8-hour ozone in any downwind state.\4\ EPA
demonstrated that CAIR would achieve greater reasonable progress toward
the national visibility goal than would BART; and therefore, states
could rely on CAIR as an alternative to EGU BART for SO2 and
NOX.\5\
---------------------------------------------------------------------------
\4\ 70 FR 25161 (May 12, 2005).
\5\ 70 FR 39104, 39139 (July 6, 2005).
---------------------------------------------------------------------------
Louisiana's 2008 Regional Haze SIP relied on participation in CAIR
as an alternative to meeting the source-specific EGU BART requirements
for SO2 and NOX.\6\ Shortly after Louisiana
submitted its SIP to us, however, the D.C. Circuit remanded CAIR
(without vacatur).\7\ The court thereby left CAIR and CAIR Federal
Implementation Plans (FIPs) in place in order to ``temporarily preserve
the environmental values covered by CAIR'' until we could, by
rulemaking, replace CAIR consistent with the court's opinion.\8\ In
2011, we promulgated the Cross-State Air Pollution Rule (CSAPR) to
replace CAIR.\9\ While EGUs in Louisiana were required to participate
in CAIR for both SO2 and NOX, Louisiana EGUs are
only included in CSAPR for ozone-season NOX.\10\
---------------------------------------------------------------------------
\6\ See 40 CFR 51.308(e)(4) (2006).
\7\ The court decided to vacate CAIR on July 11, 2008, and
revised its decision, so as to remand the rule without vacatur, on
December 23, 2008. North Carolina v. EPA, 531 F.3d 896, 901 (D.C.
Cir. 2008), modified, 550 F.3d 1176 (D.C. Cir. 2008). Louisiana's
initial Regional Haze SIP was submitted on June 13, 2008. 77 FR
39425.
\8\ 550 F.3d at 1178.
\9\ 76 FR 48207 (August 8, 2011).
\10\ 76 FR 82219, at 82226 (December 30, 2011).
---------------------------------------------------------------------------
In 2012, we issued a limited disapproval of Louisiana's and several
other states' regional haze SIPs because of reliance on CAIR as an
alternative to EGU BART for SO2 and/or NOX.\11\
We also determined that CSAPR would provide for greater reasonable
progress than BART and amended the Regional Haze Rule to allow CSAPR
participation as an alternative to source-specific SO2 and/
or NOX BART for EGUs, on a pollutant-specific basis.\12\
Because Louisiana EGUs are included in CSAPR for NOX,
Louisiana can rely on CSAPR better than BART for NOX.
However, Louisiana's regional haze program must include source-by-
source EGU BART demonstrations for all other visibility impairing
pollutants, namely, SO2 and PM.
---------------------------------------------------------------------------
\11\ The limited disapproval triggered the EPA's obligation to
issue a FIP or approve a SIP revision to correct the relevant
deficiencies within 2 years of the final limited disapproval action.
CAA section 110(c)(1); 77 FR 33642, at 33654 (August 6, 2012).
\12\ While that rulemaking also promulgated FIPs for several
states to replace reliance on CAIR with reliance on CSAPR as an
alternative to BART, it did not include a FIP for Louisiana. 77 FR
33642, 33654.
---------------------------------------------------------------------------
CSAPR has been subject to extensive litigation, and on July 28,
2015, the D.C. Circuit issued a decision generally upholding CSAPR but
remanding without vacating the CSAPR emissions budgets for a number of
states.\13\ We are in the process of responding to the remand of these
CSAPR budgets. On October 26, 2016, we finalized an update to the CSAPR
rule that addresses the 1997 ozone NAAQS portion of the remand and the
CAA requirements addressing interstate transport for the 2008 ozone
NAAQS.\14\ Additionally, three states, Alabama, Georgia, and South
Carolina, have adopted or committed to adopt SIPs to replace the
remanded FIPs and will continue the states' participation in the CSAPR
program on a voluntary basis with the same budgets. On November 10,
2016, we proposed a rule intended to address the remainder of the
court's remand as it relates to Texas.\15\ This separate proposed rule
includes an assessment of the impacts of the set of actions that the
EPA has taken or expects to take in response to the D.C. Circuit's
remand on our 2012 demonstration that participation in CSAPR provides
for greater reasonable progress than BART. Based on that assessment,
the EPA proposed that states may continue to rely on CSAPR as being
better than BART on a pollutant-specific basis.
---------------------------------------------------------------------------
\13\ Louisiana's ozone season NOX budgets were not
included in the remand. EME Homer City Generation v. EPA, 795 F.3d
118, 138 (D.C. Cir. 2015).
\14\ 81 FR74504 (October 26, 2016).
\15\ 81 FR 78954 (November 10, 2016).
---------------------------------------------------------------------------
II. Our Evaluation of Louisiana's BART Analysis
A. Identification of BART-Eligible Sources
In our partial disapproval and partial limited approval of the 2008
Louisiana Regional Haze SIP, we approved LDEQ's identification of 76
BART-eligible sources.\16\ Table 1 lists the EGU sources that were
identified in the 2008 Louisiana Regional Haze SIP submittal as BART-
eligible.
---------------------------------------------------------------------------
\16\ See 77 FR 11839 at 11848 (February 28, 2012).
Table 1--Identification of BART-Eligible EGU Sources
----------------------------------------------------------------------------------------------------------------
Facility name Units Parish
----------------------------------------------------------------------------------------------------------------
Cleco Rodemacher/Brame................... Nesbitt I (Unit 1), Rapides.
Rodemacher II (Unit 2).
[[Page 22939]]
Cleco Teche.............................. Unit 3...................... St. Mary.
Entergy Sterlington...................... Unit 7...................... Ouachita.
Entergy Michoud.......................... Units 2 and 3............... Orleans.
Entergy Waterford........................ Units 1, 2, and auxiliary St. Charles.
boiler.
Entergy Willow Glen...................... Units 2, 3, 4, 5, auxiliary Iberville.
boiler.
Entergy Ninemile Point................... Units 4 and 5............... Jefferson.
Entergy Nelson *......................... Units 4, 6, and auxiliary Calcasieu.
boiler.
Entergy Little Gypsy..................... Units 2, 3, and auxiliary St. Charles.
boiler.
Louisiana Generating (NRG) Big Cajun I... Units 1 and 2............... Point Coupee.
Louisiana Generating (NRG) Big Cajun II.. Units 1 and 2............... Point Coupee.
Louisiana Energy and Power Authority Boilers 1 and 2............. Iberville.
Plaquemine Steam Plant.
Louisiana Energy and Power Authority Units 1, 2, 3, and 4 boilers St. Mary/St. Martin.
Morgan City Steam Plant.
City of Ruston--Ruston Electric Boilers 1, 2, and 3......... Lincoln.
Generating Plant.
Lafayette Utilities System Louis ``Doc'' Units 1, 2, and 3........... Lafayette.
Bonin Electric Generating Station.
Terrebonne Parish Consolidated Government Units 15 and 16............. Terrebonne.
Houma Generating Station.
City of Natchitoches Utility Department.. 3 boilers................... Natchitoches.
----------------------------------------------------------------------------------------------------------------
* We are not acting on BART determinations for Entergy Nelson in this action. We will address BART for Entergy
Nelson in a future rulemaking.
B. Evaluation of Which Sources Are Subject to BART
Because Louisiana's 2008 Regional Haze SIP relied on CAIR as better
than BART for EGUs, the submittal did not include a determination of
which BART-eligible EGUs were subject to BART. On May 19, 2015, we sent
CAA Section 114 letters to several BART-eligible sources in Louisiana.
In those letters, we noted our understanding that the sources were
actively working with LDEQ to develop a SIP. However, in order to be in
a position to develop a FIP should that be necessary, we requested
information regarding the BART-eligible sources. The Section 114
letters required sources to conduct modeling to determine if the
sources were subject to BART, and included a modeling protocol. The
letters also requested that a BART analysis be performed in accordance
with the BART Guidelines for those sources determined to be subject to
BART. We worked closely with those BART-eligible facilities and with
LDEQ to this end, and all the information we received from the
facilities was also sent to LDEQ. As a result, the LDEQ submitted a
revised SIP submittal on February 10, 2017, that evaluates BART-
eligible EGUs in the State and provides a BART determination for each
such source for all visibility impairing pollutants except
NOX. This proposal addresses the entire 2017 Louisiana
Regional Haze SIP, but for the portion concerning one BART-eligible EGU
facility, specifically the Entergy Nelson facility. We will propose
action on the Entergy Nelson portion of the SIP at a later date. We
note that Louisiana unintentionally omitted discussion of two BART-
eligible facilities in its 2017 Louisiana Regional Haze SIP: Terrebonne
Parish Consolidated Government Houma Generating Station and Louisiana
Energy and Power Authority Plaquemine Steam Plant. We will address
these two sources in the model plant analysis section below.
C. Sources That Are No Longer in Operation
Several sources that were identified as BART-eligible have since
retired from operation, rendering them no longer subject to the
requirements of the Regional Haze Rule. For the units identified in the
Table 2, the LDEQ provided documentation supporting permit rescissions
to make these retirements permanent and enforceable.\17\
---------------------------------------------------------------------------
\17\ See Appendix E of the 2017 Louisiana Regional Haze SIP for
supporting documentation and the TSD for this action for additional
information.
Table 2--Retired Sources
----------------------------------------------------------------------------------------------------------------
Facility name Units Parish
----------------------------------------------------------------------------------------------------------------
Louisiana Energy and Power Authority, Units 1, 2, 3, and 4 boilers St. Mary/St. Martin.
Morgan City Steam Plant.
City of Ruston, Ruston Electric Boilers 1, 2, and 3......... Lincoln.
Generating Plant.
City of Natchitoches Utility Department.. 3 boilers................... Natchitoches.
----------------------------------------------------------------------------------------------------------------
In addition, Entergy Michoud Units 2 and 3 were identified as BART-
eligible, but are no longer in operation. By letter dated August 10,
2016, Entergy System Operating Committee elected to permanently retire
Michoud Units 2 and 3, effective June 1, 2016. This action was
described in detail through a permit application to the state. As of
the time of this proposal, LDEQ has not yet finalized that permit. The
2017 Louisiana Regional Haze SIP includes the Air Permit Briefing Sheet
that confirms Entergy's request to remove Units 2 and 3 from the
permit.\18\ We propose to approve the SIP based on the draft permit,
and note that we expect the proposed permit removing Units 2 and 3 to
be final before we take final action to approve this portion of the
2017 Louisiana Regional Haze SIP. Alternatively, LDEQ could submit
another enforceable document to ensure that Units 2 and 3 cannot
restart without a BART analysis and emission limits, or demonstrate the
units have been deconstructed to the point that they cannot restart
without obtaining a new NSR permit, making them not operational during
the timeframe for BART eligibility.
---------------------------------------------------------------------------
\18\ See Appendix D of the 2017 Louisiana Regional Haze SIP.
---------------------------------------------------------------------------
[[Page 22940]]
D. Sources That Screened Out of BART
Once a list of BART-eligible sources still in operation within a
state has been compiled, the state must determine whether to make BART
determinations for all of them or to consider exempting some of them
from BART because they are not reasonably anticipated to cause or
contribute to any visibility impairment in a Class I area. The BART
Guidelines present several options that rely on modeling analyses and/
or emissions analyses to determine if a source is not reasonably
anticipated to cause or contribute to visibility impairment in a Class
I area. A source that is not reasonably anticipated to cause or
contribute to any visibility impairment in a Class I area is not
``subject to BART,'' and for such sources, a state need not apply the
five statutory factors to make a BART determination.\19\ Those sources
are determined to be not subject to BART. Sources that are reasonably
anticipated to cause or contribute to any visibility impairment in a
Class I area are subject to BART.\20\ For each source subject to BART,
40 CFR 51.308(e)(1)(ii)(A) requires that the LDEQ identify the level of
control representing BART after considering the factors set out in CAA
section 169A(g)(2). To determine which sources are anticipated to
contribute to visibility impairment, the BART Guidelines state ``you
can use CALPUFF or other appropriate model to estimate the visibility
impacts from a single source at a Class I area.'' \21\
---------------------------------------------------------------------------
\19\ See 40 CFR part 51, Appendix Y, III, How to Identify
Sources ``Subject to BART''.
\20\ Id.
\21\ See 40 CFR part 51, Appendix Y, III, How to Identify
Sources ``Subject to BART''.
---------------------------------------------------------------------------
1. Visibility Impairment Threshold
The preamble to the BART Guidelines advises that, ``for purposes of
determining which sources are subject to BART, States should consider a
1.0 deciview \22\ change or more from an individual source to `cause'
visibility impairment, and a change of 0.5 deciviews to `contribute' to
impairment.'' \23\ It further advises that ``States should have
discretion to set an appropriate threshold depending on the facts of
the situation,'' and describes situations in which states may wish to
exercise that discretion, mainly in situations in which a number of
sources in an area are all contributing fairly equally to the
visibility impairment of a Class I area. In Louisiana's 2008 Regional
Haze SIP submittal, the LDEQ used a contribution threshold of 0.5 dv
for determining which sources are subject to BART, and we approved this
threshold in our previous action.\24\ The 2017 SIP revision includes a
full five factor BART determination for each of the State's BART-
eligible EGUs whose visibility impacts exceed the 0.5 dv threshold.
---------------------------------------------------------------------------
\22\ As we note in the Regional Haze Rule (64 FR 35725, July 1,
1999), the ``deciview'' or ``dv'' is an atmospheric haze index that
expresses changes in visibility. This visibility metric expresses
uniform changes in haziness in terms of common increments across the
entire range of visibility conditions, from pristine to extremely
hazy conditions.
\23\ 70 FR 39104, 39120 (July 6, 2005), [40 CFR part 51,
Appendix Y].
\24\ See, 77 FR 11839, 11849 (February 28, 2012).
---------------------------------------------------------------------------
2. Model Plant Analysis
As part of our development of the BART Guidelines, we developed
analyses of model plants with representative plume and stack
characteristics for both EGU and non-EGU sources using the CALPUFF
model.\25\ As we discuss in the BART Guidelines,\26\ based on those
analyses, we believe that sources that emit less than 1,000 tons per
year of NOX and SO2 and that are located more
than 100 km from any Class I area can be exempted from the BART
determination. The BART Guidelines note that the model plant concept
can be extended using additional modeling analyses to ratios of
emission levels and distances other than 1,000 tons/100 km. The BART
Guidelines explain that: ``you may find based on representative plant
analyses that certain types of sources are not reasonably anticipated
to cause or contribute to visibility impairment. To do this, you may
conduct your own modeling to establish emission levels and distances
from Class I areas on which you can rely to exempt sources with those
characteristics.'' \27\ Modeling analyses of representative plants are
used to reflect groupings of specific sources with important common
characteristics.
---------------------------------------------------------------------------
\25\ CALPUFF Analysis in Support of the June 2005 Changes to the
Regional Haze Rule, U.S. Environmental Protection Agency, June 15,
2005, Docket No. OAR-2002-0076.
\26\ 70 FR 39119 (July 6, 2005).
\27\ 70 FR 39163 (July 6, 2005).
---------------------------------------------------------------------------
As we mention above, we note that Louisiana unintentionally omitted
discussion of two BART-eligible facilities in its 2017 Louisiana
Regional Haze SIP: Terrebonne Parish Consolidated Government Houma
Generating Station (Houma) and Louisiana Energy and Power Authority
Plaquemine Steam Plant (Plaquemine). However, Louisiana's 2008 Regional
Haze SIP submittal identified these two sources as BART-eligible, and
we approved the inclusion of these two sources on that list in
2012.\28\ The LDEQ has indicated that it inadvertently failed to
address whether these two sources are subject to BART in the 2017
Regional Haze SIP. These two sources were included in its 2008 Regional
Haze SIP, but Louisiana relied on CAIR better than BART coverage for
these sources when they adopted their 2008 SIP. Therefore, we have
evaluated these two sources based on available information to determine
whether they are subject to BART. We are not relying on the 1000 tpy/
100 km model plant approach but are instead relying on existing
modeling included in the 2008 Louisiana Regional Haze SIP as being a
representative plant analysis for the purpose of establishing emission
levels and distances to exempt BART-eligible sources. Specifically, the
2008 Louisiana Regional Haze SIP included review of CALPUFF modeling of
a source owner, Valero, which demonstrated that Valero's BART-eligible
sources do not cause or contribute to visibility impairment at the
nearby Class I area, Breton National Wildlife Refuge (Breton). The
Valero plant is representative (similar stack height and parameters) of
the Houma and Plaquemine sources and can therefore be relied on in a
model plant analysis to demonstrate that, based on baseline emissions
and distance to the Class I area, the Houma and Plaquemine sources are
not anticipated to cause or contribute to visibility impairment at
Breton and are therefore not subject to BART.\29\ We analyzed the ratio
of visibility impairing pollutants, denoted as `Q' (NOX,
SO2, and PM-10 in tons/year) \30\ to the distance, denoted
as `D' (distance of source to Breton in km). For example, if two
sources were similar but one has a lower Q/D value, the lower ratio
value (either due to lower emissions and/or greater distance) would be
expected to have smaller visibility impacts at Breton. The Q/D ratio
for Houma and Plaquemine are significantly lower compared to Valero's
ratio (See Table 3). The Q/D ratios of Houma are approximately 20% of
Valero's, and Plaquemine's ratio is less than 10% of Valero's Q/D
ratio, and modeled impacts of the Valero source were less than the 0.5
dv threshold.
[[Page 22941]]
Therefore, the data demonstrates that visibility impacts from the BART-
eligible units at Houma and Plaquemine are reasonably anticipated to be
less than the modeled impacts from Valero and less than the 0.5 dv
threshold to screen out. See the CALPUFF Modeling TSD for additional
discussion of the model plant analysis.
---------------------------------------------------------------------------
\28\ See Appendix E of the 2008 Louisiana RH SIP contained in
the docket for the rulemaking at: 77 FR 11839, 11848.
\29\ See 40 CFR part 51 Appendix Y.
\30\ To calculate Q, the maximum 24-hr emissions for
NOX, SO2 and PM from the 2000-2004 baseline
were identified for each BART-eligible unit at a source (See Table
9.3 of the 2008 Louisiana RH SIP). Emissions are not paired in time
(i.e. max 24- hour NOX emissions value would not usually
be on the same day as max 24-hour SO2 emissions). The sum
of these daily max NOX, PM and SO2 emissions
were summed and then multiplied by 365 days.
---------------------------------------------------------------------------
We also note that on December 11, 2015, the Lafayette Utilities
System Louis ``Doc'' Bonin Generating Station advised our Clean Air
Markets Division that: Unit 1 last operated on June 22, 2011, and was
put into cold storage on June 1, 2013; Unit 2 last operated on July 5,
2013, and was put into cold storage on June 29, 2014; and Unit 3 last
operated on August 27, 2013, and was put into cold storage on June 24,
2014. The Midcontinent Independent System Operator (MISO) is currently
conducting a study to predict the future use of these unit(s) for
peaking purposes. If it is determined that these units are no longer
necessary to facilitate electrical power generation, they will be
retired.\31\ However, at this time Lafayette Utilities System has not
yet submitted a request to rescind the permit for the Louis ``Doc''
Bonin Electric Generating Station. Because placing the units in cold
storage is not a permanent and enforceable closure under the Regional
Haze requirements, we included Louis ``Doc'' Bonin in our model plant
analysis. The Q/D ratio for Louis ``Doc'' Bonin is significantly lower
compared to Valero's Q/D ratio (See Table 3). The ratio is less than
40% of Valero's ratio and modeled impacts of the Valero source were
less than the 0.5 dv threshold, which demonstrates that visibility
impairment from the BART-eligible units at Louis ``Doc'' Bonin are
reasonably anticipated to be less than the modeled impacts from Valero
and below the 0.5 dv threshold to screen out. The model plant analysis
demonstrates that, based on baseline emissions, the source is not
anticipated to cause or contribute to visibility impairment of any
Class I area, and is therefore not subject to BART. See the CALPUFF
Modeling TSD for additional discussion of the model plant analysis.
Because the modeling results demonstrate that Louis ``Doc'' Bonin is
not subject to BART, we propose to approve this portion of the 2017
Louisiana Regional Haze SIP.
---------------------------------------------------------------------------
\31\ See Appendix E of the 2017 Louisiana Regional Haze SIP.
Table 3--Model Plant Q/D Ratios
--------------------------------------------------------------------------------------------------------------------------------------------------------
Facility Max
Facility NOX (TPY) SOX (TPY) PM (TPY) emissions Distance to Q/D (TPY/ percentile
(TPY) Breton (km) km) Delta DV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Terrebonne Parish Consolidated Government Houma Generating Station. 909.8 3.65 7.3 930.75 165 5.64
Louisiana Energy and Power Authority Plaquemine Steam Plant........ 492.75 0 0 492.75 227.1 2.17
Lafayette Utilities System Louis ``Doc'' Bonin Electric Generating 2993 7.3 109.5 3109.8 298.9 10.04
Station...........................................................
Valero............................................................. 1876 1091 401.5 3368.5 139.3 24.18 0.484
--------------------------------------------------------------------------------------------------------------------------------------------------------
Based on the results of this analysis, we propose that the BART-
eligible sources identified in Table 4 are not reasonably anticipated
to cause or contribute to the visibility impairment at a Class I area
and are not subject to BART.
Table 4--Sources Screened Out Using Model Plant Analysis
----------------------------------------------------------------------------------------------------------------
Facility Name Units Parish
----------------------------------------------------------------------------------------------------------------
Louisiana Energy and Power Authority Boilers 1 and 2............. Iberville.
Plaquemine Steam Plant.
Lafayette Utilities System Louis ``Doc'' Units 1, 2, and 3........... Lafayette.
Bonin Electric Generating Station.
Terrebonne Parish Consolidated Government Units 15 and 16............. Terrebonne.
Houma Generating Station.
----------------------------------------------------------------------------------------------------------------
3. CALPUFF Modeling To Screen Out Sources
Some sources were modeled directly with CALPUFF to determine
whether the BART-eligible source causes or contributes to visibility
impairment in nearby Class I areas. The maximum 98th percentile impact
from the modeled years (calculated based on annual average natural
background conditions) was compared with the 0.5 dv screening threshold
following the modeling protocol described in the CALPUFF Modeling TSD.
The BART Guidelines recommend that states use the 24-hour average
actual emission rate from the highest emitting day of the
meteorological period modeled, unless this rate reflects periods of
start-up, shutdown, or malfunction. The maximum 24-hour emission rate
(lb/hr) for NOX and SO2 from the initial baseline
period (with the noted difference for Big Cajun II discussed below) for
each source was identified through a review of the daily emission data
for each BART-eligible unit from EPA's Air Markets Program Data.\32\
See the CALPUFF Modeling TSD for additional discussion and model
results for this portion of the screening analysis.
---------------------------------------------------------------------------
\32\ https://ampd.epa.gov/ampd/.
---------------------------------------------------------------------------
As previously discussed, LDEQ submitted its initial Regional Haze
SIP in 2008 and relied on CAIR as a substitute for BART for
SO2 and NOX for all of its BART-eligible EGUs.
Due to reliance on CAIR, that SIP submittal did not include a
determination of which BART-eligible EGUs were subject to BART. EPA's
limited disapproval of Louisiana's Regional Haze SIP due to the State's
reliance on CAIR revived Louisiana's obligation to provide a SIP to
fully address EGU BART.\33\ While Louisiana's 2017 Regional Haze SIP
revision relies on CSAPR for EGU BART for NOX, it does not
provide an alternative to source-by-source EGU BART for SO2
and PM. Therefore, Louisiana's 2017 Regional Haze SIP revision included
modeling of the impacts of the 24-hour maximum emission rate during the
2000-2004
[[Page 22942]]
baseline period (with the noted exception of Big Cajun II discussed
below) of all visibility-impairing pollutants from all BART-eligible
units at the facility. BART-eligible sources with visibility impacts
above the 0.5 dv threshold are subject to BART.
---------------------------------------------------------------------------
\33\ 77 FR 33642 (June 7, 2012).
---------------------------------------------------------------------------
The Big Cajun II Power Plant is a coal-fired power station owned
and operated by Louisiana Generating, LLC, (a subsidiary of NRG
Energy). In our prior action on the 2008 Regional Haze SIP submittal,
we approved Louisiana's determination that Big Cajun II has two BART-
eligible units, Unit 1 and Unit 2.\34\ Unit 1 is a coal-fired unit, and
Unit 2 was formerly a coal-fired unit but is now a gas-fired unit. The
LDEQ's screening modeling for Big Cajun II accounted for current
operating conditions at the facility. The modeling analysis was
conducted using the current enforceable short term emission limits from
the facility that reflect controls installed after the 2008 Regional
Haze SIP submittal.
---------------------------------------------------------------------------
\34\ See TSD Table 6 in the Rulemaking Docket numbered EPA-R06-
OAR-2008-0510.
---------------------------------------------------------------------------
On March 6, 2013, Louisiana Generating entered a consent decree
(CD) with EPA, the LDEQ, and others to resolve a complaint filed
against Louisiana Generating for several violations of the CAA at Big
Cajun II. U.S. et al v. Louisiana Generating, LLC, Civil Action No. 09-
100-JJB-RLB (M.D. La.). Among other things, the CD requires Louisiana
Generating to refuel Big Cajun II Unit 2 to natural gas, and install
and continuously operate dry sorbent injection (DSI) at Big Cajun II
Unit 1 while maintaining a 30-day rolling average SO2
emission rate of no greater than 0.380 lb/MMBtu by no later than April
15, 2015.\35\ Prior to the submittal of the 2017 Regional Haze SIP, the
LDEQ and Louisiana Generating entered into an Agreed Order on Consent
(AOC) that made these existing control requirements and maximum daily
emission limits permanent and enforceable for BART. The AOC is included
in Louisiana's 2017 SIP revision. Thus, if the EPA finalizes its
proposed approval of this portion of the SIP submittal, the control
requirements and emission limits will become permanent and federally
enforceable for purposes of regional haze. As these controls were not
installed to meet BART requirements, and existing enforceable emission
limits for Units 1 and 2 prevent the source from emitting at levels
seen during the 2000-2004 baseline, LDEQ's screening modeling in the
2017 Regional Haze SIP submittal utilizes the current daily emission
limits for these units in the AOC as representative of the anticipated
24-hr maximum emissions for screening modeling purposes. LDEQ's
modeling demonstrates that, based on these existing controls and
enforceable emission limits, Big Cajun II contributes less than 0.5 dv
at all impacted Class I areas, and therefore the facility is not
subject to BART.
---------------------------------------------------------------------------
\35\ CD paragraph 62 in the docket for this rulemaking.
---------------------------------------------------------------------------
It should be noted that in addition to requiring DSI, the
applicable enforcement CD requires Louisiana Generating to retire,
refuel, repower, or retrofit Big Cajun II Unit 1 by no later than April
1, 2025. Louisiana Generating must notify us of which option it will
select to comply with this condition no later than December 31, 2022,
and any option taken would produce significantly fewer emissions.\36\
---------------------------------------------------------------------------
\36\ CD paragraph 63 in the docket for this rulemaking.
---------------------------------------------------------------------------
With the use of CALPUFF modeling results, Louisiana concluded, and
we are proposing to agree, that the facilities listed in Table 5 have
visibility impacts of less than 0.5 dv,\37\ and therefore, are not
subject to BART:
---------------------------------------------------------------------------
\37\ In our previous action on Louisiana Regional Haze, we
approved Louisiana's selection of 0.5 dv as the threshold for
screening out BART-eligible sources. See 77 FR 11839, 11848.
Table 5--Sources With Visibility Impact of Less Than 0.5 dv
----------------------------------------------------------------------------------------------------------------
Facility name Units Parish
----------------------------------------------------------------------------------------------------------------
Cleco Teche.............................. Unit 3...................... St. Mary.
Entergy Sterlington...................... Unit 7...................... Ouachita.
Louisiana Generating (NRG) Big Cajun I... Units 1 and 2............... Point Coupee.
Louisiana Generating (NRG) Big Cajun II.. Units 1 and 2............... Pointe Coupee.
----------------------------------------------------------------------------------------------------------------
E. Subject to BART Sources
With the use of CALPUFF modeling results as discussed above,
Louisiana concluded, and we are proposing to agree, that the facilities
listed in Table 6 have visibility impacts greater than 0.5 dv. These
facilities are therefore subject to BART and must undergo a five-factor
analysis. See the CALPUFF Modeling TSD for our review of CALPUFF
modeling in the 2017 Louisiana Regional Haze SIP.
Table 6--Subject to BART Sources Addressed in This Proposal
----------------------------------------------------------------------------------------------------------------
Facility name Units Parish
----------------------------------------------------------------------------------------------------------------
Cleco Rodemacher/Brame................... Nesbitt I (Unit 1), Rapides.
Rodemacher II (Unit 2).
Entergy Waterford........................ Units 1, 2, and auxiliary St. Charles.
boiler.
Entergy Willow Glen...................... Units 2, 3, 4, 5, and Iberville.
auxiliary boiler.
Entergy Ninemile Point................... Units 4 and 5............... Jefferson.
Entergy Little Gypsy..................... Units 2, 3, and auxiliary St. Charles.
boiler.
----------------------------------------------------------------------------------------------------------------
We note that in addition to the CALPUFF modeling included in the
2017 Louisiana Regional Haze SIP submittal, the results of CAMx
modeling performed by Trinity consultants was included in the submittal
as additional screening analyses \38\ that purport to demonstrate that
the baseline visibility impacts from Cleco Brame and a
[[Page 22943]]
number of the Entergy sources \39\ are significantly less than the 0.5
dv threshold established by Louisiana. However, this modeling was not
conducted in accordance with the BART Guidelines and a previous
modeling protocol developed for the use of CAMx modeling for BART
screening (EPA, Texas and FLM representatives
approved),40 41 and does not properly assess the maximum
baseline impacts. Therefore, we agree with LDEQ's decision to not rely
on this CAMx modeling, but rather rely on the CALPUFF modeling for BART
determinations.\42\ We provide a detailed discussion of our review of
this CAMx modeling in the CAMx Modeling TSD. We also note that for the
largest emission sources, those with coal-fired units, we performed our
own CAMx modeling following the BART Guidelines and consistent with
previously agreed techniques and metrics of the Texas CAMx BART
screening protocol to provide additional information on visibility
impacts and impairment and address possible concerns with utilizing
CALPUFF to assess visibility impacts at Class I areas located farther
from the emission sources. See the CAMx Modeling TSD for additional
information on EPA's CAMx modeling protocol, inputs, and model results.
---------------------------------------------------------------------------
\38\ See October 10, 2016 Letter from Cleco Corporation to
Vivian Aucoin and Vennetta Hayes, LDEQ, RE: Cleco Corporation
Louisiana BART CAMx Modeling, included in Appendix B of the 2017
Louisiana Regional Haze SIP submittal; CAMx Modeling Report,
prepared for Entergy Services by Trinity Consultants, Inc. and All 4
Inc, October 14, 2016, included in Appendix D of the 2017 Louisiana
Regional Haze SIP submittal.
\39\ Entergy's CAMx modeling included model results for Michoud,
Little Gypsy, R.S. Nelson, Ninemile Point, Willow Glen, and
Waterford.
\40\ Texas had over 120 BART-eligible facilities located at a
wide range of distances to the nearest class I areas in their
original Regional Haze SIP. Due to the distances between sources and
Class I areas and the number of sources, Texas worked with EPA and
FLM representatives to develop a modeling protocol to conduct BART
screening of sources using CAMx photochemical modeling. Texas was
the only state that screened sources using CAMx and had a protocol
developed for how the modeling was to be performed and what metrics
had to be evaluated for determining if a source screened out. See
Guidance for the Application of the CAMx Hybrid Photochemical Grid
Model to Assess Visibility Impacts of Texas BART Sources at Class I
Areas, ENVIRON International, December 13, 2007, available in the
docket for this action.
\41\ EPA, the Texas Commission on Environmental Quality (TCEQ),
and FLM representatives verbally approved the approach in 2006 and
in email exchange with TCEQ representatives in February 2007 (see
email from Erik Snyder (EPA) to Greg Nudd of TCEQ Feb. 13, 2007 and
response email from Greg Nudd to Erik Snyder Feb. 15, 2007,
available in the docket for this action).
\42\ See Response to Comments in Appendix A of the 2017
Louisiana Regional Haze SIP submittal.
---------------------------------------------------------------------------
1. Reliance on CSAPR To Satisfy NOX BART
Louisiana's 2017 Regional Haze SIP submittal relies on CSAPR better
than BART for NOX for EGUs. We propose to find that the
NOX BART requirements for EGUs in Louisiana will be
satisfied by our determination, proposed for separate finalization,
that Louisiana's participation in CSAPR's ozone-season NOX
program is a permissible alternative to source-specific NOX
BART. We cannot finalize this portion of the proposed SIP approval
unless and until we finalize the proposed finding that CSAPR continues
to be better than BART \43\ because finalization of that proposal
provides the basis for Louisiana to rely on CSAPR participation as an
alternative to source-specific EGU BART for NOX.
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\43\ 81 FR 78954.
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2. Sources That Deferred a Five-Factor Analysis Due to a Change in
Operation
Entergy operates five BART-eligible units at the Willow Glen
Electric Generating Plant (Willow Glen) in Iberville Parish, Louisiana,
all of which burn natural gas. Unit 2 is an EGU boiler with a maximum
heat input capacity of 2,188 MMBtu/hr. Unit 3 is an EGU boiler with a
maximum heat input capacity of 5,900 MMBtu/hr. Unit 4 is an EGU boiler
with a maximum heat input capacity of 5,400 MMBtu/hr. Unit 5 is an EGU
boiler with a maximum heat input capacity of 5,544 MMBtu/hr. Unit 3
also has an auxiliary boiler with a maximum heat input capacity of 206
MMBtu/hr, which is itself BART-eligible. All of these units are also
permitted to burn fuel oil, but none has done so in several years.
Entergy has no operational plans to burn oil at these units in the
future. Entergy's analysis, included in the 2017 Louisiana Regional
Haze SIP Appendix D, addresses BART for the natural-gas-firing scenario
and does not consider emissions from fuel-oil firing. Entergy's
analysis states that if conditions change such that it becomes economic
to burn fuel oil, the facility will submit a five-factor BART analysis
for the fuel-oil firing scenario to Louisiana to be submitted to us as
a SIP revision. Until such a SIP revision is approved, the 2017
Louisiana Regional Haze SIP precludes fuel-oil combustion at the Willow
Glen facility. To make the prohibition on fuel-oil usage at Willow Glen
enforceable, Entergy and LDEQ entered an AOC, included in the SIP that
establishes the following requirement:
Before fuel oil firing is allowed to take place at Units 2, 3,
4, 5, and the auxiliary boiler at the Facility, a revised BART
determination must be promulgated for SO2 and PM for the
fuel oil firing scenario through a FIP or an action by the LDEQ as a
SIP revision and approved by EPA such that the action will become
federally enforceable.\44\
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\44\ See AOC in Appendix D of the 2017 Louisiana Regional Haze
SIP submittal.
With our final approval of this portion of the SIP submittal, the
conditions in the AOC will become federally enforceable for purposes of
regional haze. We propose to find that this approach is adequate to
address BART.\45\
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\45\ Under the AOC, if any of the five units at Willow Glen
decides to burn fuel oil, Entergy will complete a BART analysis for
each pollutant for the fuel oil firing scenario and submit the
analysis to the State. Upon receiving Entergy's submission
indicating that the units intend to switch to fuel oil, the State
will submit a SIP revision with BART determinations for the fuel oil
firing scenario for the units intending to switch to fuel oil. The
sources will not begin to burn fuel oil until we have approved the
submitted SIP revision containing the BART determinations.
---------------------------------------------------------------------------
With regard to BART requirements for the gas-firing scenario,
SO2 and PM emissions for the gas-only fired units that are
subject to BART are inherently low,\46\ and are so minimal that the
installation of any additional PM or SO2 controls on these
units would likely achieve very small emissions reductions and have
minimal visibility benefits. As there are no appropriate add-on
controls and the status quo reflects the most stringent controls, we
propose to agree with Louisiana that SO2 and PM BART is no
additional controls for the Willow Glen units when burning natural gas.
---------------------------------------------------------------------------
\46\ AP 42, Fifth Edition, Volume 1, Chapter 1: External
Sources, Section 1.4, Natural Gas Combustion, available here:
https://www3.epa.gov/ttn/chief/ap42/ch01/final/c01s04.pdf.
---------------------------------------------------------------------------
3. Louisiana's Five-Factor Analyses for SO2 and PM BART
In determining BART, the state must consider the five statutory
factors in section 169A of the CAA: (1) The costs of compliance; (2)
the energy and non-air quality environmental impacts of compliance; (3)
any existing pollution control technology in use at the source; (4) the
remaining useful life of the source; and (5) the degree of improvement
in visibility which may reasonably be anticipated to result from the
use of such technology. See also 40 CFR 51.308(e)(1)(ii)(A). All units
that are subject to BART must undergo a BART analysis. The BART
Guidelines break the analysis down into five steps: \47\
---------------------------------------------------------------------------
\47\ 70 FR 39103, 39164 (July 6, 2005) [40 CFR 51, App. Y].
STEP 1--Identify All Available Retrofit Control Technologies,
STEP 2--Eliminate Technically Infeasible Options,
STEP 3--Evaluate Control Effectiveness of Remaining Control
Technologies,
STEP 4--Evaluate Impacts and Document the Results, and
[[Page 22944]]
STEP 5--Evaluate Visibility Impacts.
As mentioned previously, we disapproved portions of Louisiana's
2008 Regional Haze SIP due to the state's reliance on CAIR as an
alternative to source-by-source BART for EGUs.\48\ Following our
limited disapproval, LDEQ worked closely with the BART-eligible
facilities and with us to revise its Regional Haze SIP, which resulted
in the submittal of its 2017 Regional Haze SIP. The 2017 SIP submittal
includes, among other things, a five-factor BART analysis for each
subject to BART source for PM and SO2. Louisiana's 2017
Regional Haze SIP relies on CSAPR participation as an alternative to
source-specific EGU BART for NOX. In evaluating the State's
2017 SIP revision, we reviewed each BART analysis for SO2
and PM for each subject to BART source and other relevant information
provided in the 2017 Regional Haze SIP submittal.
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\48\ 77 FR 33642.
---------------------------------------------------------------------------
a. Cleco Brame Energy Center
The Cleco Brame Energy Center includes two units that are subject
to BART. Nesbitt 1 (Brame Unit 1) is a 440-megawatt (MW) EGU boiler
that burns natural gas and is not equipped with any air pollution
controls. Rodemacher 2 (Brame Unit 2) is a 523 MW wall-fired EGU boiler
that burns Powder River Basin (PRB) coal. Cleco submitted a BART
screening analysis to us and LDEQ on August 31, 2015, and a BART five-
factor analysis dated October 31, 2015, revised April 14, 2016 and
April 18, 2016 in response to an information request.\49\ These
analyses were adopted and incorporated into Louisiana's 2017 Regional
Haze SIP (Appendix B).
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\49\ Wren Stenger, Section 114(a) Information Request letter to
Darren Olagues (Cleco), May 19, 2015.
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Nesbitt 1
Nesbitt 1 is currently permitted to burn natural gas and oil.
However, this unit has not burned oil in the recent past. LDEQ did not
conduct a five-factor BART analysis for Nesbitt 1, concluding that
``SO2 BART controls are satisfied through the conversion to
natural gas.'' \50\ The preamble to the BART Guidelines states: \51\
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\50\ See Cleco BART Analysis in Appendix B of the 2017 Louisiana
Regional Haze SIP.
\51\ 70 FR 39116.
Consistent with the CAA and the implementing regulations, States
can adopt a more streamlined approach to making BART determinations
where appropriate. Although BART determinations are based on the
totality of circumstances in a given situation, such as the distance
of the source from a Class I area, the type and amount of pollutant
at issue, and the availability and cost of controls, it is clear
that in some situations, one or more factors will clearly suggest an
outcome. Thus, for example, a State need not undertake an exhaustive
analysis of a source's impact on visibility resulting from
relatively minor emissions of a pollutant where it is clear that
controls would be costly and any improvements in visibility
resulting from reductions in emissions of that pollutant would be
negligible. In a scenario, for example, where a source emits
thousands of tons of SO2 but less than one hundred tons
of NOX, the State could easily conclude that requiring
expensive controls to reduce NOX would not be
---------------------------------------------------------------------------
appropriate.
SO2 and PM emissions from gas-fired units are inherently
low,\52\ so the installation of any additional PM or SO2
controls on this unit would likely achieve very small emissions
reductions and have minimal visibility benefits.
---------------------------------------------------------------------------
\52\ AP 42, Fifth Edition, Volume 1, Chapter 1: External
Sources, Section 1.4, Natural Gas Combustion, available here:
https://www3.epa.gov/ttn/chief/ap42/ch01/final/c01s04.pdf.
---------------------------------------------------------------------------
Before burning fuel oil at this unit, Cleco has committed to submit
a five-factor BART analysis for the fuel-oil-firing scenario to
Louisiana to be submitted to us as a SIP revision, and fuel oil
combustion will not take place until our final approval of that SIP
revision. To make the prohibition on fuel-oil usage at this unit
enforceable, Cleco and LDEQ entered an AOC that establishes enforceable
limits, consistent with the exclusive use of natural gas, of 3.0 lb/hr
SO2 and 37.3 lb/hr PM10 on 30-day rolling
averages and a limitation on Nesbitt 1 analogous to the limitation for
Willow Glen discussed previously.\53\ This AOC is included in
Louisiana's 2017 SIP revision. With our final approval of this portion
of the 2017 SIP submittal and the AOC, that limitation will become
federally enforceable for purposes of Regional Haze. We propose to find
this approach adequate to meet BART.
---------------------------------------------------------------------------
\53\ See AOC in Appendix B of the 2017 Louisiana Regional Haze
SIP.
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Rodemacher 2
As the 2017 Louisiana Regional Haze SIP indicates,\54\ recent
pollution control upgrades at Rodemacher 2 include:
---------------------------------------------------------------------------
\54\ See BART Analysis in Appendix B of the 2017 Louisiana
Regional Haze SIP.
Low-NOX burners (LNB) installed in 2008;
Low-sulfur coal combustion starting in 2009;
Selective non-catalytic reduction (SNCR) installed in
2014; and
DSI, activated carbon injection (ACI), and a fabric
filter baghouse installed in 2015.
In assessing SO2 BART, Cleco considered the five BART
factors we discuss above. In assessing feasible control technologies
and their effectiveness, Cleco considered an enhancement to the
existing DSI system, dry scrubbing (spray dry absorption, or SDA), and
wet scrubbing (wet flue gas desulfurization, or wet FGD). In
considering enhanced DSI, Cleco relied upon on-site testing it had
conducted to determine the performance potential of an enhanced DSI
system. The testing was conducted to evaluate the effectiveness of the
DSI system to control hydrochloric acid for compliance with the Mercury
and Air Toxics Standards (MATS), but the continuous emissions monitor
system (CEMS) was operating and capturing SO2 emissions data
during the test, which provided the necessary information to determine
the control efficiency of DSI and enhanced DSI for SO2.\55\
As a result of this testing, Cleco determined that the current and
enhanced DSI systems have SO2 removal efficiencies of
approximately 39% and 63%, respectively, with the enhanced DSI system
being capable of meeting a monthly SO2 emission limit of
0.30 lbs/MMBtu. Cleco secured this limit as part of the same AOC
referenced above for the Nesbitt 1. Cleco also assessed SDA and wet FGD
as being capable of meeting emission limits of 0.06 and 0.04 lbs/MMBtu,
respectively.
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\55\ See the April 5, 2016 letter to Guy Donaldson from Bill
Matthews in our docket.
---------------------------------------------------------------------------
In considering the costs of compliance for these controls, Cleco
concluded that the enhanced DSI system would not require any additional
capital expenses, but would require additional operating costs due to
the need for additional sorbent (trona). Cleco didn't specifically
address the energy impacts and non-air quality impacts of enhanced DSI,
but we conclude that any considerations regarding these factors would
be very minimal over the already installed DSI system. Cleco also
assessed the costs associated with installing and operating SDA and wet
FGD, as discussed below. In regards to energy impacts and non-air
quality impacts, Cleco concluded that wet FGD poses certain water and
waste disposal problems over SDA. Cleco concluded that remaining useful
life was not an important factor for any of the control scenarios.
In assessing visibility impacts, the state's submittal included
CALPUFF modeling evaluating the visibility benefits of DSI, enhanced
DSI, SDA, and wet FGD. We summarize the results of that modeling in
Table 7.
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\56\ DSI modeled at 0.41 lb/MMBtu, DSI and fabric filter are
already installed and operational.
[[Page 22945]]
Table 7--Anticipated Visibility Benefit Due to Controls on Cleco Rodemacher Unit 2
[CALPUFF, 98th percentile]
----------------------------------------------------------------------------------------------------------------
Visibility benefit of controls over baseline (dv)
Class I area Baseline ---------------------------------------------------------------
impact (dv) DSI \56\ Enhanced DSI SDA WFGD
----------------------------------------------------------------------------------------------------------------
Breton.......................... 0.724 0.134 0.226 0.436 0.445
Caney Creek..................... 0.734 0.085 0.122 0.311 0.322
----------------------------------------------------------------------------------------------------------------
Enhanced DSI achieves benefits of approximately 0.092 dv at Breton
and 0.037 dv at Caney Creek Wilderness (Caney Creek) over DSI and
benefits of 0.226 dv at Breton and 0.122 dv at Caney Creek over the
baseline impairment. The visibility benefits of SDA and wet FGD exceed
the benefits from enhanced DSI by approximately 0.2 dv at Caney Creek
and Breton.
We also performed our own CAMx modeling analysis for Cleco
Rodemacher Unit 2 following the BART Guidelines to evaluate the maximum
baseline visibility impacts and potential benefits from two levels of
controls, DSI at 0.41 lb/MMBtu and wet FGD at 0.04 lb/MMBtu, to
supplement the CALPUFF modeling. As discussed above, Louisiana relied
on CALPUFF modeling to inform BART determinations consistent with the
BART Guidelines. However, the use of CALPUFF is typically used for
distances less than 300-400 km. The Cleco Brame source is located 352
km from Caney Creek and 422 km from Breton. CAMx provides a
scientifically validated platform for assessment of visibility impacts
over a wide range of source-to-receptor distances. CAMx is also more
suited than some other modeling approaches for evaluating the impacts
of SO2, NOX, VOC, and PM emissions as it has a
more robust chemistry mechanism than CALPUFF. Our CAMx Modeling TSD
provides a detailed description of the modeling protocol, model inputs,
and model results, the latter of which is summarized in Table 8.
---------------------------------------------------------------------------
\57\ DSI modeled at 0.41 lb/MMBtu, DSI and fabric filter are
already installed and operational.
\58\ DSI modeled at 0.41 lb/MMBtu, DSI and fabric filter are
already installed and operational.
Table 8--Anticipated Visibility Benefit Due to Controls on Cleco Rodemacher Unit 2
[CAMX]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baseline Visibility benefit of controls Visibility benefit of controls
Baseline impact (dv) over baseline (dv) maximum over baseline (dv) average top
Class I area impact (dv) (average top impact ten impacted days
(maximum) ten impacted ---------------------------------------------------------------
days) DSI \57\ WFGD DSI \58\ WFGD
--------------------------------------------------------------------------------------------------------------------------------------------------------
Breton.................................................. 0.713 0.315 0.187 0.399 0.117 0.271
Caney Creek............................................. 2.051 1.005 0.119 0.238 0.271 0.459
--------------------------------------------------------------------------------------------------------------------------------------------------------
The CAMx-modeled visibility benefits of WFGD are 0.212 dv at Breton
and 0.119 dv at Caney Creek over those from DSI for the most impacted
day. Examining the top ten impacted days during the baseline period,
the average benefit on this set of days of WFGD over DSI is 0.154 dv at
Breton and 0.188 dv at Caney Creek. As enhanced DSI would reduce
SO2 emissions from an emission rate of 0.41 lb/MMBtu to 0.3
lb/MMBtu, enhanced DSI would lead to greater visibility benefits than
DSI. Thus, the visibility benefits of WFGD compared to enhanced DSI
would be smaller than those discussed above.
As explained in our TSD, we identified some uncertainties with
Cleco's BART analysis for Rodemacher 2. These include a lack of
documentation for cost figures, and the fact that the DSI testing that
Cleco relied on was not intended to evaluate DSI for SO2
control efficiency, which caused some uncertainty concerning the
potential control level of DSI and enhanced DSI. However, because DSI
and a fabric filter baghouse are already installed and operational, the
cost-effectiveness of Cleco's enhanced DSI is based only on the cost of
the additional reagent and no additional capital costs are involved.
Consequently, we believe that the uncertainty of Cleco's enhanced DSI
cost-effectiveness figures is low and that Cleco's estimated cost-
effectiveness of $967/ton \59\ is reasonable. Conversely, we believe
that significant uncertainty exists with respect to Cleco's cost-
effectiveness estimates for SDA and wet FGD--$8,589/ton and $5,580/ton,
respectively. Based on our experience reviewing and conducting control
cost analyses for many other facilities, we believe that Cleco's
estimates are likely too high.
---------------------------------------------------------------------------
\59\ Cleco lists this as an incremental cost-effectiveness
figure for enhanced DSI over the existing DSI system. However, the
enhanced DSI system has no additional capital costs, and when the
already sunk capital costs of the existing DSI system are removed
(which have been carried forward), the $967/ton figure becomes the
average cost-effectiveness value for enhanced DSI.
---------------------------------------------------------------------------
Nevertheless, even though the actual costs of SDA and wet FGD are
likely lower, enhanced DSI is more cost-effective and the incremental
costs of obtaining the additional 0.1-0.2 dv of visibility improvement
that can be achieved by SDA or wet FGD are likely to be high.
Therefore, we propose to agree with Louisiana's determination that
enhanced DSI is SO2 BART for Rodemacher 2, with a
SO2 emission limit of 0.30 lbs/MMBtu on a 30-day rolling
basis. LDEQ and Cleco entered into an AOC to make this limit
enforceable.
In assessing PM BART, Cleco notes that Rodemacher 2 is equipped
with an electrostatic precipitator (ESP) and a fabric filter baghouse,
which offer excellent PM control, and concludes that PM BART is no
further control. As discussed earlier, the BART rules allow for a more
streamlined approach to making BART determinations when
appropriate.\60\ The BART Guidelines further state that if a BART
source
[[Page 22946]]
already has controls that are among the most stringent available and
the controls are made federally enforceable for BART, the remainder of
the BART analysis is unnecessary.\61\ The existing ESP combined with
the baghouse meets the definition of ``among the most stringent
controls'' for PM at this unit and are made federally enforceable for
BART through the AOC. The AOC allows the unit to meet the emissions
limits by use of the ESP and the baghouse, conversion to natural gas
only, unit retirement, or another means of achieving compliance.
---------------------------------------------------------------------------
\60\ 70 FR 39116.
\61\ 40 CFR 51 Appendix Y.IV.D.1.9.
---------------------------------------------------------------------------
In addition, CALPUFF visibility modeling shows that baseline
impairment due to PM is very small, at 0.01 dv or less at both Breton
and Caney Creek compared to the overall visibility impairment from all
pollutants of approximately 0.6 dv.\62\ Our CAMx modeling estimates
that baseline visibility impairment due to PM emissions from the unit
is less than 1% of the total visibility impairment due to the unit, at
both Caney Creek and Breton.\63\ We propose to find that the visibility
impacts due to PM emissions are so minimal that any additional PM
controls would only result in very minimal visibility benefit that
could not justify the cost of any upgrades and/or operational changes
needed to achieve a more stringent emission limit. We therefore propose
to agree with Louisiana that no additional controls are required to
satisfy PM BART. LDEQ and Cleco entered into an AOC establishing an
enforceable limit on PM10 consistent with current controls
at 545 lb/hr on a 30-day rolling basis.
---------------------------------------------------------------------------
\62\ See Table 4-3 CLECO Brame Energy Center BART Five-Factor
Analysis, prepared by Trinity Consultants, October 31, 2015.
Available in Appendix B of the 2017 Regional Haze SIP submittal.
\63\ Calculated as percent of total extinction due to the unit.
See CAMx Modeling TSD for additional information.
---------------------------------------------------------------------------
b. Entergy Little Gypsy
Entergy operates three BART-eligible units at Little Gypsy
Generating Plant (Little Gypsy). Unit 2 is an EGU boiler with a maximum
heat input capacity of 4,550 MMBtu/hr that is permitted to burn natural
gas as its primary fuel, and No. 2 and No. 4 fuel oil as secondary
fuels. Unit 3 is an EGU boiler with a maximum heat input capacity of
5,578 MMBtu/hr that burns natural gas, but is also permitted to burn
fuel oil. The auxiliary boiler for Unit 3 has a maximum heat input
capacity of 252 MMBtu/hr and is permitted to burn only natural gas.
According to November 9, 2015 updated CALPUFF screening modeling
conducted by Trinity Consultants on behalf of Entergy,\64\ the baseline
visibility impacts of Little Gypsy are greater than 0.5 dv, so the 2017
SIP revision demonstrates that the three units at Little Gypsy are
subject to BART.\65\
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\64\ See Appendix D of the 2017 SIP submittal.
\65\ See CALPUFF Modeling TSD for a summary of model results.
---------------------------------------------------------------------------
LDEQ and Entergy entered into an AOC limiting fuel oil to ultra-low
sulfur diesel (ULSD) with a sulfur content of 0.0015% for both Units 2
and 3. As the BART Guidelines state, ``if a source commits to a BART
determination that consists of the most stringent controls available,
then there is no need to complete the remaining analyses.'' \66\
Entergy states that during the baseline period, Units 2 and 3 burned
fuel oil \67\ with an average sulfur content of 0.5%. Switching to ULSD
will result in a reduction of SO2 emissions of over 99%. We
propose to find that ULSD is the most stringent control available for
addressing SO2 emissions from fuel oil burning, and we
propose to agree with LDEQ that this satisfies BART for SO2
for Little Gypsy Unit 2.
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\66\ See 40 CFR part 51, Appendix Y, IV, D.
\67\ For this and all units herein assessed for BART, the
primary fuel burned has historically been pipeline quality natural
gas. Please see the TSD for more details.
---------------------------------------------------------------------------
The 2017 Louisiana Regional Haze SIP narrative does not include a
BART determination for the auxiliary boiler, but the BART analysis in
Appendix D of the SIP submittal does address the auxiliary boiler and
concludes that no additional controls are necessary for BART. The
auxiliary boiler is permitted to only burn natural gas. We note that
SO2 and PM emissions for gas-fired units are inherently low
\68\ and so minimal that the installation of any additional PM or
SO2 controls on such units would likely achieve very low
emissions reductions and minimal visibility benefits. As there are no
appropriate add-on controls and the status quo reflects the most
stringent controls, we propose to agree with LDEQ that SO2
and PM BART is no additional controls for the Little Gypsy auxiliary
boiler. For the same reason, we propose to approve LDEQ's conclusion
that PM BART for Little Gypsy Units 2 and 3 during gas-firing operation
is no additional controls.
---------------------------------------------------------------------------
\68\ AP 42, Fifth Edition, Volume 1, Chapter 1: External
Sources, Section 1.4, Natural Gas Combustion, available here:
https://www3.epa.gov/ttn/chief/ap42/ch01/final/c01s04.pdf.
---------------------------------------------------------------------------
With regards to PM BART for the fuel-oil-firing scenarios at Units
2 and 3, Louisiana evaluated wet ESP, wet scrubber, cyclone, and
switching fuels to 0.0015% S fuel oil (ULSD). In evaluating energy and
non-air quality impacts, the BART analysis identifies energy impacts
associated with energy usage for ESPs and scrubbers. In addition, ESPs
and scrubbers generate wastewater streams and the resulting wastewater
treatment will generate filter cake, requiring land-filling. LDEQ did
not identify any impacts regarding remaining useful life. The costs of
compliance for these add-on control options are very high compared to
their anticipated visibility benefits.\69\ The modeled visibility
benefits of add-on controls are very small and range from 0.0 dv to
0.037 dv for cyclone, wet scrubber, and wet ESP. Therefore, we propose
that the costs of add-on PM controls do not justify the expected
improvement in visibility. Accordingly, we are proposing to agree with
Louisiana that the fuel sulfur content limits contained in the AOC that
were determined to meet SO2 BART also satisfy PM BART.
---------------------------------------------------------------------------
\69\ See TSD for summary of PM control cost analysis.
---------------------------------------------------------------------------
c. Entergy Ninemile Point
Entergy operates two BART-eligible units at Ninemile Point Electric
Generating Plant (Ninemile Point). Unit 4 is an EGU boiler with a
maximum heat input capacity of 7,146 MMBtu/hr that burns primarily
natural gas and No. 2 and No. 4 fuel oil. Unit 5 is an EGU boiler with
a maximum heat input capacity of 7,152 MMBtu/hr that burns primarily
natural gas and No. 2 and No. 4 fuel oil. LDEQ's SIP submittal
demonstrates that the two units at Ninemile Point are subject to BART.
LDEQ and Entergy entered into an AOC limiting fuel oil to ULSD with a
sulfur content of 0.0015%. As the BART Guidelines state ``if a source
commits to a BART determination that consists of the most stringent
controls available, then there is no need to complete the remaining
analyses.'' \70\ Entergy states that during the baseline period these
units burned fuel oil with an average sulfur content of 0.3%. Switching
to ULSD will result in a reduction of SO2 emissions by over
99%. We propose to find that ULSD is the most stringent control
available for addressing SO2 emissions and we propose to
agree with LDEQ that this satisfies BART for SO2 for
Ninemile Point Units 4 and 5.
---------------------------------------------------------------------------
\70\ See 40 CFR part 51, Appendix Y, IV, D.
---------------------------------------------------------------------------
For PM BART for Units 4 and 5, Louisiana evaluated wet ESP, wet
scrubber, cyclones, and switching fuels to ULSD. In evaluating energy
and non-air quality impacts, the BART analysis identifies energy
impacts associated with energy usage for ESPs and scrubbers. In
addition, ESPs and
[[Page 22947]]
scrubbers generate wastewater streams and the resulting wastewater
treatment will generate filter cake, requiring land-filling. LDEQ did
not identify any impacts regarding the remaining useful life. The cost
of compliance for these add-on control options is very high compared to
the anticipated visibility benefits of controls. The modeled visibility
benefits of add-on controls are very small and range from 0 dv to 0.08
dv for cyclone, wet scrubber and wet ESP. The BART analyses in the 2017
Louisiana Regional Haze SIP demonstrate that the cost of retrofitting
the Units 4 and 5 with add-on PM controls would be extremely high
compared to the visibility benefit for any of the units.\71\ We believe
that the cost of add-on PM controls does not justify the minimal
expected improvement in visibility for these units. Accordingly, we are
proposing to agree with LDEQ's determination that the fuel content
limits for oil burning contained in the AOC that were determined to
meet SO2 BART also satisfy PM BART for Units 4 and 5.
---------------------------------------------------------------------------
\71\ See TSD for summary of PM control cost analysis.
---------------------------------------------------------------------------
d. Entergy Waterford
Entergy operates three BART-eligible units at the Waterford 1 & 2
\72\ Generating Plant (Waterford) in St. Charles Parish, Louisiana.
Unit 1 is an EGU boiler with a maximum heat input capacity of 4,440
MMBtu/hr that burns primarily natural gas and No. 6 fuel oil as its
secondary fuel. Unit 2 is an EGU boiler with a maximum heat input
capacity of 4,440 MMBtu/hr that burns primarily natural gas and No. 6
fuel oil as its secondary fuel. The auxiliary boiler (77 MMBtu/hr)
burns only natural gas. We propose to approve the determination that
Waterford Units 1 and 2, and the auxiliary boiler are subject to BART.
In assessing SO2 BART for Units 1 and 2, Louisiana
considered the five BART factors.
---------------------------------------------------------------------------
\72\ Note that the name of this facility is ``Waterford 1 & 2''
and is also has units that are referred to as ``Unit 1'' and ``Unit
2''.
---------------------------------------------------------------------------
In Step 1, SO2 control technologies of DSI, SDA, wet
scrubbing, and fuel switching were identified as available controls.
For gas-fired units that occasionally burn fuel oil, the BART
Guidelines recommend: ``For oil-fired units, regardless of size, you
should evaluate limiting the sulfur content of the fuel oil burned to 1
percent or less by weight.'' \73\ The Waterford units have only burned
residual fuel oil (No. 6). Entergy states that these units are only
physically capable of burning No. 6 fuel oil when not burning natural
gas and evaluated switching to 0.5% sulfur No. 6 fuel oil, the lowest
sulfur specification No. 6 fuel oil available.
---------------------------------------------------------------------------
\73\ 70 FR 39103, 39171 (July 6, 2005) [40 CFR 51, App. Y].
---------------------------------------------------------------------------
In Step 2, Louisiana eliminated all controls as technically
infeasible with the exception of fuel switching. We are aware, however,
of instances, although not at any facility in the U.S., in which FGDs
of various types have been installed or otherwise deemed feasible on a
boiler that burns oil.\74\ Consequently, we have supplemented
Louisiana's analysis with our own. We propose from our analysis, that
even if the LDEQ included analyses of these other control options, the
State's BART conclusion for Waterford would still be reasonable.\75\
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\74\ Crespi, M. ``Design of the FLOWPAC WFGD System for the
Amager Power Plant.'' Power-Gen FGD Operating Experience, November
29, 2006, Orlando, FL; Babcock and Wilcox. ``Wet Flue Gas
Desulfurization (FGD) Systems Advanced Multi-Pollutant Control
Technology.'' See Page 4: ``We have also provided systems for heavy
oil and Orimulsion fuels.'' DePriest, W; Gaikwad, R. ``Economics of
Lime and Limestone for Control of Sulfur Dioxide.'' See page 7: ``A
CFB unit, in Austria, is on a 275 MW size oil-fired boiler burning
1.0-2.0% sulfur oil.''
\75\ See the TSD for our analysis of these other control
options. We believe that the installation of any of these other add-
on control options, such as a scrubber, on any of these gas-fired
units that occasionally burn oil results in very high cost-
effectiveness values.
---------------------------------------------------------------------------
In addition, Louisiana evaluated switching from a 1% sulfur fuel
oil, which is approximately equal to the maximum sulfur content of the
fuel oil these units have burned, to a 0.5% sulfur fuel oil for Units 1
and 2. In addition to the Entergy BART report which Louisiana relied
upon, we have included our own fuel oil cost assessment in the TSD.
For Step 3, the technically feasible controls are ranked by control
effectiveness. The control effectiveness of switching from a higher
sulfur fuel oil to a lower sulfur fuel oil depends on the reduction in
sulfur emissions. Entergy states that these units are only physically
capable of burning No. 6 fuel oil when not burning natural gas and
evaluated switching to 0.5% sulfur No. 6 fuel oil, the lowest sulfur
specification No. 6 fuel oil available. We believe it is likely the
units could be modified to burn distillate fuel oils, with even lower
sulfur content, at low cost. We welcome the facility owner, Entergy, to
provide a cost estimate for the modification to burn distillate fuel
oils should it have concerns with this assumption.
Because we believe it likely that the facility could be modified to
burn distillate fuels at low cost, in addition to our consideration of
0.5% No. 6 fuel oil, we also considered No. 2 fuel oils with 0.3%
sulfur and ultra-low sulfur diesel, which has a sulfur content of
0.0015%.
In evaluating energy and non-air quality impacts, the BART analysis
in the 2017 SIP submittal states that there are no such impacts
associated with fuel switching. It also states that remaining useful
life does not impact the BART analysis. We believe Louisiana's
assessment of the impacts from fuel switching are reasonable.
Aside from our conclusion that modifications necessary to burn
distillate fuel oil are relatively minor, the cost-effectiveness of
fuel oil switching depends only on the cost of the lower sulfur fuel
oil relative to the baseline fuel oil. Information from the Energy
Information Agency (EIA) indicates that fuel oil of varying sulfur
contents is widely available across the U.S. EIA reports the prices for
various refinery petroleum products on a monthly and annual basis. See
the TSD for additional information on fuel oil prices utilized in our
analysis. In Table 9, we present the results of our calculations: \76\
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\76\ See the file, ``LA BART Fuel Oil Cost Analysis.xlsx'' for
the calculations and supporting data for these figures.
Table 9--Control Cost Analysis for Fuel Oil Switching From Residual Fuel Oil Baseline
----------------------------------------------------------------------------------------------------------------
Baseline: Residual Fuel Oil <=1%
-----------------------------------------------------------------------------------------------------------------
Tons reduced Cost
Cost for 1,000 per 1,000 effectiveness
barrels ($/yr) barrels ($/ton)
----------------------------------------------------------------------------------------------------------------
Business as usual (Residual fuel oil @1% S and $0.971/gal)...... $40,782
Moderate control (No. 2 fuel oil @0.3% S and $1.565/gal)........ 65,730 2.40 $10,385
High control (ULSD @0.0015% S and $1.667/gal)................... 70,014 3.29 8,878
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[[Page 22948]]
In assessing the visibility benefits of fuel switching, Louisiana
submitted CALPUFF modeling for 1% sulfur and 0.5% sulfur fuel oil. We
performed additional CALPUFF modeling to correct for errors in the
modeling and to evaluate the visibility benefits of additional fuel
types. See the CALPUFF Modeling TSD for additional information on
modeling inputs and results. The visibility benefits from fuel
switching are summarized in Table 10.
Table 10--Visibility Benefits of Fuel Switching at Waterford
[CALPUFF, 98th percentile]
----------------------------------------------------------------------------------------------------------------
Visibility Visibility Visibility
Class I area Baseline benefit (dv) benefit (dv) benefit (dv)
impact (dv) of 0.5% S of 0.3% S of 0.0015% S
----------------------------------------------------------------------------------------------------------------
Unit 1........................ Breton.......... 2.704 0.883 1.348 1.744
Unit 2........................ Breton.......... 2.378 0.798 1.207 1.601
----------------------------------------------------------------------------------------------------------------
The cost-effectiveness of switching to a lower sulfur fuel oil is
less attractive (higher $/ton) than other controls we have typically
required under BART. While the visibility benefits of switching fuel
types are significant, the cost-effectiveness in terms of $/ton is in
excess of $8,000/ton for the most stringent control option. We also
note that the facility primarily operates by burning natural gas and
the visibility benefits presented in Table 10 represent benefits only
for those periods when fuel oil is burned and would not occur during
natural gas operation. As discussed above, over the 2011-2015 period,
the highest annual emissions for SO2 reported for a unit at
the facility is only 69 tons/year. Considering this, we propose to
agree with the LDEQ's determination that no additional controls or fuel
switching are necessary to satisfy BART. The LDEQ and Entergy have
entered into an AOC limiting fuel oil sulfur content to 1% or less.
This enforceable limit is consistent with past practice, the baseline
level utilized in the BART analysis, and the minimum recommendation in
the BART Guidelines. We encourage Louisiana and Entergy to reconsider
switching to a lower sulfur fuel when assessing controls under
reasonable progress for future planning periods.
For PM BART for Units 1 and 2, Louisiana evaluated wet ESP, wet
scrubber, cyclones, and switching fuels to 0.5% S fuel oil. In
evaluating energy and non-air quality impacts, Louisiana identified
energy impacts associated with energy usage for ESPs and scrubbers. In
addition, ESPs and scrubbers generate wastewater streams and the
resulting wastewater treatment will generate filter cake, requiring
land-filling. Louisiana did not identify any impacts regarding
remaining useful life. The costs of compliance for these control
options are very high compared to their anticipated visibility
benefits. Modeled baseline visibility impacts from PM emissions are
very low. Modeled visibility impairment from baseline PM emissions are
less than 5% of the total modeled impact from the source. Entergy's
modeled visibility benefits of add-on controls are very small and range
from 0 dv to 0.06 dv for cyclone, wet scrubber, and wet ESP for each
unit. The BART analyses in the 2017 Louisiana Regional Haze SIP
demonstrate that the cost of retrofitting Units 1 and 2 with add-on PM
controls would be extremely high compared to the visibility benefits
for any of the units.\77\ LDEQ concluded that the costs of add-on PM
controls do not justify the minimal expected improvement in visibility
for these units. LDEQ included an analysis of fuel switching for PM
BART in its SO2 BART analysis, as PM reductions from fuel
switching were also included in the assessment of benefits from fuel
switching. Accordingly, we are proposing to agree with the
determination in the 2017 Louisiana Regional Haze SIP that the fuel
content limits for oil burning contained in the AOC that were
determined to meet SO2 BART also satisfy PM BART.
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\77\ See TSD for summary of PM control cost analysis.
---------------------------------------------------------------------------
The 2017 Louisiana Regional Haze SIP narrative does not include a
BART determination for the auxiliary boiler, but the BART analysis in
Appendix D of the 2017 SIP submittal does address the auxiliary boiler
and concludes that no additional controls are necessary for BART. The
auxiliary boiler only burns natural gas. We note that SO2
and PM emissions for gas-only units are inherently low,\78\ so the
installation of any additional PM or SO2 controls on such
units would likely achieve very low emissions reductions and minimal
visibility benefits. As there are no appropriate add-on controls, and
the status quo reflects the most stringent controls, we propose to
agree with Louisiana that SO2 and PM BART is no additional
controls for the Waterford auxiliary boiler.
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\78\ AP 42, Fifth Edition, Volume 1, Chapter 1: External
Sources, Section 1.4, Natural Gas Combustion, available here:
https://www3.epa.gov/ttn/chief/ap42/ch01/final/c01s04.pdf.
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III. Proposed Action
We are proposing to approve Louisiana's Regional Haze SIP revision
submitted on February 10, 2017, with the exception of the portion
related to the Entergy Nelson facility. We propose to approve the BART
determination for Michoud based on the draft permit, and note that we
expect the proposed permit removing Units 2 and 3 to be final before we
take final action to approve this portion of the 2017 Louisiana
Regional Haze SIP. Alternatively, LDEQ could submit another enforceable
document to ensure that Units 2 and 3 cannot restart without a BART
analysis and emission limits, or demonstrate the units have been
deconstructed to the point that they cannot restart without obtaining a
new NSR permit, making them not operational during the timeframe for
BART eligibility. Additionally, final approval of Louisiana's reliance
on CSAPR to satisfy NOX BART for EGUs is contingent upon our
finalization of the separate rulemaking, proposed on November 10, 2016
(81 FR 78954), that proposed to find that CSAPR continues to be better
than BART. Once we take final action on our proposed approval of
Louisiana's 2016 SIP revision addressing non-EGU BART,\79\ this
proposal, and a future proposed action to address SO2 and PM
BART for the Entergy Nelson facility, we will have fulfilled all
outstanding obligations with respect to the Louisiana regional haze
program for the first planning period.
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\79\ 81 FR 74750 (October 27, 2016).
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IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the
[[Page 22949]]
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely proposes to
approve state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January
21, 2011);
Does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.);
Is certified as not having a significant economic
impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62
FR 19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because it does not involve technical standards; 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, 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
proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxides, Visibility, Interstate transport of pollution, Regional haze,
Best available control technology.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 1, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-10108 Filed 5-18-17; 8:45 am]
BILLING CODE 6560-50-P