Air Plan Approval; Washington; Regional Haze Progress Report, 36752-36755 [2018-16266]
Download as PDF
<![CDATA[
36752
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 1, 2018.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 17, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770, the table in paragraph
(c) is amended by revising the entry for
‘‘1–3–4’’ under ‘‘Article 1. General
Provisions’’ ‘‘Rule 3. Ambient Air
Quality Standards’’ to read as follows:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
EPA approval date
Notes
Article 1. General Provisions
*
*
*
*
*
*
*
*
7/31/2018, [Insert Federal
Register citation].
*
*
*
Rule 3. Ambient Air Quality Standards
*
1–3–4 ................................
*
*
*
Ambient air quality standards .....................................
*
*
*
*
*
*
*
*
[FR Doc. 2018–16247 Filed 7–30–18; 8:45 am]
*
8/11/2017
*
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
daltland on DSKBBV9HB2PROD with RULES
40 CFR Part 52
[EPA–R10–OAR–2018–0001; FRL–9981–50Region 10]
Air Plan Approval; Washington;
Regional Haze Progress Report
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
16:21 Jul 30, 2018
Jkt 244001
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving a revision to
the regional haze State Implementation
Plan (SIP) submitted by Washington on
November 6, 2017. Washington
submitted its Regional Haze Progress
Report (‘‘progress report’’ or ‘‘report’’)
and a negative declaration stating that
further revision of the existing regional
haze SIP is not needed at this time.
SUMMARY:
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations
Washington submitted both the progress
report and the negative declaration in
the form of implementation plan
revisions as required by federal
regulations. The progress report
addresses the federal Regional Haze
Rule requirements under the Clean Air
Act to submit a report describing
progress in achieving reasonable
progress goals established for regional
haze and a determination of the
adequacy of the state’s existing plan
addressing regional haze.
DATES: This final rule is effective August
30, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0001. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
the disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov, or
please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section for additional availability
information.
Jeff
Hunt at (206) 553–0256, or hunt.jeff@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
I. Background Information
On May 31, 2018, the EPA proposed
to approve Washington’s Regional Haze
Progress Report (83 FR 24954). An
explanation of the Clean Air Act
requirements, a detailed analysis of the
submittal, and the EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking, and
will not be restated here. The public
comment period for the proposal ended
July 2, 2018.
daltland on DSKBBV9HB2PROD with RULES
II. Response to Comments
We received six comments on the
rulemaking. After reviewing the
comments, we have determined that
four of the comments are outside the
scope of our proposed action and fail to
identify any material issue necessitating
a response. The fifth and sixth
comments, submitted by TransAlta
Centralia Generation LLC (TransAlta)
and an anonymous commenter, are
described below.
VerDate Sep<11>2014
16:21 Jul 30, 2018
Jkt 244001
Comment 0012: In its comment,
TransAlta stated: ‘‘We write to comment
on the future operations of TransAlta’s
Centralia Power Plant in the Regional
Haze 5-Year Progress Report. The
Progress Report and its supporting
documents describe the ‘retirement’ or
‘closure’ of TransAlta’s Centralia Power
Plant in reference to reducing emissions
and impacts. However, TransAlta and a
number of other parties have always
anticipated that when the Centralia
Power Plant ceases coal-fired
operations, it would likely convert one
or both boilers to use gas instead of coal.
Rather than shuttering the plant,
TransAlta envisions retrofitting the
facility to accommodate fuel-switching
to natural gas as a means to supply
power for Washington State until
renewable energy is reliably sufficient.
TransAlta estimates a reduction in
emissions as a result of this fuelswitching, but does not anticipate
ceasing operations or closing the
Centralia Power Plant.’’ TransAlta then
requested that the EPA make specific
wording changes to the narrative text of
the state’s progress report, and
supporting documents, to reflect this
position.
Comment 0013: Purportedly in
response to TransAlta’s Comment 0012,
an anonymous commenter stated: ‘‘The
agreement to close a plant means that it
is CLOSED. The last minute attempt to
re-engineer the plant to burn a different
type of fossil fuel is a contradiction of
the plan.’’
Response: Under the Clean Air Act
the EPA has the authority to approve or
disapprove SIP revisions submitted by
the states. We do not have the authority
to modify the narrative text of state
submissions, or supporting documents,
other than disapproval or partial
disapproval. To the extent TransAlta
believes that Washington’s narrative
description of the existing best available
retrofit technology (BART) Order 6426
(order) is ambiguous or incorrect
regarding facility operation after 2020
and 2025, this comment could have
been submitted during the state public
comment period. In reviewing
Appendix G. Ecology’s Responses to
Comments Received during the Public
Comment Period, we see no evidence of
TransAlta requesting changes or
commenting on this issue during the
state public comment period.1
As discussed in the proposal for this
action, the primary purpose of the
1 The EPA was sent a copy of TransAlta’s
December 13, 2017, letter with similar comments.
This letter was written after the state public
comment period closed on August 1, 2017, and also
after submission of the SIP revision to the EPA on
November 6, 2017.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
36753
progress report is to evaluate whether
the existing regional haze plan is
adequate for meeting the reasonable
progress goals (RPGs) established for the
first regional haze planning period,
ending in 2018. The TransAlta BART
order, as approved into the SIP states,
‘‘Coal units BW21 and BW22 will
permanently cease burning coal and be
decommissioned as follows: (4.1) One
coal fired unit must permanently cease
burning coal no later than December 31,
2020. (4.2) The second coal fired unit
must permanently cease burning coal no
later than December 31, 2025.’’ To the
extent that TransAlta and Washington
may or may not agree about the
interpretation of these conditions as
they relate to potential future revisions
to the BART order, potential future
changes under the new source review
program, or potential use of the facility
beyond 2020 and 2025, we note these
issues are outside the scope of this
action evaluating progress during the
first planning period. We encourage
TransAlta to resolve these issues
directly with Washington as the state
develops the regional haze update for
the next planning period (2018–2028).
In the interim, we do not believe this
comment constitutes a sufficient basis
for disapproving or partially
disapproving Washington’s progress
report. As stated in our proposed
approval of Washington’s Regional Haze
Progress Report, the progress report
contained the information required by
40 CFR 51.308 and demonstrated that
Washington is meeting or exceeding all
reasonable progress goals for all Class I
areas within Washington’s borders, and
implementation of the regional haze SIP
has enabled other nearby states to meet
RPGs for Class I areas where
Washington sources are reasonably
anticipated to contribute to visibility
impairment. In addition, Washington’s
progress report contained an assessment
of the status of all measures included in
the SIP that were implemented during
the first planning period, such as
compliance with the BART emission
limit for nitrogen oxides at TransAlta’s
Centralia Power Plant. Therefore, our
position remains that the appropriate
action is to approve Washington’s
Regional Haze Progress Report.
III. Final Action
The EPA is approving the Washington
Regional Haze Progress Report,
submitted on November 6, 2017, as
meeting the applicable requirements of
the Clean Air Act and the federal
Regional Haze Rule, as set forth in 40
CFR 51.308(g). The EPA is also
approving Washington’s determination
that the existing regional haze SIP is
E:\FR\FM\31JYR1.SGM
31JYR1
36754
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations
adequate to meet the state’s visibility
goals established for the first planning
period and requires no substantive
revision at this time, as set forth in 40
CFR 51.308(h). We have also
determined that Washington fulfilled
the requirements in 40 CFR 51.308(i)
regarding state coordination with
Federal Land Managers.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable federal regulations. 42 U.S.C.
7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because actions such as SIP
approvals are exempted under
Executive Order 12866;
• 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
this action does not involve technical
standards; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land and is also
not approved to apply in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 1, 2018.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 23, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. In § 52.2470(e), amend table 2 by
adding the entry ‘‘Regional Haze
Progress Report’’ after the entry
‘‘Regional Haze State Implementation
Plan—BP Cherry Point Refinery BART
Revision’’ to read as follows:
■
§ 52.2470
*
Identification of plan.
*
*
(e) * * *
*
*
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
daltland on DSKBBV9HB2PROD with RULES
Name of SIP provision
Applicable
geographic or
nonattainment area
*
*
Regional Haze Progress Report ...
*
Statewide ...............
*
VerDate Sep<11>2014
*
16:21 Jul 30, 2018
State
submittal
date
*
Jkt 244001
PO 00000
*
11/6/2017
EPA approval date
Explanations
*
*
7/31/2018, [Insert Federal Register citation].
*
*
Frm 00032
Fmt 4700
*
Sfmt 4700
E:\FR\FM\31JYR1.SGM
*
31JYR1
*
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations
[FR Doc. 2018–16266 Filed 7–30–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2016–0076;
4500030115]
RIN 1018–BC82
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for Five Poecilotheria Tarantula
Species From Sri Lanka
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), determine
endangered species status under the
Endangered Species Act of 1973, as
amended, for the following five
tarantula species from Sri Lanka:
Poecilotheria fasciata, P. ornata, P.
smithi, P. subfusca, and P. vittata. The
effect of this regulation will be to add
these species to the List of Endangered
and Threatened Wildlife.
DATES: This rule becomes effective
August 30, 2018.
ADDRESSES: This final rule is available
on the internet at https://
www.regulations.gov at docket number
FWS–HQ–ES–2016–0076. Comments
and materials we received, as well as
supporting documentation we used in
preparing this rule, are available for
public inspection at https://
www.regulations.gov.
SUMMARY:
Don
Morgan, Chief, Branch of Delisting and
Foreign Species, Ecological Services,
U.S. Fish and Wildlife Service, MS: ES,
5275 Leesburg Pike, Falls Church, VA
22041–3803; telephone, 703–358–2171.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with RULES
Executive Summary
Why we need to publish a rule. Under
the Endangered Species Act of 1973, as
amended (Act; 16 U.S.C. 1531 et seq.),
a species may be protected through
listing as an endangered species or
threatened species if it meets the
definition of an ‘‘endangered species’’ or
‘‘threatened species’’ under the Act.
Listing a species as an endangered or
threatened species can only be
completed by issuing a rule.
VerDate Sep<11>2014
16:21 Jul 30, 2018
Jkt 244001
What this document does. This rule
will add the following five tarantula
species to the List of Endangered and
Threatened Wildlife in title 50 of the
Code of Federal Regulations (50 CFR
17.11(h)) as endangered species:
Poecilotheria fasciata, P. ornata, P.
smithi, P. subfusca, and P. vittata.
The basis for our action. Under the
Act, we use the best available scientific
and commercial data to determine
whether a species meets the definition
of a ‘‘threatened species’’ or an
‘‘endangered species’’ because of any
one or more of the following five factors
or the cumulative effects thereof: (A)
The present or threatened destruction,
modification, or curtailment of its
habitat or range; (B) Overutilization for
commercial, recreational, scientific, or
educational purposes; (C) Disease or
predation; (D) The inadequacy of
existing regulatory mechanisms; or (E)
Other natural or manmade factors
affecting its continued existence. We
have determined on the basis of the best
available scientific and commercial data
that P. fasciata, P. ornata, P. smithi, P.
subfusca, and P. vittata are in danger of
extinction because of ongoing habitat
loss and degradation and the cumulative
effects of this and other threat factors.
One species, P. smithi, is also in danger
of extinction because of the effects of
stochastic (random) processes.
Peer review and public comment. We
sought comments from independent
peer reviewers to ensure that our
designation is based on scientifically
sound data and analyses. We invited
these peer reviewers to comment on our
listing proposal. We also considered all
comments and information received
from the public during the comment
period.
Previous Federal Action
We received a petition, dated October
29, 2010, from WildEarth Guardians
requesting that the following 11
tarantula species in the genus
Poecilotheria be listed under the Act as
endangered or threatened: Poecilotheria
fasciata, P. formosa, P.
hanumavilasumica, P. metallica, P.
miranda, P. ornata, P. pederseni, P.
rufilata, P. smithi, P. striata, and P.
subfusca. The petition identified itself
as such and included the information as
required by 50 CFR 424.14(a). We
published a 90-day finding on December
3, 2013 (78 FR 72622), indicating that
the petition presents substantial
scientific and commercial information
indicating that listing these 11 species
may be warranted. At that time we also
(1) notified the public that we were
initiating a review of the status of these
species to determine if listing them is
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
36755
warranted, (2) requested from the public
scientific and commercial data and
other information regarding the species,
and (3) notified the public that at the
conclusion of our review of the status of
these species, we would issue a 12month finding on the petition, as
provided in section 4(b)(3)(B) of the Act.
We published a 12-month finding and
proposed rule for listing the five
Poecilotheria species that are endemic
to Sri Lanka (Poecilotheria fasciata, P.
ornata, P. pederseni, P. smithi, and P.
subfusca) on December 14, 2016 (81 FR
90297). In our 12-month finding and
proposed rule we determined that these
five species were in danger of extinction
throughout their ranges and proposed
listing them as endangered under the
Act. We requested input from the
public, range country, other interested
parties, and peer reviewers during a 60day public comment period that ended
February 13, 2017.
Summary of Changes From the
Proposed Rule
In preparing this final rule, we
reviewed and fully considered
comments from the public and peer
reviewers on the proposed rule. This
final rule incorporates minor changes to
our proposed listing based on the
comments we received (See: Summary
of Comments and Recommendations).
Background
Taxonomy and Species Descriptions
Poecilotheria is a genus of arboreal
spiders endemic to Sri Lanka and India.
The genus belongs to the family
Theraphosidae, often referred to as
tarantulas, within the infraorder
Mygalomorphae. As with most
theraphosid genera, Poecilotheria is a
poorly understood genus. The taxonomy
has never been studied using modern
DNA technology; therefore, species
descriptions are based solely on
morphological characteristics.
Consequently, there have been several
revisions, additions, and subtractions to
the list of Poecilotheria species over the
last 20 years (Nanayakkara 2014a, pp.
71–72; Gabriel et al. 2013, entire).
The World Spider Catalog (2017,
unpaginated; 2016, unpaginated)
currently recognizes 14 species of
Poecilotheria. The Integrated
Taxonomic Information System
currently identifies 16 species in the
genus, based on the 2011 version of the
same catalog. Because the World Spider
Catalog is the widely accepted authority
on spider taxonomy, we consider the
Poecilotheria species recognized by the
most recent (2017) version of this
catalog to be valid. Based on the World
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Rules and Regulations]
[Pages 36752-36755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16266]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0001; FRL-9981-50-Region 10]
Air Plan Approval; Washington; Regional Haze Progress Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the regional haze State Implementation Plan (SIP) submitted
by Washington on November 6, 2017. Washington submitted its Regional
Haze Progress Report (``progress report'' or ``report'') and a negative
declaration stating that further revision of the existing regional haze
SIP is not needed at this time.
[[Page 36753]]
Washington submitted both the progress report and the negative
declaration in the form of implementation plan revisions as required by
federal regulations. The progress report addresses the federal Regional
Haze Rule requirements under the Clean Air Act to submit a report
describing progress in achieving reasonable progress goals established
for regional haze and a determination of the adequacy of the state's
existing plan addressing regional haze.
DATES: This final rule is effective August 30, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0001. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information the disclosure of which is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and is publicly available only in hard copy form. Publicly
available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
I. Background Information
On May 31, 2018, the EPA proposed to approve Washington's Regional
Haze Progress Report (83 FR 24954). An explanation of the Clean Air Act
requirements, a detailed analysis of the submittal, and the EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking, and will not be restated here. The public comment period
for the proposal ended July 2, 2018.
II. Response to Comments
We received six comments on the rulemaking. After reviewing the
comments, we have determined that four of the comments are outside the
scope of our proposed action and fail to identify any material issue
necessitating a response. The fifth and sixth comments, submitted by
TransAlta Centralia Generation LLC (TransAlta) and an anonymous
commenter, are described below.
Comment 0012: In its comment, TransAlta stated: ``We write to
comment on the future operations of TransAlta's Centralia Power Plant
in the Regional Haze 5-Year Progress Report. The Progress Report and
its supporting documents describe the `retirement' or `closure' of
TransAlta's Centralia Power Plant in reference to reducing emissions
and impacts. However, TransAlta and a number of other parties have
always anticipated that when the Centralia Power Plant ceases coal-
fired operations, it would likely convert one or both boilers to use
gas instead of coal. Rather than shuttering the plant, TransAlta
envisions retrofitting the facility to accommodate fuel-switching to
natural gas as a means to supply power for Washington State until
renewable energy is reliably sufficient. TransAlta estimates a
reduction in emissions as a result of this fuel-switching, but does not
anticipate ceasing operations or closing the Centralia Power Plant.''
TransAlta then requested that the EPA make specific wording changes to
the narrative text of the state's progress report, and supporting
documents, to reflect this position.
Comment 0013: Purportedly in response to TransAlta's Comment 0012,
an anonymous commenter stated: ``The agreement to close a plant means
that it is CLOSED. The last minute attempt to re-engineer the plant to
burn a different type of fossil fuel is a contradiction of the plan.''
Response: Under the Clean Air Act the EPA has the authority to
approve or disapprove SIP revisions submitted by the states. We do not
have the authority to modify the narrative text of state submissions,
or supporting documents, other than disapproval or partial disapproval.
To the extent TransAlta believes that Washington's narrative
description of the existing best available retrofit technology (BART)
Order 6426 (order) is ambiguous or incorrect regarding facility
operation after 2020 and 2025, this comment could have been submitted
during the state public comment period. In reviewing Appendix G.
Ecology's Responses to Comments Received during the Public Comment
Period, we see no evidence of TransAlta requesting changes or
commenting on this issue during the state public comment period.\1\
---------------------------------------------------------------------------
\1\ The EPA was sent a copy of TransAlta's December 13, 2017,
letter with similar comments. This letter was written after the
state public comment period closed on August 1, 2017, and also after
submission of the SIP revision to the EPA on November 6, 2017.
---------------------------------------------------------------------------
As discussed in the proposal for this action, the primary purpose
of the progress report is to evaluate whether the existing regional
haze plan is adequate for meeting the reasonable progress goals (RPGs)
established for the first regional haze planning period, ending in
2018. The TransAlta BART order, as approved into the SIP states, ``Coal
units BW21 and BW22 will permanently cease burning coal and be
decommissioned as follows: (4.1) One coal fired unit must permanently
cease burning coal no later than December 31, 2020. (4.2) The second
coal fired unit must permanently cease burning coal no later than
December 31, 2025.'' To the extent that TransAlta and Washington may or
may not agree about the interpretation of these conditions as they
relate to potential future revisions to the BART order, potential
future changes under the new source review program, or potential use of
the facility beyond 2020 and 2025, we note these issues are outside the
scope of this action evaluating progress during the first planning
period. We encourage TransAlta to resolve these issues directly with
Washington as the state develops the regional haze update for the next
planning period (2018-2028). In the interim, we do not believe this
comment constitutes a sufficient basis for disapproving or partially
disapproving Washington's progress report. As stated in our proposed
approval of Washington's Regional Haze Progress Report, the progress
report contained the information required by 40 CFR 51.308 and
demonstrated that Washington is meeting or exceeding all reasonable
progress goals for all Class I areas within Washington's borders, and
implementation of the regional haze SIP has enabled other nearby states
to meet RPGs for Class I areas where Washington sources are reasonably
anticipated to contribute to visibility impairment. In addition,
Washington's progress report contained an assessment of the status of
all measures included in the SIP that were implemented during the first
planning period, such as compliance with the BART emission limit for
nitrogen oxides at TransAlta's Centralia Power Plant. Therefore, our
position remains that the appropriate action is to approve Washington's
Regional Haze Progress Report.
III. Final Action
The EPA is approving the Washington Regional Haze Progress Report,
submitted on November 6, 2017, as meeting the applicable requirements
of the Clean Air Act and the federal Regional Haze Rule, as set forth
in 40 CFR 51.308(g). The EPA is also approving Washington's
determination that the existing regional haze SIP is
[[Page 36754]]
adequate to meet the state's visibility goals established for the first
planning period and requires no substantive revision at this time, as
set forth in 40 CFR 51.308(h). We have also determined that Washington
fulfilled the requirements in 40 CFR 51.308(i) regarding state
coordination with Federal Land Managers.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because actions such as SIP approvals are
exempted under Executive Order 12866;
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 this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land and
is also not approved to apply in any other area where the EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, the rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 1, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 23, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. In Sec. 52.2470(e), amend table 2 by adding the entry ``Regional
Haze Progress Report'' after the entry ``Regional Haze State
Implementation Plan--BP Cherry Point Refinery BART Revision'' to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(e) * * *
Table 2--Attainment, Maintenance, and Other Plans
----------------------------------------------------------------------------------------------------------------
State
Name of SIP provision Applicable geographic or submittal EPA approval date Explanations
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Progress Report.. Statewide.................. 11/6/2017 7/31/2018, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 36755]]
[FR Doc. 2018-16266 Filed 7-30-18; 8:45 am]
BILLING CODE 6560-50-P
