Air Plan Approval; Wyoming; Revisions to Regional Haze State Implementation Plan, 25200-25216 [2024-07414]
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Proposed Rules
(b) The draw of the Umpqua River
railroad bridge, mile 11.5 at Reedsport,
shall open on signal if at least twohours’ notice is given via telephone.
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Dated: April 4, 2024.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2024–07578 Filed 4–9–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2022–0536; FRL–11829–
01–R8]
Air Plan Approval; Wyoming;
Revisions to Regional Haze State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Wyoming on December 30, 2022, and
supplemented on August 31, 2023, and
November 16, 2023, addressing regional
haze (Wyoming 2022 SIP revision). The
Wyoming 2022 SIP revision replaces
Wyoming’s previously approved sourcespecific nitrogen oxide (NOX)
determination for PacifiCorp’s Jim
Bridger power plant (Jim Bridger) Units
1 and 2 of 0.07 lb/MMBtu for each unit
associated with the installation of
selective catalytic reduction (SCR)
controls to address the long-term
strategy. Specifically, the Wyoming
2022 SIP revision finds that conversion
from coal-firing to natural gas-firing,
together with NOX emission and heat
input limits of 0.12 lb/MMBtu (30-day
rolling average), 1,314 tons/year, and
21,900,000 MMBtu/year, respectively,
allows for identical reasonable progress
during the first planning period as the
installation SCR controls. Separately,
we are also proposing to approve
Wyoming’s monthly and annual NOX
and sulfur dioxide (SO2) emissions
limits for Jim Bridger Units 1–4. The
EPA is proposing this action pursuant to
sections 110 and 169A of the Clean Air
Act (CAA).
DATES: Comments: Written comments
must be received on or before May 10,
2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2022–0536, to the Federal
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SUMMARY:
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Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.regulations.gov. The 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. 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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available electronically in
https://www.regulations.gov. Please
email or call the person listed in the FOR
FURTHER INFORMATION CONTACT section if
you need to make alternative
arrangements for access to the docket.
FOR FURTHER INFORMATION CONTACT:
Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode 8P–
ARD, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, telephone
number: (303) 312–6252, email address:
dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. What action is the EPA proposing?
II. Background
A. Requirements of the Clean Air Act and
the EPA’s Regional Haze Rule
B. Best Available Retrofit Technology
(BART)
C. Long-Term Strategy and Reasonable
Progress Requirements
D. Consultation With Federal Land
Managers (FLMs)
E. Monitoring, Recordkeeping, and
Reporting
III. Wyoming’s Regional Haze SIP Submittals
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A. Background and Wyoming’s Initial
Regional Haze SIP
B. November 2017 Regional Haze Progress
Report
C. May 2020 Regional Haze SIP Revision
D. December 2022 Regional Haze SIP
Revision
E. Wyoming’s Reassessment of Reasonable
Progress Under Long-Term Strategy
1. Costs of Compliance
2. Time Necessary for Compliance
3. Energy and Non-Air Quality
Environmental Impacts of Compliance
4. Remaining Useful Life
5. Reasonable Progress Demonstration
F. Summary of Wyoming’s Additional
Proposed Revisions to the Emission
Limits for Jim Bridger
IV. The EPA’s Evaluation and Proposed
Approval of Wyoming’s Regional Haze
SIP Revisions
A. The EPA’s Proposed Approval of
Wyoming’s Reasonable Progress
Determination for Jim Bridger Units 1
and 2
1. Basis for the EPA’s Proposed Approval
a. Costs of Compliance
b. Other Statutory Factors
c. Analysis of Projected Emissions
Reductions Achievable
2. Summary of the EPA’s Evaluation of
Wyoming’s Reasonable Progress
Demonstration
B. The EPA’s Proposed Approval of
Wyoming’s Long-Term Strategy for Jim
Bridger Units 1 and 2
C. Monthly and Annual NOX and SO2
Emission Limits for Jim Bridger Units 1–
4
D. Monitoring, Recordkeeping, and
Reporting
E. Consultation With Federal Land
Managers
V. Clean Air Act Section 110(l)
VI. Summary of the EPA’s Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The Jim Bridger power plant is
located in Sweetwater County,
Wyoming, and is owned in part, and
operated, by PacifiCorp. The power
plant is composed of four 530 megawatt
(MW) tangentially fired boilers burning
pulverized coal for a total net generating
capacity of 2,120 MW.
On January 30, 2014, the EPA
promulgated a final rule titled,
‘‘Approval, Disapproval and
Promulgation of Implementation Plans;
State of Wyoming; Regional Haze State
Implementation Plan; Federal
Implementation Plan for Regional
Haze,’’ approving, in part, a regional
haze SIP revision submitted by the State
of Wyoming on January 12, 2011 (2014
final rule).1 In the 2014 final rule, the
EPA approved Wyoming’s
determination to require low-NOX
burners (LNB) and separated overfire air
(SOFA) at Jim Bridger Units 1–4, with
1 79
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a NOX best available retrofit technology
(BART) emission limit of 0.26 pounds
per million British Thermal Units (lb/
MMBtu) (30-day rolling average) for Jim
Bridger Units 1–4.2 The EPA also
approved Wyoming’s determination to
require SCR at Jim Bridger Units 1–4,
with a NOX emission limit of 0.07 lb/
MMBtu (30-day rolling average), as part
of its long-term strategy.3
The EPA is proposing to approve a
SIP revision submitted by the State to
the EPA on December 30, 2022, and
supplemented on August 31, 2023, and
November 16, 2023, which will replace
the previously approved NOX emission
limit of 0.07 lb/MMBtu (30-day rolling
average) at Jim Bridger Units 1 and 2 for
Wyoming’s long-term strategy.4 The
Wyoming 2022 SIP revision amends the
State’s previously approved long-term
strategy for the first Regional Haze
planning period and is requiring Jim
Bridger Units 1 and 2 to operate
consistent with conversion from coalfiring to natural gas-firing by January 1,
2024, with NOX emission limits of 0.12
lb/MMBtu (30-day rolling average) and
1,314 tons/year for each unit and a heat
input limit of 21,900,000 MMBtu/year
per unit. The Wyoming 2022 SIP
revision reflects changes to Chapters 7
and 8 of Wyoming’s regional haze SIP
narrative 5 and incorporates certain
conditions of Wyoming air quality
permits #P0025809 and #P0036941,
some conditions of which were
memorialized in a Wyoming courtapproved consent decree between
Wyoming and PacifiCorp.6 7 Ultimately,
2 Wyoming determined that all four units are
subject to BART. 77 FR 33022, 33030, 33035 (June
4, 2012).
3 The BART determination compliance date for
all units was March 4, 2019. Long-term strategy
determination compliance dates for each include:
Unit 1 = December 31, 2022; Unit 2 = December 31,
2021; Unit 3 = December 31, 2015; and Unit 4 =
December 31, 2016.
4 On May 23, 2022, Wyoming submitted a draft
SIP revision and requested that the EPA parallel
process this revision to their Regional Haze 309(g)
first planning period SIP. Parallel processing
generally refers to concurrent state and federal
proposed rulemaking actions. In this action,
however, the state submitted a final SIP revision
after the state concluded its state rulemaking action
thus we are proposing action on the state’s final SIP
revision and are not parallel processing the
rulemaking.
5 State of Wyoming, ‘‘Addressing Regional Haze
Visibility Protection For The Mandatory Federal
Class I Areas Required Under 40 CFR 51.309,’’
Revised May 23, 2022 (‘‘Wyoming 2022 SIP
revision’’).
6 Consent Decree, State of Wyoming v. PacifiCorp,
Docket No. 2022–CV–200–333, First Judicial
District Court, Laramie, Wyoming. (February 14,
2022).
7 An EPA Administrative Compliance Order On
Consent found PacifiCorp in violation of the
Wyoming SIP and the Clean Air Act and ordered
PacifiCorp to comply, no later than June 9, 2023,
with the terms of the Wyoming 2022 SIP revision,
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the Wyoming 2022 SIP revision finds
conversion from coal-firing to natural
gas-firing, together with NOX emission
and heat input limits, to be sufficient for
reasonable progress during the first
planning period, and finds the emission
limits associated with the installation of
SCR controls are no longer required.
The State also included NOX and SO2
monthly and annual emissions limits for
Jim Bridger Units 1–4.8
II. Background
A. Requirements of the Clean Air Act
and the EPA’s Regional Haze Rule
In section 169A of the CAA, Congress
created a program for protecting
visibility in 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, impairment
of visibility in mandatory Class I
Federal areas which impairment results
from manmade air pollution.’’ 9
The EPA promulgated a rule to
address regional haze on July 1, 1999.10
The Regional Haze Rule revised the
existing visibility regulations 11 to
integrate provisions addressing regional
haze and established a comprehensive
visibility protection program for Class I
areas. The requirements for regional
haze, found at 40 CFR 51.308 and 40
CFR 51.309, are included in the EPA’s
based on the requirements found in the February
14, 2022 consent decree. EPA Administrative
Compliance Order On Consent, PacifiCorp—Jim
Bridger Power Plant, CAA–08–2022–0006 (EPA
June 9, 2022).
8 These limits represent a separate SIP component
from Wyoming’s long-term strategy analysis and
determination. See sections IV.C. and VI.
9 42 U.S.C. 7491(a). Areas designated as
mandatory Class I Federal areas consist of national
parks exceeding 6,000 acres, wilderness areas and
national memorial parks exceeding 5,000 acres, and
all international parks that were in existence on
August 7, 1977. 42 U.S.C. 7472(a). In accordance
with section 169A of the CAA, the EPA, in
consultation with the Department of Interior,
promulgated a list of 156 areas where visibility is
identified as an important value. 44 FR 69122
(November 30, 1979). The extent of a mandatory
Class I area includes subsequent changes in
boundaries, such as park expansions. 42 U.S.C.
7472(a). Although states and tribes may designate
as Class I additional areas whose visibility they
consider to be an important value, the requirements
of the visibility program set forth in section 169A
of the CAA apply only to ‘‘mandatory Class I
Federal areas.’’ Each mandatory Class I Federal area
is the responsibility of a ‘‘Federal Land Manager.’’
42 U.S.C. 7602(i). When we use the term ‘‘Class I
area’’ in this action, we mean a ‘‘mandatory Class
I Federal area.’’
10 64 FR 35714, 35714 (July 1, 1999) (codified at
40 CFR part 51, subpart P).
11 The EPA had previously 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 (RAVI). 45 FR
80084, 80084 (December 2, 1980).
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25201
visibility protection regulations at 40
CFR 51.300 through 40 CFR 51.309.12
The CAA requires each state to
develop a SIP to meet various air quality
requirements, including protection of
visibility.13 Regional haze SIPs must
assure reasonable progress toward the
national goal of preventing future and
remedying existing manmade visibility
impairment in Class I areas. A state
must submit its SIP and SIP revisions to
the EPA for approval.14 Once approved,
a SIP is enforceable by the EPA and
citizens under the CAA; that is, the SIP
is federally enforceable.
B. Best Available Retrofit Technology
(BART)
Section 169A(b)(2) of the CAA
requires SIPs to contain such measures
as may be necessary to make reasonable
progress toward meeting the national
visibility goal. Section 169(b)(2)(A)
specifies that one such requirement for
the first regional haze planning period
is for certain categories of existing major
stationary sources built between 1962
and 1977 to procure, install, and operate
BART as determined by the states
through their SIPs. Under the Regional
Haze Rule, states (or the EPA, in the
promulgation of a federal
implementation plan (FIP)) are directed
to conduct BART determinations for
‘‘BART-eligible’’ sources—typically
larger, often uncontrolled, and older
stationary sources—that may reasonably
be anticipated to cause or contribute to
any visibility impairment in a Class I
area.15 States must consider the
following five factors in making BART
determinations: (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 of visibility which may
reasonably be anticipated to result from
12 The EPA revised the Regional Haze Rule on
January 10, 2017. 82 FR 3078 (January 10, 2017).
Under the revised Regional Haze Rule, the
requirements 40 CFR 51.308(d) and (e) apply to first
implementation period SIP submissions and
51.308(f) applies to submissions for the second and
subsequent implementation periods. 82 FR 3087;
see also 81 FR 26942, 26952 (May 4, 2016).
13 42 U.S.C. 7410(a), 7491, and 7492(a); CAA
sections 110(a), 169A, and 169B.
14 42 U.S.C. 7491(b)(2); 7410.
15 40 CFR 51.308(e). The EPA designed the
Guidelines for BART Determinations Under the
Regional Haze Rule (Guidelines) 40 CFR appendix
Y to part 51 ‘‘to help States and others (1) identify
those sources that must comply with the BART
requirement, and (2) determine the level of control
technology that represents BART for each source.’’
Guidelines, section I.A. section II. of the Guidelines
describes the four steps to identify BART sources,
and section III. explains how to identify BART
sources (i.e., sources that are ‘‘subject to BART’’).
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the use of such technology.16 Rather
than 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 will achieve greater
reasonable progress toward natural
visibility conditions than BART.17
One such BART alternative is
included in 40 CFR 51.309 and is an
option for nine states termed the
‘‘Transport Region States,’’ which
include Arizona, California, Colorado,
Idaho, Nevada, New Mexico, Oregon,
Utah, and Wyoming. Transport Region
States can adopt regional haze strategies
based on recommendations from the
Grand Canyon Visibility Transport
Commission (GCVTC) for protecting the
16 Class I areas on the Colorado
Plateau.18
As part of its overall plan for making
reasonable progress towards the
national visibility goal for the 16 Class
I areas, the GCVTC submitted an annex
to the EPA, known as the Western SO2
Backstop Trading Program, containing
annual SO2 emissions reduction
milestones and detailed provisions of a
backstop trading program to be
implemented automatically if measures
fail to achieve the SO2 milestones. The
EPA approved the Backstop Trading
Program as a BART alternative for SO2
emissions.19 Transport Region States’
SIPs must also contain any necessary
long-term strategy and BART
requirements for stationary-source
particulate matter (PM) and NOX
emissions.20
C. Long-Term Strategy and Reasonable
Progress Requirements
In addition to the BART requirements,
the CAA’s visibility protection
provisions also require that states’
regional haze SIPs contain a ‘‘long-term
(ten to fifteen years) strategy for making
reasonable progress toward meeting the
national goal. . . .’’ 21 The long-term
strategy must address regional haze
16 40
CFR 51.308(e)(1)(ii).
CFR 51.308(e)(2). WildEarth Guardians v.
EPA, 770 F.3d 919, 934 (10th Cir. 2014).
18 The Colorado Plateau is a high, semi-arid area
in southeast Utah, northern Arizona, northwest
New Mexico, and western Colorado. The 16
mandatory Class I areas are Grand Canyon National
Park, Mount Baldy Wilderness, Petrified Forest
National Park, Sycamore Canyon Wilderness, Black
Canyon of the Gunnison National Park Wilderness,
Flat Tops Wilderness, Maroon Bells Wilderness,
Mesa Verde National Park, Weminuche Wilderness,
West Elk Wilderness, San Pedro Park Wilderness,
Arches National Park, Bryce Canyon National Park,
Canyonlands National Park, Capital Reef National
Park, and Zion National Park.
19 64 FR 35714 (July 1, 1999); 68 FR 33764 (June
5, 2003).
20 40 CFR 51.309(d)(4)(vii).
21 42 U.S.C. 7491(b)(2)(B).
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visibility impairment for each
mandatory Class I area within the state
and for each mandatory Class I area
located outside the state that may be
affected by emissions from the state. It
must include the enforceable emission
limitations, compliance schedules, and
other measures necessary to achieve the
reasonable progress goals.22 The
reasonable progress goals are calculated
for each Class I area based on the
control measures states have selected by
analyzing the four statutory ‘‘reasonable
progress’’ factors, which are: ‘‘the costs
of compliance, the time necessary for
compliance, the energy and non-air
quality environmental impacts of
compliance, and the remaining useful
life of any existing source subject to
such requirement.’’ 23 Thus, the four
reasonable progress factors are
considered by a state in setting the
reasonable progress goal for the first
planning period pursuant to
§ 51.308(d)(1)(i)(A), by virtue of the state
having first considered them, and
certain other factors listed in
§ 51.308(d)(3) of the Regional Haze Rule,
when deciding what controls are to be
included in the long-term strategy.
Then, the numerical levels of the
reasonable progress goals are the
predicted visibility outcome of
implementing the long-term strategy in
addition to ongoing pollution control
programs stemming from other CAA
requirements.
Unlike BART determinations, which
are required only for the first regional
haze planning period SIPs,24 states are
required to submit updates to their longterm strategies, including updated
reasonable progress analyses and
reasonable progress goals, in the form of
SIP revisions by July 31, 2021, and at
specific intervals thereafter.25 In
addition, each state must periodically
submit a report to the EPA at five-year
intervals beginning five years after the
submission of the initial regional haze
SIP, evaluating the state’s progress
towards meeting the reasonable progress
goals for each Class I area within the
state.26
By meeting all the requirements of 40
CFR 51.309, including the section 309specific BART requirements, a
22 40
CFR 51.308(d)(3).
U.S.C. 7491(g)(1); 40 CFR 51.308(d)(1)(i).
24 Under the Regional Haze Rule, SIPs are due for
each regional haze planning or implementation
period. The terms ‘‘planning period’’ and
‘‘implementation period’’ are used interchangeably
in this document.
25 40 CFR 51.308(f). The deadline for the 2018 SIP
revision was moved to 2021. 82 FR 3078 (January
10, 2017); see also 40 CFR 51.308(f). Following the
2021 SIP revision deadline, the next SIP revision is
due in 2028. 40 CFR 51.308(f).
26 Id. § 51.308(g); 51.309(d)(10).
23 42
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Transport Region State can be deemed
to be making reasonable progress toward
the national goal for the 16 Class I areas
on the Colorado Plateau.27 For
stationary sources, these requirements
include any necessary long-term
strategies for PM and NOX emissions.28
Additionally, the State of Wyoming
includes several non-Colorado Plateau
Class I areas, and was also required to
submit a long-term strategy for those
Class I areas.29 Wyoming’s 2022 SIP
revision addresses emissions reductions
approved under its long-term strategy
for the first implementation period. As
a result, the time period relevant to this
rulemaking is the first implementation
period.
D. Consultation With Federal Land
Managers (FLMs)
The Regional Haze Rule requires that
a state consult with Federal Land
Managers before adopting and
submitting a required SIP or SIP
revision. Further, when considering a
SIP revision, a state must include in its
proposal a description of how it
addressed any comments provided by
the FLMs.30
E. Monitoring, Recordkeeping, and
Reporting
The CAA requires that SIPs, including
regional haze SIPs, contain elements
sufficient to ensure emission limits are
practically enforceable. CAA section
110(a)(2) states that the monitoring,
recordkeeping, and reporting provisions
of states’ SIPs must: ‘‘(A) include
enforceable emissions limitations and
other control measures, means, or
techniques (including economic
incentives such as fees, marketable
permits, and auctions of emissions
rights), as well as schedules and
timetables for compliance, as may be
necessary or appropriate to meet the
applicable requirements of this chapter;
. . . (C) include a program to provide
for the enforcement of the measures
described in subparagraph (A), and
regulation of the modification and
construction of any stationary source
within the areas covered by the plan as
necessary to assure that national
ambient air quality standards are
achieved, including a permit program as
required in parts C and D of this
subchapter; . . . (F) require, as may be
prescribed by the Administrator—(i) the
installation, maintenance, and
replacement of equipment, and the
implementation of other necessary
27 40
CFR 51.309(a).
CFR 51.309(d)(4)(vii).
29 79 FR 5199 (March 3, 2014).
30 40 CFR 51.308(i); CAA 169A(d).
28 40
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steps, by owners or operators of
stationary sources to monitor emissions
from such sources, (ii) periodic reports
on the nature and amounts of emissions
and emissions-related data from such
sources, and (iii) correlation of such
reports by the State agency with any
emissions limitations or standards
established pursuant to this chapter,
which reports shall be available at
reasonable times for public
inspection.’’ 31
Accordingly, 40 CFR part 51, subpart
K, Source Surveillance, requires the SIP
to provide for monitoring the status of
compliance with the regulations in the
SIP, including ‘‘[p]eriodic testing and
inspection of stationary sources,’’ 32 and
‘‘legally enforceable procedures’’ for
recordkeeping and reporting.33
Furthermore, 40 CFR part 51, appendix
V, Criteria for Determining the
Completeness of Plan Submissions,
states in section 2.2 that complete SIPs
contain: ‘‘(g) Evidence that the plan
contains emission limitations, work
practice standards and recordkeeping/
reporting requirements, where
necessary, to ensure emission levels’’;
and ‘‘(h) Compliance/enforcement
strategies, including how compliance
will be determined in practice.’’ 34
III. Wyoming’s Regional Haze SIP
Submittals
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A. Background and Wyoming’s Initial
Regional Haze SIP
On January 12, 2011, Wyoming
submitted its first regional haze SIP
pursuant to 40 CFR 51.309. The State
determined that NOX BART for Jim
Bridger Units 1–4 was new LNBs with
SOFA at an emissions rate of 0.26 lb/
MMBtu (30-day rolling average).
Compliance with the BART emission
limits was required by March 4, 2019,
for all four Jim Bridger units.35 The
State also determined that SCR at an
emissions rate of 0.07 lb/MMBtu (30day rolling average) should be installed
at all four units as part of the State’s
long-term strategy to achieve reasonable
progress at several Class I areas, and
required compliance with the emission
limits by December 31, 2022, December
31, 2021, December 31, 2015 and
31 42
U.S.C. 7410(a)(2)(A), (C), and (F).
CFR 51.212.
33 Id. § 51.214.
34 40 CFR part 51, appendix V.
35 79 FR 5221. Installation of new LNB with
SOFA (LNB/SOFA) corresponds to a NOX emissions
limit of 0.26 lb/MMBtu (30-day rolling average).
32 40
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December 31, 2016, for Units 1–4,
respectively.36
On June 4, 2012, we proposed to
approve the State’s BART and
reasonable progress determinations of
0.26 lb/MMBtu (30-day rolling average)
and 0.07 lb/MMBtu (30-day rolling
average), respectively, for Units 3 and 4,
including the associated dates for
compliance with these emissions
limits.37 We subsequently finalized our
proposed action for Units 3 and 4.38
For Jim Bridger Units 1 and 2, we also
proposed to approve the State’s BART
and reasonable progress determinations
of 0.26 lb/MMBtu (30-day rolling
average) and 0.07 lb/MMBtu (30-day
rolling average), respectively. In the
alternative, we proposed to find NOX
BART for Jim Bridger Units 1 and 2 was
an emissions limit of 0.07 lb/MMBtu
(30-day rolling average), consistent with
the installation of LNB/SOFA + SCR,
with a compliance deadline of five
years.39 In our final rule, upon
consideration of new information and a
review of the State‘s analysis of the
BART factors, we found that the sourcewide visibility improvement associated
with the installation of LNB/SOFA +
SCR to be 1.25–1.5 deciviews,40 while
the unit-specific visibility benefits for
Units 1 and 2 were 0.27–0.37 deciviews.
We found that the average costeffectiveness of LNB/SOFA + SCR at
$2,635 and $3,403/ton of NOX for Units
1 and 2, respectively, was in line with
what we had found to be acceptable in
other BART determinations.41 But we
also found that the incremental costeffectiveness 42 of $7,447 and $8,968/ton
NOX for Units 1 and 2, respectively, was
on the high end of what we had found
to be reasonable in other
36 Id. Installation of SCR corresponds to a NO
X
emissions limit of 0.07 lb/MMBtu (30-day rolling
average).
37 Id. See also 40 CFR 51.308(e)(1)(iv).
38 79 FR 5046, 5221.
39 77 FR 33053–54.
40 Deciview is the unit of measurement on the
deciview index scale for quantifying in a standard
manner human perceptions of visibility. 40 CFR
51.301.
41 79 FR 5040, 5048. Note that the text at 79 FR
5048 misstates the average cost-effectiveness for
LNB/SOFA + SCR at Units 1 and 2. The correct
figures are stated in Tables 5 and 6 at 79 FR 5040.
42 The incremental cost-effectiveness of each NO
X
control technology on a dollar-per-ton of pollutant
removed basis is calculated by dividing the
difference of the total annual costs of one control
technology compared to the total annual costs of the
next most stringent control technology divided by
the difference in the reduction in annual NOX
emissions of one control technology compared to
the reduction in annual NOX emissions of the next
most stringent control technology. See 40 CFR part
51, appendix Y, IV.D.e.
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25203
determinations.43 Ultimately, we
finalized the State’s determination to
require LNB/SOFA as BART controls
with a corresponding emissions limit of
0.26 lb/MMBtu by March 4, 2019, for
Jim Bridger Units 1 and 2, and to require
an emissions limit of 0.07 lb/MMBtu
(30-day rolling average) with the
installation SCR as part of the State’s
long-term strategy to achieve reasonable
progress by 2022 and 2021 for Jim
Bridger Units 1 and 2, respectively.44
B. November 2017 Regional Haze
Progress Report
Under the Regional Haze Rule, states
are required to submit progress reports
to the EPA documenting actual changes
in visibility and emission reductions
within the state.45 The first progress
report must be in the form of a SIP
revision and is due five years after
submittal of the initial regional haze
SIP.46 On November 28, 2017, Wyoming
submitted its first progress report,
which detailed the progress made
toward achieving progress for visibility
improvement and declared a
determination of adequacy of the State’s
regional haze plan to meet reasonable
progress goals.
In June 2020, we approved
Wyoming’s progress report SIP
revision.47 We found that between 2002
and 2008, Wyoming’s NOX emissions
were reduced by 57,296 tons, a 20
percent reduction during that time
period. Additionally, we found that
other haze-causing pollutants were also
reduced between the same time
period.48 We also found that all the
monitoring sites within Wyoming’s
Class I areas showed improvement in
visibility conditions between the
baseline (2000–2004) and current
(2005–2009) periods on both the 20
percent worst visibility and 20 percent
best visibility days. When considering
only anthropogenic impairment within
the baseline (2000–2004) and most
current (2012–2016) periods, all the
monitoring sites also showed
improvement on the 20 percent most
impaired days.49
43 79
FR 5040, 5048.
FR 5048, 5049.
45 40 CFR 51.309.
46 Id.
47 85 FR 21341 (April 17, 2020) (Proposed rule);
85 FR 38325 (June 26, 2020) (Final rule).
48 85 FR 21346.
49 Id at 21348.
44 79
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C. May 2020 Regional Haze SIP Revision
On May 14, 2020, Wyoming
submitted a proposed revision to its
regional haze SIP for the long-term
strategy at Jim Bridger Units 1 and 2
(Wyoming’s May 2020 SIP revision).50
The proposed revision included a fourfactor reasonable progress analysis to
replace the 0.07 lb/MMBtu (30-day
rolling average) anticipated NOX
reductions for Jim Bridger Units 1 and
2 as part of Wyoming’s long-term
strategy to improve visibility during the
first planning period. Wyoming’s May
2020 SIP revision also included plantwide (Units 1–4) month-by-month
emission limits for NOX and SO2 (Table
2) as well as an annual total emissions
cap of NOX and SO2 for Units 1–4 of
17,500 tons/year.
On January 18, 2022, the EPA
proposed to disapprove Wyoming’s May
2020 SIP revision.51 Our proposed
disapproval was based on the following:
(1) the reasonable cost-effectiveness of
the existing reasonable progress control
requirements for Jim Bridger Units 1
and 2 (emission limits of 0.07 lb/MMBtu
consistent with the installation of SCR);
(2) the appreciable visibility
improvement estimated to result from
compliance with the existing control
requirements; and (3) the State’s
previous determination that the costs of
those control requirements were
reasonable and necessary to satisfy
statutory requirements. The EPA also
made the determination that Wyoming’s
proposed revision to replace its
previously approved long-term strategy
would not provide for similar or greater
emissions reductions or visibility
improvement as is required under the
Clean Air Act and thus could not
propose approval of Wyoming’s May
2020 SIP revision. We have not issued
a final rule for our proposed
disapproval.
D. December 2022 Regional Haze SIP
Revision
On December 30, 2022, Wyoming
submitted a regional haze SIP revision
(Wyoming 2022 SIP revision).52 53 The
Wyoming 2022 SIP revision proposes to
replace Wyoming’s previously approved
long-term strategy with conversion of
Jim Bridger Units 1 and 2 from coalfiring to natural gas-firing by January 1,
2024, together with NOX emission and
heat input limits, to allow for identical
reasonable progress during the first
planning period as would occur from
the emission reductions from requiring
a NOX emissions limit of 0.07 lb/MMBtu
(30-day rolling average) at Jim Bridger
Units 1 and 2. The State also included
monthly and annual NOX and SO2
emissions limits for Jim Bridger Units
1–4. On August 31, 2023, Wyoming
submitted a supplement containing
associated permit amendments
addressing heat input limit and
monitoring, recordkeeping, and
reporting requirements for Jim Bridger
Units 1 and 2.54 On November 16, 2023,
Wyoming submitted a supplement
containing an amended permit to
correct a typographical error found in
the August 31, 2023, supplement.55
The Wyoming 2022 SIP revision
requires, beginning on January 1, 2024,
Jim Bridger Units 1 and 2 to meet a NOX
emission limit of 0.12 lb/MMBtu (30day rolling average) along with an
annual NOX emission limit of 1,314
tons/year per unit, and a 41.6%
reduction in maximum annual heat
input limit equaling 21,900,000 MMBtu/
year per unit.56 As a result, the
Wyoming 2022 SIP revision replaces the
requirement for Jim Bridger Units 1 and
2 to comply with the 0.07 lb/MMBtu
emission limits in 2021 and 2022 (Table
1). The Wyoming 2022 SIP revision does
not, however, remove or revise the
existing NOX BART determination for
Jim Bridger Units 1 and 2 (consistent
with current LNB/SOFA NOX emissions
controls) or change the existing
reasonable progress emission limits of
0.07 lb/MMBtu for Jim Bridger Units 3
and 4 (consistent with installed SCR
emissions controls).
TABLE 1—EXISTING AND PROPOSED NOX EMISSION LIMITS FOR JIM BRIDGER UNITS 1–4
Existing NOX
BART emission
limit
(30-day rolling
average; lb/MMBtu) 1
Unit
1
2
3
4
...........................................................................
...........................................................................
...........................................................................
...........................................................................
1 Compliance
2 Compliance
Existing NOX
reasonable progress
emission limit
(30-day rolling
average; lb/MMBtu) 2
0.26
0.26
0.26
0.26
Proposed NOX reasonable progress
emission limits
NOX
(30-day rolling
average; lb/MMBtu)
0.07
0.07
0.07
0.07
NOX
(tons/year)
3 0.12
3 5 1,314
3 0.12
3 5 1,314
4 NA
NA
NA
4 NA
date is March 4, 2019; no changes to the NOX BART emission limits are proposed.
dates for each is: Unit 1 = December 31, 2022; Unit 2 = December 31, 2021; Unit 3 = December 31, 2015; and Unit 4 = Decem-
ddrumheller on DSK120RN23PROD with PROPOSALS1
ber 31, 2016.
3 Compliance date is January 1, 2024.
4 No change to existing NO reasonable progress emission limit of 0.07 lb/MMBtu (30-day rolling average).
X
5 Correlates to a 41.67% reduction of the maximum heat input (52,560,000 MMBtu/year) or 21,900,000 MMBtu/year with a 0.12 lb NO lb/
X
MMBtu 30-day rolling average limit.
50 Letter dated May 12, 2020, from Todd Parfitt,
Director, Wyoming Department of Environmental
Quality, to Gregory Sopkin, Regional Administrator,
EPA Region 8, Subject: State Implementation Plant
Approval Request—Regional Haze 309(g) SIP
revision for PacifiCorp Jim Bridger Power Plant.
51 87 FR 2571 (January 18, 2022).
52 Letter dated December 30, 2022, from Todd
Parfitt, Director, Wyoming Department of
Environmental Quality, to KC Becker, Regional
Administrator, EPA Region 8, Subject: Approval
Request—Parallel Process Regional Haze Round
One State Implementation Plan (SIP) revision for
PacifiCorp Jim Bridger Power Plant.
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53 On May 23, 2022, the state submitted a
proposed SIP revision with a request to parallel
process the draft SIP (letter dated May 20, 2022,
from Todd Parfitt, Director, Wyoming Department
of Environmental Quality, to KC Becker, Regional
Administrator, EPA Region 8, Subject: Request to
Parallel Process the Draft 309(g) Regional Haze
Round 1 State Implementation Plan for PacifiCorp
Jim Bridger Power Plant).
54 Letter dated August 31, 2023, from Todd
Parfitt, Director, Wyoming Department of
Environmental Quality, to KC Becker, Regional
Administrator, EPA Region 8, Subject:
Supplemental Information for Wyoming’s Parallel
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Process Regional Haze Round One State
Implementation Plan (SIP) revision for PacifiCorp
Jim Bridger Power Plant.
55 Letter dated November 16, 2023, from Todd
Parfitt, Director, Wyoming Department of
Environmental Quality, to KC Becker, Regional
Administrator, EPA Region 8, Subject:
Supplemental Information for Wyoming’s Parallel
Process Regional Haze Round One State
Implementation Plan (SIP) revision for PacifiCorp
Jim Bridger Power Plant.
56 The reduction in maximum annual heat input
is based off the maximum annual heat input limit
of 52,560,000 MMBtu/year per unit.
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In addition, the Wyoming 2022 SIP
revision includes month-by-month NOX
and SO2 emission limits across all four
Jim Bridger units, as well as an
enforceable annual plant-wide NOX plus
SO2 emissions cap of 17,500 tons per
year, effective January 1, 2022 (Table 2).
The monthly emissions limit and
annual emissions cap for Jim Bridger
Units 1–4 are federally enforceable
through reference to Wyoming air
quality permit #P0025809. The final
permit was issued on May 5, 2020.57
TABLE 2—ENFORCEABLE MONTHLY NOX AND SO2 EMISSION LIMITS FOR JIM BRIDGER UNITS 1–4, EFFECTIVE JANUARY
1, 2022
Total units 1–4
NOX emission
limit
Total units 1–4
SO2 emission
limit
Monthly
average basis
(lb/hour)
Monthly
average basis
(lb/hour)
Month
January ................................................................................................................................................................
February ...............................................................................................................................................................
March ...................................................................................................................................................................
April ......................................................................................................................................................................
May ......................................................................................................................................................................
June .....................................................................................................................................................................
July .......................................................................................................................................................................
August ..................................................................................................................................................................
September ...........................................................................................................................................................
October ................................................................................................................................................................
November ............................................................................................................................................................
December ............................................................................................................................................................
2,050
2,050
2,050
2,050
2,200
2,500
2,500
2,500
2,500
2,300
2,030
2,050
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
Annual emissions cap
Total NOX plus SO2 ......................................................................................................................................
ddrumheller on DSK120RN23PROD with PROPOSALS1
E. Wyoming’s Reassessment of
Reasonable Progress Under Long-Term
Strategy
To demonstrate that the replacement
of 0.07 lb/MMBtu with natural gas
conversion, NOX limits, and reduced
heat inputs for Jim Bridger Units 1 and
2 provided equivalent emissions
reductions previously approved by the
EPA under long-term strategy, the State
submitted a reasonable progress analysis
for Jim Bridger Units 1 and 2 in the
Wyoming 2022 SIP revision.
In its source-specific reasonable
progress assessment for Jim Bridger
Units 1 and 2, the State considered the
four factors as required by 40 CFR
51.308(d)(1)(i)(A).
In 2014, the EPA approved the State’s
decision to require NOX controls of 0.07
lb/MMBtu (30-day rolling average) on
Jim Bridger Units 1–4 pursuant to its
long-term strategy. The State did not
conduct a reasonable progress fourfactor analysis for any of the Jim Bridger
units at that time but instead opted for
controls under the long-term strategy
provisions found under 40 CFR
51.308(d)(3).58 The State conducted its
57 Letter dated May 5, 2020, from Nancy E. Vehr,
Administrator, Air Quality Division, Wyoming
Department of Environmental Quality, to James
Owens, Director, Environmental Services,
PacifiCorp, Subject: Permit #P0025809 (Permit
#0025809).
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four-factor reasonable progress analysis
for Jim Bridger Units 1 and 2 for the first
time in connection with its 2020 and
2022 SIP submittals to replace the
emissions reductions approved for Jim
Bridger Units 1 and 2 under the longterm strategy. This is acceptable since
40 CFR 51.308(d)(3) provides that a
state’s ‘‘long-term strategy must include
enforceable emissions limitations,
compliance schedules, and other
measures as necessary to achieve the
reasonable progress goals established by
states having mandatory class I Federal
areas.’’
Pursuant to 40 CFR 51.308(d)(1)(i)(A),
in determining the measures necessary
to make reasonable progress, a state
must take into account the following
four factors and demonstrate how they
were taken into consideration in making
a reasonable progress determination:
• Costs of Compliance;
• Time Necessary for Compliance;
• Energy and Non-Air Quality
Environmental Impacts of Compliance;
and
• Remaining Useful Life of Any
Potentially Affected Sources.
58 See 77 FR 33040 (listing stationary sources
evaluated under the four reasonable progress factors
and not including Jim Bridger).
59 Wyoming 2022 SIP revision, Appendix C at 2–
3. Note: The Wyoming 2020 SIP revision identifies
identical baseline NOX emission rates that reflect
the actual emissions rate from 2013–2015.
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Sfmt 4702
17,500 tons/year
1. Costs of Compliance
For the source-specific reasonable
progress analysis, Wyoming provided
costs of compliance for three scenarios:
(1) installation of SCR on Units 1 and
2 operating on coal, (2) installation of
SCR on Units 1 and 2 operating on
natural gas, and (3) conversion of Units
1 and 2 from coal to natural gas,
together with NOX and heat input
limits. For the installation of SCR
operating on coal and conversion from
coal to natural gas scenarios, Wyoming
used baseline NOX emission rates for
LNB/SOFA of 0.187 lb/MMBtu for Unit
1 and 0.192 lb/MMBtu for Unit 2
(annual average), reflective of the actual
emissions rate (2013–2015) 59 and used
the 2001–2003 average annual heat
input of 42,977,652 MMBtu/year and
40,898,999 MMBtu/year to calculate
baseline NOX emissions in tons/year of
4,018 and 3,926 for Units 1 and 2,
respectively.60 For the installation of
SCR operating on natural gas scenario,
Wyoming used the stipulations in the
consent decree 61 as the baseline: NOX
emission rate of 0.12 lb/MMBtu (30-day
rolling average) for both Units 1 and 2
60 Wyoming
2022 SIP revision, cost supplement.
Decree, State of Wyoming v.
PacifiCorp, Docket No. 2022–CV–200–333, First
Judicial District Court, Laramie, Wyoming.
(February 14, 2022).
61 Consent
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and annual heat input of 21,900,000
MMBtu/year. The NOX emission rate for
SCR operating on either coal or natural
gas was assumed to be 0.05 lb/MMBtu
(annual), while the NOX emission rate
for conversion from coal to natural gas
was assumed to be 0.12 lb/MMBtu (30day rolling average).62 Wyoming based
total capital costs to install SCR
($140,428,000 for each Unit 1 and 2) on
the actual costs incurred to install SCR
technology on Jim Bridger Units 3 and
4.63 The total capital costs to convert
Units 1 and 2 from coal-fired to natural
gas-fired was found to be $14,632,077
and $14,151,451, respectively. The State
annualized capital costs using the
capital recovery factor approach
described in the EPA’s Control Cost
Manual using amortization periods
between one and 14 years reflective of
each of the three different scenarios.64 65
Total annual costs were calculated as
the sum of the annualized capital costs
and total operation and maintenance
costs. Finally, the cost-effectiveness of
each scenario was calculated on a
dollar-per-ton of pollutant removed
basis by dividing the total annual costs
by the reduction in annual NOX
emissions associated with each
scenario.
Costs of compliance for Wyoming’s
reasonable progress analysis for Jim
Bridger Units 1 and 2 is summarized in
Table 3.66
TABLE 3—SUMMARY OF JIM BRIDGER UNITS 1 AND 2 NOX REVISED REASONABLE PROGRESS COST ANALYSIS
Assumed NOX
emissions rate
(lb/MMBtu)
Scenario
Emissions
reduction
(tons per year)
Total
annual cost
($/year)
Average cost
effectiveness
($/ton)
Unit 1
1 0.05
SCR operating on coal ........................................................................
SCR operating on natural gas .............................................................
Conversion from coal to natural gas 3 .................................................
1 0.05
2 0.12
2,944
766
2,704
$152,369,457
18,036,235
4,018,476
$51,756
23,531
1,486
2,904
766
2,612
94,115,947
18,036,235
3,962,516
32,411
23,531
1,517
Unit 2
1 0.05
SCR operating on coal ........................................................................
SCR operating on natural gas .............................................................
Conversion from coal to natural gas 3 .................................................
1 0.05
2 0.12
1 Based
on an annual average.
on a 30-day rolling average.
3 Operating with a heat input limit of 21,900,000 MMBtu/year (equal to 41.6% of maximum annual heat input).
ddrumheller on DSK120RN23PROD with PROPOSALS1
2 Based
Ultimately, Wyoming determined that
conversion to natural gas without the
installation of SCR is more cost-effective
than conversion to natural gas with the
addition of SCR particularly with the
additional NOX and heat input
reductions reflected in the consent
decree.67
installation would take longer than the
planned natural gas conversion.
Furthermore, according to the State,
installing SCR on a converted natural
gas unit makes no practical or economic
sense.
2. Time Necessary for Compliance
The SIP approved by the EPA on
January 30, 2014, requires an emission
limit of 0.07 lb/MMBtu associated with
the installation of LNB/SOFA + SCR on
Jim Bridger Unit 1 by December 31,
2022, and on Unit 2 by December 31,
2021. The current LNB/SOFA NOX
emissions controls were installed in
2010 and 2005 for Units 1 and 2,
respectively.68
Wyoming stated that because there is
an enforceable commitment to cease
coal operation and meet natural gas
conversion limits at Jim Bridger Units 1
and 2 by January 1, 2024,69 SCR
Wyoming determined that the
conversion to natural gas will result in
fewer overall energy and environmental
impacts when compared to the
installation of SCR, including fewer
impacts from: mercury (Hg), greenhouse
gases (GHG), carbon monoxide (CO),
carbon dioxide (CO2), PM, sulfuric acid
(H2SO4), coal and natural gas
consumption, coal combustion residual
(CCR) production and disposal, and raw
water consumption associated with the
burning of coal. Additionally, Wyoming
also determined that SCR control
technology would require the storage
and use of ammonia and would create
62 Throughout, we refer to the averaging
periods—annual average for 0.05 lb/MMBtu and
30-day rolling average for 0.12 lb/MMBtu—which
Wyoming provided in the Wyoming 2022 SIP
revision. However, we recognize the need to adjust
the averaging periods, as appropriate. Indeed, this
concept is discussed in similar rulemakings for
Wyoming (79 FR 5167 (January 30, 2014), 84 FR
10434 (March 21, 2019)), and we discuss the impact
of such adjustments in section IV. of this document.
63 Wyoming 2022 SIP revision, Appendix C at 5.
Note: The Wyoming 2022 SIP revision cites the
February 4, 2019, S&L Report as the basis for the
total capital costs.
64 EPA, ‘‘Cost Control Manual,’’ Section 4,
Chapter 2, June 2019, page 80, available at https://
www.epa.gov/economic-and-cost-analysis-airpollution-regulations/cost-reports-and-guidanceair-pollution. (last visited February 2024).
65 The amortization period in years for SCR
operating on coal was 1.00 (December 2022–
December 2023) and 1.67 (May 2022–December
2023) for Units 1 and 2, respectively. The
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3. Energy and Non-Air Quality
Environmental Impacts of Compliance
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more CCR. Wyoming also notes that
fewer GHGs will be produced with the
gas conversion compared to SCR, and
that the gas conversion would reduce
the Jim Bridger plants auxiliary load
demand by approximately 10.4
megawatts of energy compared to SCR.
Finally, the State noted that the
requirements relating to the natural gas
conversion effectively limit the average
annual capacity factor (heat input) for
Units 1 and 2 to approximately 42%,
resulting in significant reductions in the
consumption of natural resources.
4. Remaining Useful Life
For the Wyoming 2022 SIP revision,
Wyoming evaluated each emission
control technology scenario for Jim
Bridger Units 1 and 2 using the year
2024 as the end of remaining useful life
on coal and the year 2037 as the end of
remaining useful life on natural gas.70
amortization period for SCR operating on natural
gas and conversion from coal to natural gas was 14
(2024–2037) for both Units 1 and 2.
66 Wyoming 2022 SIP revision at 3, 4, and cost
supplement.
67 Wyoming 2022 SIP revision at 4.
68 Id. at 6.
69 Consent Decree, Wyoming v. PacifiCorp, Docket
No. 2022–CV–200–333. First Judicial District Court,
Laramie, Wyoming. (February 14, 2022).
70 Wyoming 2022 SIP revision at 4.
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5. Reasonable Progress Demonstration
Upon completion of a reasonable
progress four-factor analysis, states must
demonstrate how the four factors were
taken into consideration in making a
reasonable progress determination for
each class I area within the state.71
Taking into consideration the four
statutory reasonable progress factors
described previously, Wyoming
determined that the conversion of Units
1 and 2 from coal-firing to natural gasfiring, together with NOX emission and
heat input limits, provided greater
reasonable progress at a lower cost and
with fewer negative environmental
impacts when compared to SCR as
reflected in the 2014 final rule.
Accordingly, Wyoming’s 2022 SIP
revision replaces the emission limits of
0.07 lb/MMBtu (30-day rolling average)
associated with SCR installation at Jim
Bridger Units 1 and 2 with natural gas
conversion together with NOX emission
and heat input limits at those same
units as part of the State’s long-term
strategy to achieve reasonable progress
for the first planning period.72
ddrumheller on DSK120RN23PROD with PROPOSALS1
F. Summary of Wyoming’s Additional
Proposed Revisions to the Emission
Limits for Jim Bridger
In addition to Wyoming’s revised
emission reductions derived from the
conversion to natural gas and associated
NOX limits, and reduced heat input for
Jim Bridger’s Units 1 and 2 under the
reasonable progress analysis, the State is
requiring monthly and annual NOX and
SO2 emission limits for Jim Bridger
Units 1–4 (summarized in Table 2) and
an annual plant-wide NOX and SO2
emissions cap of 17,500 tons per year,
federally enforceable through reference
to permit #P0025809, which is effective
through December 31, 2023.
IV. The EPA’s Evaluation and Proposed
Approval of Wyoming’s Regional Haze
SIP Revisions
For the reasons described in this
section, the EPA proposes to approve
Wyoming’s 2022 SIP revision. The
proposed Wyoming 2022 SIP revision
adds a source-specific NOX reasonable
progress analysis and determination for
Jim Bridger Units 1 and 2 and finds
conversion from coal-firing to natural
gas-firing, together with NOX emission
and heat input limits, to be sufficient for
reasonable progress and long-term
strategy during the first planning period
and that the emission limits associated
with the installation of SCR are no
longer required. Separately, we are also
proposing to approve Wyoming’s
71 40
CFR 51.308(d)(1)(i)(A).
2022 SIP revision at 8.
72 Wyoming
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monthly and annual NOX and SO2
emission limits for Jim Bridger Units 1–
4. Our proposed action is based on an
evaluation of Wyoming’s regional haze
SIP submittal under the regional haze
requirements at 40 CFR 51.300–51.309
and CAA section 169A and 169B. The
Wyoming 2022 SIP revision was also
evaluated for compliance with the
general SIP requirements contained in
CAA section 110 and other provisions of
the CAA and our regulations applicable
to this action. The EPA proposes to
approve the Wyoming 2022 SIP revision
as meeting the relevant statutory and
regulatory requirements. Where
appropriate, we provide additional
rationale to supplement the State’s
analysis and to support our conclusions.
The EPA is not reopening, and thus not
accepting comment on, the EPA’s 2014
approval of Wyoming’s BART
determinations for Jim Bridger Units 1–
4, the EPA’s 2014 approval of the
emission limits Wyoming required as
long-term strategy controls for Jim
Bridger Units 3 and 4, or the EPA’s 2022
proposed disapproval of Wyoming’s
2020 SIP revision. Any comments on
these issues are beyond the scope of this
action and will not be addressed in this
rulemaking.
A. The EPA’s Proposed Approval of
Wyoming’s Reasonable Progress
Determination for Jim Bridger Units 1
and 2
We are proposing to approve
Wyoming’s December 2022 regional
haze SIP revision pertaining to the
State’s reasonable progress NOX
determinations for Jim Bridger Units 1
and 2.
In our analysis of Wyoming’s 2022
SIP revision, we evaluated Wyoming’s
reasonable progress determination for
Jim Bridger Units 1 and 2 under 40 CFR
51.308(d)(1)(i)(A). As a threshold matter
and given the considerably shortened
remaining useful life of the existing
coal-fired boilers due to the proposed
natural gas conversion, we propose to
find that it is appropriate for Wyoming
to reassess its existing long-term strategy
to achieve reasonable progress for Jim
Bridger Units 1 and 2 by conducting a
four-factor analysis.
1. Basis for the EPA’s Proposed
Approval
Our proposed approval is based on
the following: (1) the fact that this is a
first planning period reasonable
progress determination for BART
sources; (2) the costs of compliance; and
(3) an analysis of projected emissions
reductions achievable.
As explained in the EPA’s 2007
Reasonable Progress Guidance for the
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first planning period, states have
latitude to determine appropriate
additional control requirements for
ensuring reasonable progress.73 Unlike
BART, which contains very specific
applicability criteria to procure, install,
and operate the best available retrofit
technology and a regulatory framework
for how states perform a ‘‘one-time’’
evaluation of emissions controls for the
first planning period, the procedure for
determining what controls are necessary
to make reasonable progress is not as
specific and a reasonable progress
analysis is performed each planning
period.74 Thus, although states must
consider the four statutory factors, at a
minimum, in determining reasonable
progress, states also have more
flexibility in how to take these factors
into consideration.75 The text of the
CAA and case law likewise support
affording states deference in their
reasonable progress determinations,
provided those determinations are
reasonable given the applicable
statutory and regulatory requirements
and purpose of the regional haze
program.76
Furthermore, the EPA’s 2007
Guidance provides that reasonable
progress analyses for the first
implementation period are conducted
against the backdrop of a state’s BART
determinations. In particular, the EPA’s
2007 Guidance states that, given the
overlap between the statutory BART and
reasonable progress factors, it may be
reasonable to conclude that any controls
required pursuant to a BART
determination for a source also satisfy
the reasonable progress-related
requirements for that source.77 Here, the
two sources (Units 1 and 2) being
analyzed are BART sources for which
BART determinations were made and
emission limits were required. In its
2022 SIP revision, Wyoming considered
what, if any, controls should be required
in addition to the BART controls
73 The
EPA’s 2007 Guidance at page 4–2.
40 CFR 51.308(e) and part 51,
appendix Y with 40 CFR 51.308(d).
75 The EPA’s 2007 Guidance at page 5–1.
76 42 U.S.C. 7407(a) (‘‘Each State shall have the
primary responsibility for assuring air quality
within [its] entire geographic area.’’); id. section
7401(a)(3) (‘‘[A]ir pollution prevention . . . is the
primary responsibility of States and local
governments.’’); Oklahoma v. EPA, 723 F.3d 1201,
1204 (10th Cir. 2014) (‘‘The Clean Air Act uses a
cooperative federalism approach to regulate air
quality.’’) (Internal quotation marks omitted),
Luminant Generation Co. v. EPA, 675 F.3d 917, 921
(5th Cir. 2012) (Congress gave states ‘‘the primary
responsibility for implementing [air quality]
standards.’’) (Internal quotation marks omitted);
Union Elec. Co. v. EPA, 427 U.S. 246, 250 (1976)
(states have ‘‘wide discretion’’ in formulating SIPs).
77 See the EPA’s 2007 Guidance at pages 4–2—4–
3.
74 Compare
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determined appropriate (LNB/SOFA) for
the first planning period. Specifically,
the State performed a reasonable
progress four-factor analysis for Jim
Bridger Units 1 and 2 to analyze
whether it was appropriate to remove
the existing 0.07 lb/MMBtu emission
limits associated with SCR in addition
to the five-factor BART analysis it
performed previously. We propose to
find that the outcome of that analysis—
that the conversion of Jim Bridger Units
1 and 2 from coal-firing to natural gasfiring, together with NOX emission and
heat input limits, makes reasonable
progress for the first implementation
period—is not unreasonable and is
supported by the EPA’s 2007 Guidance
and Regional Haze Rule.78
ddrumheller on DSK120RN23PROD with PROPOSALS1
a. Costs of Compliance
In its reasonable progress analysis for
Jim Bridger Units 1 and 2, the statutory
factor that appears to have been the
most significant in Wyoming’s
reasonable progress determination is the
costs of compliance. As an initial
matter, we agree with Wyoming’s
reliance on the revised cost estimates
reflected in Wyoming’s 2022 SIP
revision rather than the cost estimates
from EPA’s 2014 final rule. Specifically,
based on our review, the following
elements of Wyoming’s revised cost
calculation are appropriate: (1) the use
of actual annual average (2013–2015)
baseline NOX emissions rates for LNB/
SOFA for the installation of SCR
operating on coal and conversion from
coal-firing to natural gas-firing
scenarios; (2) the use of baseline NOX
emissions rates reflected in the consent
decree associated with the installation
of SCR operating on natural gas
scenario; (3) the use of NOX emissions
rates of 0.05 lb/MMBtu (annual average)
and 0.12 lb/MMBtu (30-day rolling
average) for the installation of SCR
firing on coal or natural gas and the
conversion from coal-firing to natural
gas-firing, respectively; (4) the use of
amortization periods of 1.00 (12
months) and 1.67 (20 months) for the
installation of SCR firing coal on Units
1 and 2, respectively; and (5) the use of
actual costs for the installation and
operation of SCR derived from those
costs incurred for Units 3 and 4.
However, we disagree with Wyoming’s
amortization period for SCR firing on
natural gas and for conversion from
coal-firing to natural gas-firing scenarios
and are therefore providing
supplemental analysis to support our
conclusions. Additionally, we are
supplementing our cost calculations
78 40
CFR 51.308(d)(1).
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with a common baseline reflecting the
maximum allowable heat input.
With respect to control cost estimates,
including amortization periods, our
NOX control cost estimates in the
reasonable progress analysis are based
on the current version of the EPA’s
Control Cost Manual, which was revised
in 2014 and, as updated, includes a 30year equipment life for SCR.79 The
change in the equipment life estimate
from 20 to 30 years for SCR affects
annual cost estimates and average costeffectiveness. The updated Control Cost
Manual also requires the use of the
source’s ‘‘firm-specific nominal rate’’ of
borrowing instead of the manual’s prior
instruction to use a 7% interest rate.80
In response to comments on Wyoming’s
2020 SIP revision, PacifiCorp stated that
its actual rate of borrowing is higher
than 7%.81 Here, we note that
PacifiCorp’s actual rate of borrowing is
7.303% as provided in Wyoming’s 2022
SIP revision.82 We agree that this
approach is appropriate and consistent
with the updated Control Cost Manual.
However, we are proposing to find that
the State did not use the appropriate
amortization period for the installation
of SCR on natural gas-firing and
conversion from coal-firing to natural
gas-firing scenarios. In both of these
scenarios, Wyoming used an
amortization period of 14 years (2024–
2037) based on the expected remaining
useful life of Jim Bridger Units 1 and 2
found in PacifiCorp’s 2021 Integrated
Resource Plan (IRP).83 Because there is
not an enforceable closure date in the
Wyoming regional haze SIP that would
effectively shorten the remaining useful
life of Jim Bridger Units 1 and 2, we find
that the Cost Control Manual requires
that the default remaining useful life (30
years) be used as the amortization
period of the control technologies being
evaluated in the cost analyses.84
79 EPA, ‘‘Cost Control Manual,’’ Section 4,
Chapter 2, June 2019, page 80, available at https://
www.epa.gov/economic-and-cost-analysis-airpollution-regulations/cost-reports-and-guidanceair-pollution (last visited February 2024).
80 Id. at Section 1, Chapter 2, November 2017,
pages 14–17, available at https://www.epa.gov/
economic-and-cost-analysis-air-pollutionregulations/cost-reports-and-guidance-air-pollution
(last visited February 2024).
81 Letter dated October 25, 2019, from James
Owen, Director, Environmental, PacifiCorp, to
Nancy Vehr, Administrator, Wyoming Department
of Environmental Quality, Air Quality Division, at
page 7. (Originally submitted as part of Wyoming
2020 SIP revision).
82 Wyoming 2022 SIP revision, cost supplement.
83 Wyoming 2022 SIP revision at 3.
84 EPA, ‘‘Cost Control Manual,’’ Section 4,
Chapter 2, June 2019, page 80, available at https://
www.epa.gov/economic-and-cost-analysis-airpollution-regulations/cost-reports-and-guidanceair-pollution (last visited February 2024). However,
we also note that PacifiCorp’s 2021 Integrated
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With respect to the baseline NOX
emissions rates, Wyoming’s cost
analyses assessed the installation of SCR
operating on coal and conversion to
natural gas scenarios against a 2001–
2003 baseline heat input of 42,977,652
MMBtu/year and 40,898,999 MMBtu/
year for Units 1 and 2, respectively, and
2013–2015 baseline NOX emission rates
for LNB/SOFA. Because reasonable
progress analyses for BART sources in
the first implementation period are
conducted to determine what, if
anything, in addition to BART is
necessary to make reasonable progress
and are a separate control determination
than BART,85 and because BART
controls (LNB/SOFA) are already
installed and operating on these units,
we believe it was reasonable for
Wyoming to consider the cost of
potential reasonable progress controls
(SCR operating on coal and conversion
to natural gas) relative to a baseline of
BART (2013–2015 baseline NOX
emission rates for LNB/SOFA) and the
2001–2003 baseline heat input figures.
Moreover, because the installation of
controls (SCR) operating on natural gas
scenario reflects a baseline associated
with natural gas firing instead of coalfiring, we also believe it was reasonable
for Wyoming to use the baseline heat
input (21,900,000 MMBtu/year) and
NOX emission limits (0.12 lb/MMBtu;
1,314 tons/year) required in the consent
decree for both Units 1 and 2. Thus, as
previously stated, we agree with the
State and find the baselines appropriate
for each of the three scenarios.
While the Regional Haze Rule does
not require states to consider fuel
switching (e.g. from coal to natural gas)
as control options, states are free to do
so.86 In Wyoming and other states, we
have approved state-adopted
requirements for switching fuels, which
have usually been negotiated between
the source operator and the state.87
Thus, because, as previously described,
this is not a BART determination, and
because two of the control scenarios
(conversion from coal to natural gas and
installation of SCR operating on natural
gas) involve fuel switching from coal to
natural gas, we believe it is also
reasonable to consider the cost using a
common baseline reflecting potential-toemit (e.g., allowable) baseline NOX
emissions rather than the historical
baseline emissions reflective of coalResource Plan Update lists retirement for Jim
Bridger Units 1 and 2 as 2037. PacifiCorp,
‘‘PacifiCorp Integrated Resource Plan Update,’’
March 2022, page 13.
85 The EPA’s 2007 Guidance at page 4–2.
86 40 CFR part 51, appendix Y.
87 83 FR 31332 (July 5, 2018), 84 FR 10433 (March
21, 2019).
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firing. We therefore conducted an
additional cost analysis using the
maximum allowable heat input limit of
52,560,000 MMBtu/year from
Wyoming’s 2009 BART Application
Analysis as the baseline for potential
further controls along with the 30-year
amortization period for the SCR on
25209
natural gas and conversion from coalfiring to natural gas-firing scenarios
(Table 4).88 89
TABLE 4—THE EPA’S SUMMARY OF JIM BRIDGER UNITS 1 AND 2 NOX REVISED REASONABLE PROGRESS COST ANALYSIS
NOX
emissions
rate
(lb/MMBtu)
Scenario
Emissions
reduction
(tons per year)
Total
annual cost
($/year)
Average cost
effectiveness
($/ton)
Unit 1
1 0.05
SCR operating on coal ........................................................................
SCR operating on natural gas .............................................................
Conversion from coal to natural gas 3 .................................................
1 0.05
2 0.12
3,600
767
3,600
$152,369,457
13,355,567
3,530,769
$42,321
17,424
981
3,732
767
3,732
94,115,947
13,355,567
3,490,829
25,220
17,424
935
Unit 2
1 0.05
SCR operating on coal ........................................................................
SCR operating on natural gas .............................................................
Conversion from coal to natural gas 3 .................................................
1 0.05
2 0.12
1 Based
on an annual average.
on a 30-day rolling average.
3 Operating with a heat input limit of 21,900,000 MMBtu/year (equal to 41.6% of maximum annual heat input).
ddrumheller on DSK120RN23PROD with PROPOSALS1
2 Based
Thus, when comparing Wyoming’s
cost estimates (Table 3) with our revised
cost estimates (Table 4) using a common
baseline maximum heat input and 30year amortization periods for SCR on
natural gas and conversion from coalfired to natural gas-fired scenarios, the
average cost-effectiveness for SCR on
coal for Units 1 and 2, respectively, are
$51,756 and $32,411 per ton of NOX
reduced using Wyoming’s cost estimates
and $42,321 and $25,220 per ton of NOX
reduced using the EPA’s revised cost
estimates. The average cost-effectiveness
for SCR on natural gas for Units 1 and
2, respectively, are $23,531 and $23,531
per ton of NOX reduced using
Wyoming’s cost estimates and $17,424
and $17,424 per ton of NOX reduced
using the EPA’s revised cost estimates.
The average cost-effectiveness for
converting from coal-fired to natural
gas-fired for Units 1 and 2, respectively,
are $1,486 and $1,517 per ton of NOX
reduced using Wyoming’s cost estimates
and $981 and $935 per ton of NOX
reduced using the EPA’s revised cost
estimates. As explained previously,
while the EPA believes it is appropriate
for Wyoming to consider the cost of
potential reasonable progress controls
(SCR operating on coal and conversion
to natural gas) relative to a baseline of
BART (2013–2015 baseline NOX
emission rates for LNB/SOFA) using
2001–2003 baseline heat input,
comparing the potential reasonable
progress controls, including the
conversion to a different fuel source, to
a common baseline reflecting the
maximum allowable heat input of the
source (as well as appropriate
amortization periods) is appropriate. To
that end, the average cost-effectiveness
for all three scenarios is reduced using
the EPA’s revised cost estimates
compared to Wyoming’s cost estimates.
Nevertheless, despite the reductions
in average cost-effectiveness reflected in
the EPA’s revised cost estimates, we
agree with Wyoming’s consideration of
cost-effectiveness and rejection of SCR
operating on coal and operating on
natural gas as reasonable progress
controls because the cost-effectiveness
figures for these controls are well above
controls similarly determined in other
first planning period actions to be too
costly. For example, at the Antelope
Valley Station power plant in North
Dakota (Units 1 and 2), we determined
that reasonable progress for NOX
required an emission-limit
corresponding to LNB (0.17 lb/
MMBtu).90 The average costeffectiveness values for LNB at each unit
were $586 and $661 per ton and that
level of control was predicted to achieve
NOX reductions of approximately 3,500
tons per unit. The average costeffectiveness for LNB + SCR at each unit
were $6,746/ton and $7,606/ton and
that level of control was predicted to
achieve NOX reductions of
approximately 6,500 tons per unit. We
ultimately excluded LNB + SCR because
the cost-effectiveness values were much
higher than LNB. We therefore
concluded that requiring higher
performing controls during the first
planning period was not reasonable.91
Similarly, we are proposing here to
approve Wyoming’s determination that
a higher performing control, in this case
SCR 92 operating on coal or natural gas,
is not reasonable given the costeffectiveness and consideration of the
other statutory factors discussed in this
document. Here, the cost of SCR
controls installed at Jim Bridger Units 1
and 2 whether on coal-fired or natural
gas-fired boilers is significantly greater
than the cost of conversion from coal to
natural gas.
In addition to the Antelope Valley
Station, we are also proposing to find
that Wyoming’s determinations were
reasonable and supported by the EPA’s
reasonable progress determination for
Tucson Electric Power’s Springerville
Generating Station in Arizona
(Springerville). For Springerville, cost
effectiveness was analyzed after the
installation of LNB with over-fire air
(LNB/OFA) similar to the analysis of Jim
Bridger Units 1 and 2 with LNB/SOFA
controls already installed (see Tables 3
and 4). The Springerville Generating
88 See ‘Firing Rate’ in Wyoming BART
Application Analysis (AP–6040), page 3. (May 28,
2009).
89 EPA Supplemental NO Revised Reasonable
X
Progress Analysis. March 13, 2024.
90 76 FR 58570, 58632 (September 21, 2011); 77
FR 20894, 20896–97, 20899 (April 6, 2012). LNB
here refers to LNB with close-coupled overfire air
and SOFA.
91 76 FR at 58631–32; 77 FR at 20899.
92 Antelope Valley was not a BART source and
did not have LNB installed at the time of the
reasonable progress analysis; therefore, LNB was
assessed as a potential reasonable progress control
in addition to LNB + SNCR and LNB + SCR. In
contrast, Jim Bridger Units 1 and 2 are operating
LNB/SOFA pursuant to those units’ BART
determinations.
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Station contains four units, and like Jim
Bridger, Springerville Units 3 and 4
already had SCR controls installed at
the time of the reasonable progress
analysis for Units 1 and 2. We
determined the average costeffectiveness for SCR at Springerville
Units 1 and 2 to be $6,829 per ton and
$6,085 per ton, respectively.93
Ultimately, we concluded that the
visibility benefit of SCR, while larger at
0.41 deciviews at the most impacted
Class I area, did not warrant the
relatively high cost of controls for
purposes of reasonable progress in the
first planning period.94
Wyoming did not assess visibility
impacts; thus, we are not assessing
visibility impacts in our review.
Nevertheless, the average cost
effectiveness associated with the
installation of SCR on either the coalfired or natural-gas fired boilers would
be much higher than those we found
unreasonable on Springerville Units 1
and 2.
With respect to time necessary for
compliance, the December 31, 2022, and
December 31, 2021, compliance
deadlines to install SCR on Jim Bridger
Units 1 and 2 have existed since 2014.
Therefore, we do not agree with the
State that the time necessary for
compliance is ‘‘no longer accurate or
relevant.’’
Relevant to energy and non-air quality
environmental impacts, the EPA’s 2007
Guidance references the EPA’s BART
Guidelines, which provide, among other
things, that (1) the fact that a control
technology uses energy in and of itself
does not disqualify that technology, and
(2) the fact that a control technology
creates waste that must be disposed of
does not necessarily suggest selection of
that technology is unwarranted,
especially if the control has been
applied to similar facilities elsewhere
and the waste is similar to those other
applications.95 The 2007 Guidance also
provides that to the extent energy and
non-air quality environmental impacts
of compliance are quantifiable, they
should be included in the engineering
analysis supporting the cost of
compliance estimates.96 Wyoming
analyzed and included relevant
information in this regard in its revised
cost analysis for the Wyoming 2022 SIP
revision.97 We also agree with the State
that the requirements relating to natural
gas conversion effectively limits the
b. Other Statutory Factors
Of the four reasonable progress
factors, cost was the most significant
factor in our analysis of controls for
Units 1 and 2. However, we also
considered the other three statutory
factors: time necessary for compliance,
energy and non-air quality
environmental impacts, and remaining
useful life.
average annual capacity factor (heat
input) to approximately 42%, which is
significant and may result in reducing
the consumption of natural resources.
With respect to remaining useful life,
we agree with the State that the
remaining useful life of the existing
coal-fired boilers under the SCR on coalfiring scenario is shortened to the end
of 2023 by the enforceable provisions in
the consent decree. However, as stated
previously, the State did not provide an
enforceable closure mechanism that
would ensure that the remaining useful
life of Jim Bridger Units 1 and 2 under
the natural gas conversion and SCR on
natural gas-firing scenarios would not
extend beyond 2037.
Overall, despite disagreeing with
certain aspects of Wyoming’s reasonable
progress analyses, consideration of the
three other statutory factors—remaining
useful life, time necessary for
compliance, and energy and non-air
quality environmental impacts—does
not alter analysis that the costs of
compliance is the determining factor for
the selection of controls at Jim Bridger
Units 1 and 2.
c. Analysis of Projected Emissions
Reductions Achievable
We also analyzed the three scenarios
based on their associated NOX
emissions and emissions reductions
achievable (Tables 5 and 6).
TABLE 5—JIM BRIDGER UNITS 1 AND 2 EMISSIONS LIMITS WHEN CONVERTED TO NATURAL GAS
Permitted conversion
NOX
Coal-fired to natural gas-fired boilers 1 .....................................................
1 Operating
0.12 lb/MMBtu (30-day rolling average) 1,314 tons/year.
with a heat input limit of 21,900,000 MMBtu/year (equal to 41.6% of maximum annual heat input).
TABLE 6—JIM BRIDGER UNITS 1 AND 2 COAL TO NATURAL GAS EMISSIONS COMPARISON
NOX
Permitted controls
Coal ..............
Natural gas ..
Existing controls + SCR ......................................................................................
Heat input limit, NOX limits .................................................................................
1 Equivalent
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Emission limit
(lb/MMBtu,
30-day rolling
average)
Fuel
0.12
1,314
1,314
Annual
reduction
(tons/year)
3,600
3,600
to 0.05 lb/MMBtu annual average.
As previously discussed, the EPA
approved Wyoming’s NOX emission
limit of 0.07 lb/MMBtu (30-day rolling
average) for Jim Bridger Units 1 and 2
that reflected existing LNB/SOFA with
the installation of SCR on both units
under the State’s long-term strategy. The
93 79
FR 9318, 9359 (February 18, 2014).
FR 9360; see also 79 FR 52420, 52420
(September 3, 2014).
94 79
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installation of SCR on Jim Bridger Units
1 and 2 would reduce NOX emissions by
3,600 tons/year resulting in total NOX
emissions of 1,314 tons/year when
operated at maximum heat input.
Likewise, the conversion from coal to
natural gas, together with NOX emission
and heat input limits, would result in an
equivalent NOX emissions reduction of
3,600 tons/year resulting in equivalent
total NOX emissions of 1,314 tons/year.
Thus, once Units 1 and 2 are converted
from coal to natural gas under the
conditions of the consent decree, the
95 The EPA’s 2007 Guidance at pages 5–2 and 5–
3; 40 CFR part 51, appendix Y, IV.D.4.h–i.
3.
96 The
EPA’s 2007 Guidance at pages 5–2 and 5–
97 Wyoming
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NOX annual emissions are equivalent to
the annual emissions achieved with
coal-fired SCR controls.
Notably, and as mentioned
previously,98 we recognize the need to
adjust the averaging periods (e.g.,
annual actual average, 30-day rolling
average), as appropriate. In the
Wyoming 2022 SIP revision, the State
chose to use an annual NOX emissions
rate of 0.05 lb/MMBtu to represent the
installation of SCR on coal-fired or
natural gas-fired boilers, which we are
proposing to find appropriate.
Generally, the NOX annual average
emission rate is based on the expected
annual emission performance under a
30-day rolling average emission rate.
The latter value will necessarily be
higher than the former because of the
shorter averaging period and a margin
for compliance.
For example, the relationship between
annual average and 30-day rolling
average can be observed at Jim Bridger
Units 3 and 4 which are subject to a 30day rolling average emission limit of
0.07 lb/MMBtu and are achieving actual
annual emission rates of approximately
0.05 lb/MMBtu.99 Thus, we find that an
estimated actual annual emission limit
of 0.05 lb/MMBtu appropriately
corresponds to the 30-day rolling
average emission limit of 0.07 lb/
MMBtu.
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2. Summary of the EPA’s Evaluation of
Wyoming’s Reasonable Progress
Demonstration
We are proposing to find that
Wyoming’s determination was not
unreasonable based on the
circumstances described herein.
However, we note that it may be
necessary to reassess higher performing
controls for reasonable progress sources,
including Jim Bridger Units 1 and 2, in
future planning periods.100
Regardless, considering the fact that
this is a first planning period reasonable
progress determination for BART
sources which the State has already
required controls for the first planning
period, the costs of compliance, and the
analysis of projected emissions
reductions achievable, it is not
unreasonable for Wyoming to conclude
that conversion from coal-firing to
natural gas-firing, together with NOX
emission and heat input limits, on Jim
Bridger Units 1 and 2 is sufficient to
make reasonable progress in the first
planning period. Thus, we are
98 See
footnote #63.
FR 55656, 55662 (November 7, 2018).
100 Wyoming’s regional haze second planning
period proposed SIP revision was due July 31, 2021.
40 CFR 51.308(f).
99 83
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proposing to fully approve Wyoming’s
reasonable progress determination for
Jim Bridger Units 1 and 2 for the first
implementation period.
B. The EPA’s Proposed Approval of
Wyoming’s Long-Term Strategy for Jim
Bridger Units 1 and 2
Under 40 CFR 308(d)(3), a state’s
‘‘long-term strategy must include
enforceable emissions limitations,
compliance schedules, and other
measures as necessary to achieve the
reasonable progress goals established by
States having mandatory Class I Federal
areas.’’ Wyoming submitted the
Wyoming 2022 SIP revision to replace
the approved reductions under the longterm strategy with comparable emission
reductions as analyzed under reasonable
progress. As described in more detail
previously, we are proposing to find
that the conversion of Jim Bridger Units
1 and 2 to natural gas along with
associated NOX limits and decreasing
heat input, results in NOX annual
emissions that are equivalent to the
annual emissions achieved with coalfired SCR controls (a reduction of NOX
emissions by 3,600 tons/year resulting
in total NOX emissions of 1,314 tons/
year when operated at maximum heat
input). Since reasonable progress is a
subset of the requirements for the longterm strategy, adoption of the emission
reductions under reasonable progress
for Jim Bridger Units 1 and 2 will also
ensure that the long-term strategy
requirements are met. Because
Wyoming has demonstrated that the
proposed emissions reductions for Jim
Bridger Units 1 and 2 under reasonable
progress are equivalent to the long-term
strategy emissions reductions Wyoming
is proposing to replace for those same
units, we are also proposing to approve
Wyoming’s reasonable progress NOX
emissions limit derived for natural gas
conversion and reduced heat inputs for
Jim Bridger Units 1 and 2 as meeting the
requirements of long-term strategy.
C. Monthly and Annual NOX and SO2
Emission Limits for Jim Bridger Units
1–4
Our proposed approval of Wyoming’s
reasonable progress determination for
Jim Bridger Units 1 and 2 is based solely
on the source-specific NOX reasonable
progress analysis, as this analysis and
determination pertains to NOX only. As
previously stated, Wyoming did not
provide a rationale or analysis for the
inclusion of the monthly and annual
NOX and SO2 emission limits.
Furthermore, these limits include both
NOX and SO2 emissions reductions
which is outside of the scope of this
proposed rulemaking. Nevertheless, we
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25211
acknowledge that (1) per the EPA’s 2007
Reasonable Progress Goals Guidance,
Wyoming has discretion to evaluate
factors (beyond the four statutory
factors) that it considers relevant in
formulating its long-term strategy,101
and (2) the inclusion of the monthly and
annual NOX and SO2 emissions limits
will reduce haze-causing pollutants.
Indeed, the State has opted to adopt and
make enforceable these monthly and
annual NOX and SO2 emission limits, as
proposed by PacifiCorp, through a state
permit. Thus, we propose to find that
these limits are relevant to Wyoming’s
progress towards natural visibility
conditions at its Class I areas. However,
because we are proposing that
Wyoming’s regional haze obligations
under 40 CFR 51.308(d)(1)(i)(A) are met
by the determinations made pursuant to
the NOX reasonable progress analysis,
we propose to accept these limits solely
as a SIP-strengthening measure, thus
making them federally enforceable
through incorporation and reference to
Wyoming air quality permit
#P0025809.102
D. Monitoring, Recordkeeping, and
Reporting
We are proposing to approve certain
monitoring, recordkeeping, and
reporting requirements found in
Wyoming air quality permit #P0036941
associated with the conversion from
coal-firing to natural gas-firing which, if
finalized, will replace the monitoring,
recordkeeping, and reporting
requirements associated with EPA’s
2014 final rule found in 40 CFR
52.2636(e) through 40 CFR
52.2636(k).103 We are also proposing to
approve an additional monitoring,
recordkeeping, and reporting condition
into the SIP associated with permit
#P0025809 related to the monthly and
annual NOX and SO2 emission limits for
Jim Bridger Units 1–4.104 The condition
will be in addition to, and does not
replace, existing requirements.105
101 The
EPA’s 2007 Guidance at page 5–1.
are not evaluating the monthly and annual
NOX and SO2 emission limits beyond our proposed
acceptance of these limits as a SIP-strengthening
measure.
103 Permit #P0036941, Conditions 4, 5, 6, 10.i.1,
10.i.4, 17, 18, 19, 20, and 21.
104 Permit #P0025809, Condition 8.i.
105 The monitoring, recordkeeping, and reporting
requirements associated with Permit #P0025809
correspond to the monitoring, recordkeeping, and
reporting requirements promulgated at 40 CFR
52.2636(e) through 40 CFR 52.2636(k) and differ
only as necessary to accommodate the differences
in emissions rates used for the monthly annual NOX
and SO2 emissions limits. Specifically, the
monitoring, recordkeeping, and reporting
requirements at 40 CFR 52.2636(e) through 40 CFR
52.2636(k) assume lb/MMBtu rates for NOX on a 30102 We
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The BART emission limits for Units 3
and 4 identified for the Jim Bridger
power plant in Table 1 of 40 CFR
52.2636 and associated NOX-related
monitoring, recordkeeping, and
reporting requirements found in 40 CFR
52.2636(e) through 40 CFR 52.2636(k)
will remain in effect for the BART limits
and reasonable progress limits will
therefore not be impacted upon
approval of our proposed revisions.
ddrumheller on DSK120RN23PROD with PROPOSALS1
E. Consultation With Federal Land
Managers
There are seven Class I areas in the
State of Wyoming. The United States
Forest Service manages the Bridger
Wilderness, Fitzpatrick Wilderness,
North Absaroka Wilderness, Teton
Wilderness, and Washakie
Wilderness.106 The National Park
Service manages Grand Teton National
Park and Yellowstone National Park.
The Regional Haze Rule grants the
FLMs, regardless of whether an FLM
manages a Class I area within the state,
a special role in the review of regional
haze implementation plans,
summarized in section II.D. of this
preamble.
Under 40 CFR 51.308(i)(2), Wyoming
was obligated to provide the FLMs with
an opportunity for consultation in
development of the State’s SIP revision
no less than 60 days prior to the
associated public hearing or public
comment opportunity. On June 7, 2022,
the State of Wyoming informed the
FLMs of the State’s draft proposed
regional haze SIP revision for the Jim
Bridger power plant. In doing so, the
State provided the FLMs with a copy of
the draft regional haze SIP revision and
related consent decree 107 and provided
the FLMs with 60 days to provide
comments as well as the opportunity to
discuss the draft SIP during a phone
call, if requested.108 The State received
comments from the FLMs, made those
comments available during the public
comment period, and responded to the
day rolling basis, while the monitoring,
recordkeeping, and reporting requirements for the
monthly and annual NOX and SO2 emissions limits
in Permit #P0025809 assume lb/hr rates for NOX
and SO2 on a monthly-block basis.
106 Our 2014 final rule modeled visibility
improvement for six Class I areas in Wyoming
(Bridger Wilderness, Fitzpatrick Wilderness, Teton
Wilderness, Washakie Wilderness, Grand Teton
National Park, and Yellowstone National Park) as
well as three additional Class I areas in Colorado
(Mt. Zirkel Wilderness, Rawah Wilderness, and
Rocky Mountain National Park).
107 Consent Decree, State of Wyoming v.
PacifiCorp, Docket No. 2022–CV–200–333. First
Judicial District Court, Laramie, Wyoming.
(February 14, 2022).
108 Email from Amber Potts, Wyoming
Department of Environmental Quality, to Federal
Land Managers. June 7, 2022.
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comments in the final SIP submittal.109
Therefore, we propose to find that
Wyoming met its obligations for
consultation in development of the
State’s draft regional haze SIP revision.
V. Clean Air Act Section 110(l)
Under CAA section 110(l), the EPA
cannot approve a plan revision ‘‘if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in section 7501 of
this title), or any other applicable
requirement of this chapter.’’ 110 The
previous sections of the document
explain how the Wyoming 2022 SIP
revision will comply with applicable
regional haze requirements and general
implementation plan requirements,
such as enforceability, and that annual
NOX emissions are not greater than what
is currently allowed in the SIP. There
are no National Ambient Air Quality
Standard (NAAQS) nonattainment areas
in Wyoming for nitrogen dioxide (NO2)
or PM.111 Likewise, there are also no
NAAQS nonattainment areas in the
State of Wyoming for SO2.
With respect to ozone NAAQS
nonattainment areas,112 the Upper
Green River Basin ozone nonattainment
area covers areas in Lincoln, Sublette,
and Sweetwater counties and was
designated nonattainment for the 2008
8-hour ozone NAAQS on July 20,
2012.113 On May 4, 2016, the EPA
finalized a determination of attainment
for the Upper Green River Basin
nonattainment area.114 Based on the
most recent 3 years of valid data at that
time (2012–2014), the Upper Green
River Basin attained the 2008 8-hour
ozone NAAQS by the attainment date of
July 20, 2015, and continued to attain
that standard during the most recent
monitoring period (from 2020 to
2022).115 Thus, the Upper Green River
Basin is attaining the 2008 8-hour ozone
109 Per the CAA 169A(d), states shall include a
summary of the conclusions and recommendations
of the FLMs in the notice to the public.
110 Note that ‘‘reasonable further progress’’ as
used in CAA section 110(l) is a reference to that
term as defined in section 301(a) (i.e., 42 U.S.C.
7501(a)), and as such means reductions required to
attain the NAAQS set for criteria pollutants under
section 109. This term as used in section 110(l) (and
defined in section 301(a)) is not synonymous with
‘‘reasonable progress’’ as that term is used in the
regional haze program. Instead, section 110(l)
provides that the EPA cannot approve plan
revisions that interfere with regional haze
requirements (including reasonable progress
requirements) insofar as they are ‘‘other applicable
requirement[s]’’ of the CAA.
111 See Wyoming 2020 SIP revision at 13.
112 NO is an ozone precursor.
X
113 77 FR 30088 (May 21, 2012).
114 81 FR 26697 (May 4, 2016).
115 EPA, ‘‘Air Quality System Preliminary Design
Value Report,’’ October 5, 2022.
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NAAQS at current emissions levels
which would not increase under
Wyoming’s 2022 SIP revision because
the proposed action results in emissions
reductions equivalent to the previous
SIP. In addition, the Upper Green River
Basin is not a nonattainment area for the
2015 ozone NAAQS as it had an
attaining design value of 63 ppb 116 at
the time of the designations in 2017.
The current 2020–2022 preliminary
design value is also attaining with a
value of 67 ppb.117
Therefore, we propose to find that the
Wyoming 2022 SIP revision is not
anticipated to interfere with applicable
requirements of the CAA and therefore
CAA section 110(l) does not prohibit
approval of this SIP.
VI. Summary of the EPA’s Proposed
Action
In this action, the EPA is proposing to
approve Wyoming’s 2022 SIP revision
for the NOX reasonable progress analysis
and determination for Jim Bridger Units
1 and 2, including the associated
emission and operational limitations,
compliance dates, and monitoring,
recordkeeping and reporting
requirements as well as the separate
monthly and annual NOX and SO2
emissions limits. Specifically, the EPA
is proposing to approve the following as
federally enforceable elements of the
Wyoming 2022 SIP revision for Jim
Bridger Units 1–4:
• The NOX emission limits found in
Wyoming air quality permit #P0036941
(Condition 9 for NOX lb/MMBtu and
tons/year emission limits) for Units 1
and 2.
• The NOX and SO2 emission limits
found in Wyoming air quality permit
#P0025809 (Condition 7 for lb/hr and
Condition 9 for tons/year) for Units 1–
4.
• The operational limit on annual
heat input (based on a 12-month rolling
average of hourly heat input values)
found in Wyoming air quality permit
#P0036941 (Condition 19).
• The compliance dates found in
Wyoming air quality permit #P0036941
(Conditions 11 and 16) requiring that
Units 1 and 2 comply with NOX
emission rates in lb/MMBtu (30-day
rolling average) and tons/year as well as
an annual heat input in MMBtu/year;
and permit #P0025809 (Conditions 7
and 9) requiring that Units 1–4 comply
with the NOX and SO2 emission limits
in lb/hr and tons/year, respectively.
116 EPA, ‘‘Ozone Design Values Report, 2016,’’
October 2, 2017.
117 EPA, ‘‘Upper Green River Basin 2020–2022
Preliminary Ozone Design Value Report,’’ Row 18,
October 5, 2022.
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• The monitoring, recordkeeping and
reporting requirements found in
Wyoming air quality permit #P0036941
(Conditions 4, 5, 6, 10.i.1, 10.i.4, 17, 18,
19, 20, and 21) and permit #P0025809
(Condition 8.i and 9).
If the above elements are finalized
into the SIP, the 0.07 lb/MMBtu NOX
long-term emission limits for Jim
Bridger Units 1 and 2 will be removed
from the SIP and replaced with the 0.12
lb/MMBtu NOX reasonable progress
emission limit and associated NOX
emissions and heat input limits, while
the 0.07 lb/MMBtu NOX long-term
strategy emission limits will remain for
Units 3 and 4.
We are also proposing to approve the
following non-enforceable elements of
the Wyoming 2022 SIP revision for:
• Jim Bridger Units 1 and 2, Chapters
7.3.6 PacifiCorp Jim Bridger Electric
Generating Station of Wyoming’s
regional haze narrative, Addressing
Regional Haze Visibility Protection For
The Mandatory Federal Class I Areas
Required Under 40 CFR 51.309, which
contain a source-specific NOX
reasonable progress analysis.
• Jim Bridger Units 1–4, Chapter 8.3.3
Long-Term Control Strategies for BART
25213
Facilities (Jim Bridger Power Plant
(Units 1 and 2) only) of Wyoming’s
regional haze narrative, Addressing
Regional Haze Visibility Protection For
The Mandatory Federal Class I Areas
Required Under 40 CFR 51.309, which
contains (1) plant-wide monthly NOX
and SO2 emission limits and an annual
emissions cap for NOX plus SO2; 118 and
(2) a compliance date to convert Units
1 and 2 to natural gas along with an
associate NOX 30-day rolling average
(lb/MMBtu), NOX annual emission cap
(tons/year), and annual heat input
(MMBtu/year).
TABLE 7—LIST OF WYOMING SIP AMENDMENTS THAT THE EPA IS PROPOSING TO APPROVE
Conditions of Wyoming Air Quality Permit #P0036941 Proposed for Approval
Condition 9 for NOX lb/MMBtu and tons/year emission limits; Condition 11 for fuel compliance date; Conditions 16, 19 for heat input limit and
associated compliance date; and Conditions 4, 5, 6, 10.i.1, 10.i.4, 17, 18, 19, 20, and 21 for associated monitoring, recordkeeping, and reporting requirements.
Conditions of Wyoming Air Quality Permit #P0025809 Proposed for Approval
Condition 7 (lb/hr emission limits) and 9 (tons/year emission limits) for NOX and SO2 monthly-block and annual emission limits and compliance
dates, and Condition 8.i for associated monitoring, recordkeeping, and reporting requirements.
Amended Sections of Wyoming Regional Haze SIP Narrative Proposed for Approval 1
Chapter 7.3.6, Chapter 8.3.3 (Jim Bridger Power Plant (Units 1 and 2) only)
ddrumheller on DSK120RN23PROD with PROPOSALS1
1 Wyoming
2022 SIP revision.
Together these proposed amendments
modify:
• 40 CFR 52.2620(d)—air quality
permit amendments adding (1) the
requirement to convert to natural gas
and associated NOX emissions limits
and annual heat input for Jim Bridger
Units 1 and 2, (2) the monthly and
annual NOX and SO2 emission limits for
Jim Bridger Units 1–4, and (3)
associated monitoring, recordkeeping
and reporting requirements;
• 40 CFR 52.2620(e)—regional haze
narrative amendments adding (1) a
source-specific NOX reasonable progress
analysis and determination for Jim
Bridger Units 1 and 2 along with
associated NOX emission limits and
annual heat input, and (2) the monthly
and annual NOX and SO2 emission
limits for Jim Bridger Units 1–4; and
• 40 CFR 52.2636(c)–(d)—NOX and
SO2 emissions limits, heat input, and
associated compliance dates for Jim
Bridger Units 1–4.
The proposed revisions to both 40
CFR 52.2620 and 40 CFR 52.2636 are
included in this document. We are not
proposing to change any other
regulatory text in 40 CFR 52.2620 or 40
CFR 52.2636.
118 The revised text in Chapter 8 refers only to Jim
Bridger Units 1 and 2. However, the monthly and
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VII. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
an EPA final rule that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is proposing to
incorporate by reference the SIP
amendments described in section VI. of
this preamble. The EPA has made, and
will continue to make, these materials
generally available through https://
www.regulations.gov (refer to docket
EPA–R08–OAR–2022–0536) and at the
EPA Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VIII. 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
EPA’s role is to approve state choices,
provided that they meet the
requirements of the CAA and applicable
Federal regulations. Accordingly, this
annual NOX and SO2 emissions limits contained
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Fmt 4702
Sfmt 4702
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
within the permit referenced, #P0025809, apply to
Units 1–4 (Wyoming 2022 SIP revision at 8).
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ddrumheller on DSK120RN23PROD with PROPOSALS1
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 CAA; and
In addition, the SIP is not approved
to apply on any Indian reservation land
or 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 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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
Regulation
Rule title
*
Jim Bridger Units 1
and 2.
*
Air Quality SIP Permit containing
conversion to natural gas requirements, P0036941.
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17:32 Apr 09, 2024
Jkt 262001
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The State did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA did not perform an
EJ analysis and did not consider EJ in
this action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. Consideration of EJ is not required
as part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
State
effective
date
*
August 29, 2023 ..
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Frm 00029
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 2, 2024.
KC Becker,
Regional Administrator, Region 8.
For the reasons stated in the
preamble, the Environmental Protection
Agency proposes to amend 40 CFR part
52 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 ZZ—Wyoming
2. In § 52.2620:
a. The table in paragraph (d) is
amended by adding the entries ‘‘Jim
Bridger Units 1 and 2’’ and ‘‘Jim Bridger
Units 1–4’’ in alphabetical order at the
end of the table.
■ b. The table in paragraph (e) is
amended by revising the entry ‘‘(25)
XXV’’.
The additions and revision read as
follows:
■
■
§ 52.2620
*
Identification of plan.
*
*
(d) * * *
*
*
EPA effective date
Final rule citation/
date
Comments
*
[date 30 days after
date of publication
of the final rule in
the Federal Register].
*
[Federal Register
citation of the final
rule], [date of publication of the final
rule in the Federal
Register].
*
*
Only the following permit provisions: NOX emission limits
(Condition 9 for NOX lb/
MMBtu and tons/year emission limits); emission limit
compliance date (Condition
11 for fuel compliance date);
heat input limit and associated compliance date (Condition 16, 19); and associated monitoring, recordkeeping, and reporting requirements (Conditions 4, 5,
6, 10.i.1, 10.i.4, 17, 18, 19,
20, and 21).
Fmt 4702
Sfmt 4702
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State
effective
date
Regulation
Rule title
Jim Bridger Units 1–
4.
Air Quality SIP Permit containing additional requirements, P0025809.
5/5/2020 ...............
EPA effective date
Final rule citation/
date
Comments
[date 30 days after
date of publication
of the final rule in
the Federal Register].
[Federal Register
citation of the final
rule], [date of publication of the final
rule in the Federal
Register].
Only the following permit provisions: NOX and SO2 monthly-block and annual emission
limits (P0025809 Condition 7
for lb/hr emission limits, and
Condition 9 for tons/year
emission limits); emission
limit compliance dates
(P0025809, Conditions 7
and 9); and associated monitoring, recordkeeping, and
reporting requirements
(P0025809, Condition 8.i).
(e) * * *
State
effective
date
Rule No.
Rule title
*
(25) XXV .........
*
Wyoming State
Implementation Plan for
Regional Haze
for 309(g).
*
EPA Effective
date
*
[date 30 days
after date of
publication
of the final
rule in the
Federal
Register].
5/23/22
*
Final rule citation/date
*
*
*
*
[Federal Register citaExcluding portions of the following: Chapters 6.4,
tion of the final rule],
6.5.7, 6.5.8, and 7.5. EPA disapproved (1) the
[date of publication of
NOX BART determinations for (a) Laramie
the final rule in the
River Units 1–3, (b) Dave Johnston Unit 3, and
Federal Register].
(c) Wyodak Unit 1; (2) the State’s monitoring,
recordkeeping, and reporting requirements for
BART units; and (3) the State’s reasonable
progress goals.
*
3. In § 52.2636:
a. Revise table 1 in paragraph (c)(1).
b. Add tables 3 and 4 in numerical
order in paragraph (c)(1).
■
■
■
Comments
*
*
c. Revise paragraph (d)(1).
The revisions and additions read as
follows:
■
*
§ 52.2636
haze.
*
Implementation plan for regional
(c) * * *
(1) * * *
TABLE 1 TO § 52.2636
[Emission limits for BART units for which the EPA approved the State’s BART and Reasonable Progress determinations]
PM emission
limits—
lb/MMBtu
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Source name/BART unit
FMC Westvaco Trona Plant/Unit NS–1A ..........................................................................................................
FMC Westvaco Trona Plant/Unit NS–1B ..........................................................................................................
TATA Chemicals Partners (General Chemical) Green River Trona Plant/Boiler C ..........................................
TATA Chemicals Partners (General Chemical) Green River Trona Plant/Boiler D ..........................................
Basin Electric Power Cooperative Laramie River Station/Unit 1 ......................................................................
Basin Electric Power Cooperative Laramie River Station/Unit 2 ......................................................................
Basin Electric Power Cooperative Laramie River Station/Unit 3 ......................................................................
PacifiCorp Dave Johnston Power Plant/Unit 3 ..................................................................................................
PacifiCorp Dave Johnston Power Plant/Unit 4 ..................................................................................................
PacifiCorp Jim Bridger Power Plant/Unit 1 1 2 ...................................................................................................
PacifiCorp Jim Bridger Power Plant/Unit 2 1 2 ...................................................................................................
PacifiCorp Jim Bridger Power Plant/Unit 3 1 2 ...................................................................................................
PacifiCorp Jim Bridger Power Plant/Unit 4 1 2 ...................................................................................................
PacifiCorp Naughton Power Plant/Unit 1 ..........................................................................................................
PacifiCorp Naughton Power Plant/Unit 2 ..........................................................................................................
PacifiCorp Wyodak Power Plant/Unit 1 .............................................................................................................
0.05
0.05
0.09
0.09
0.03
0.03
0.03
0.015
0.015
0.03
0.03
0.03
0.03
0.04
0.04
0.015
NOX emission
limits–
lb/MMBtu
(30-day rolling
average)
0.35
0.35
0.28
0.28
N/A
N/A
N/A
N/A
0.15
0.26/0.12
0.26/0.12
0.26/0.07
0.26/0.07
0.26
0.26
N/A
1 The owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3, and 4 shall comply with the NO emission limit for BART of 0.26 lb/MMBtu
X
and the PM emission limit for BART of 0.03 lb/MMBtu and other requirements of this section by March 4, 2019. The owners and operators of
PacifiCorp Jim Bridger Units 1, 2, 3, and 4 shall comply with the NOX emission limit for reasonable progress of 0.12 lb/MMBtu by January 1,
2024, for Jim Bridger Units 1 and 2 and 0.07 lb/MMBtu by December 31, 2015, for Unit 3, and December 31, 2016, for Unit 4.
VerDate Sep<11>2014
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Proposed Rules
2 Additional NO and SO emissions control measures and associated compliance dates for Jim Bridger Units 1–4, are found in § 52.2636(c)
X
2
Tables 3 and 4.
*
*
*
*
*
TABLE 3 TO § 52.2636
[NOX and SO2 Emission Limits for Jim Bridger Units 1–4, Effective January 1, 2022]
Total units 1–4
NOX emission limit
(monthly average
basis) 1 2
(lb/hour)
Month
January ....................................................................................................................................
February ...................................................................................................................................
March .......................................................................................................................................
April ..........................................................................................................................................
May ..........................................................................................................................................
June .........................................................................................................................................
July ...........................................................................................................................................
August ......................................................................................................................................
September ...............................................................................................................................
October ....................................................................................................................................
November ................................................................................................................................
December ................................................................................................................................
Total units 1–4
SO2 emission limit
(monthly average
basis) 1 2
(lb/hour)
2,050
2,050
2,050
2,050
2,200
2,500
2,500
2,500
2,500
2,300
2,030
2,050
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
1 Effective
January 1, 2022, through December 31, 2023.
addition to monthly NOX and SO2 emission limits, an annual, plant-wide NOX plus SO2 emissions cap of 17,500 tons per year is effective
January 1, 2022, through December 31, 2023.
2 In
TABLE 4 TO § 52.2636
[NOX Emission Limits and Heat Input for Jim Bridger Units 1–2, Effective January 1, 2024]
NOX emission limit
(tons/year)
Unit
Unit 1 .......................................................................................................................................
Unit 2 .......................................................................................................................................
ddrumheller on DSK120RN23PROD with PROPOSALS1
*
*
*
*
*
(d) Compliance date. (1) The owners
and operators of PacifiCorp Jim Bridger
Units 1, 2, 3, and 4 shall comply with
the NOX emission limit of 0.26 lb/
MMBtu and PM emission limit of 0.03
lb/MMBtu and other requirements of
this section by March 4, 2019. The
owners and operators of PacifiCorp Jim
Bridger Units 1 and 2 shall comply with
the NOX emission limit of 0.12 lb/
MMBtu by January 1, 2024. The owners
and operators of PacifiCorp Jim Bridger
Units 3 and 4 shall comply with the
NOX emission limit of 0.07 lb/MMBtu
by: December 31, 2015, for Unit 3, and
December 31, 2016, for Unit 4. The
owners and operators of PacifiCorp Jim
Bridger Units 1, 2, 3, and 4 shall comply
with the NOX and SO2 emission limits
contained in § 52.2636(c) Table 3 by
January 1, 2022. The owners and
operators of PacifiCorp Jim Bridger
Units 1 and 2 shall comply with NOX
emission and heat input limits
contained in § 52.2636(c) Table 4 by
January 1, 2024.
*
*
*
*
*
[FR Doc. 2024–07414 Filed 4–9–24; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2023–0441; FRL–11837–
01–R8]
Air Plan Approval; Colorado; 2017
Base Year Inventory and Emission
Statement Rule Marginal
Nonattainment Requirements,
Revisions to Regulation 3
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
state implementation plan (SIP)
revisions submitted by the State of
Colorado to meet certain Clean Air Act
(CAA) requirements related to the
Denver Metro/North Front Range
(DMNFR) area’s classification as
Marginal nonattainment for the 2015 8hour ozone national ambient air quality
standards (NAAQS). The revisions
contain a base year emissions inventory
for the nonattainment area and certify
that the State’s existing Air Pollutant
SUMMARY:
PO 00000
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1,314
1,314
Heat input
(MMBtu/year)
21,900,000
21,900,000
Emissions Notice (APEN) program
fulfills the CAA’s emission statement
rule requirement. The revisions also
include a new requirement for annual
certification of APEN reported
emissions. Unrelated to Colorado’s
Marginal ozone nonattainment
obligations, EPA is also proposing to
approve the State’s revisions to
Regulation 3 concerning an update to
the date of incorporation by reference of
global warming potentials used in the
computation of the carbon dioxide
equivalent for comparing emissions
from various greenhouse gases (GHGs).
EPA is taking this action pursuant to the
CAA.
DATES: Written comments must be
received on or before May 10, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2023–0441, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
E:\FR\FM\10APP1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Proposed Rules]
[Pages 25200-25216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07414]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2022-0536; FRL-11829-01-R8]
Air Plan Approval; Wyoming; Revisions to Regional Haze State
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Wyoming on December 30, 2022, and supplemented on August 31,
2023, and November 16, 2023, addressing regional haze (Wyoming 2022 SIP
revision). The Wyoming 2022 SIP revision replaces Wyoming's previously
approved source-specific nitrogen oxide (NOX) determination
for PacifiCorp's Jim Bridger power plant (Jim Bridger) Units 1 and 2 of
0.07 lb/MMBtu for each unit associated with the installation of
selective catalytic reduction (SCR) controls to address the long-term
strategy. Specifically, the Wyoming 2022 SIP revision finds that
conversion from coal-firing to natural gas-firing, together with
NOX emission and heat input limits of 0.12 lb/MMBtu (30-day
rolling average), 1,314 tons/year, and 21,900,000 MMBtu/year,
respectively, allows for identical reasonable progress during the first
planning period as the installation SCR controls. Separately, we are
also proposing to approve Wyoming's monthly and annual NOX
and sulfur dioxide (SO2) emissions limits for Jim Bridger
Units 1-4. The EPA is proposing this action pursuant to sections 110
and 169A of the Clean Air Act (CAA).
DATES: Comments: Written comments must be received on or before May 10,
2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2022-0536, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
https://www.regulations.gov. The 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. 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, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
https://www.regulations.gov. Please email or call the person listed in
the FOR FURTHER INFORMATION CONTACT section if you need to make
alternative arrangements for access to the docket.
FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode 8P-ARD, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303) 312-6252, email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. What action is the EPA proposing?
II. Background
A. Requirements of the Clean Air Act and the EPA's Regional Haze
Rule
B. Best Available Retrofit Technology (BART)
C. Long-Term Strategy and Reasonable Progress Requirements
D. Consultation With Federal Land Managers (FLMs)
E. Monitoring, Recordkeeping, and Reporting
III. Wyoming's Regional Haze SIP Submittals
A. Background and Wyoming's Initial Regional Haze SIP
B. November 2017 Regional Haze Progress Report
C. May 2020 Regional Haze SIP Revision
D. December 2022 Regional Haze SIP Revision
E. Wyoming's Reassessment of Reasonable Progress Under Long-Term
Strategy
1. Costs of Compliance
2. Time Necessary for Compliance
3. Energy and Non-Air Quality Environmental Impacts of
Compliance
4. Remaining Useful Life
5. Reasonable Progress Demonstration
F. Summary of Wyoming's Additional Proposed Revisions to the
Emission Limits for Jim Bridger
IV. The EPA's Evaluation and Proposed Approval of Wyoming's Regional
Haze SIP Revisions
A. The EPA's Proposed Approval of Wyoming's Reasonable Progress
Determination for Jim Bridger Units 1 and 2
1. Basis for the EPA's Proposed Approval
a. Costs of Compliance
b. Other Statutory Factors
c. Analysis of Projected Emissions Reductions Achievable
2. Summary of the EPA's Evaluation of Wyoming's Reasonable
Progress Demonstration
B. The EPA's Proposed Approval of Wyoming's Long-Term Strategy
for Jim Bridger Units 1 and 2
C. Monthly and Annual NOX and SO2 Emission
Limits for Jim Bridger Units 1-4
D. Monitoring, Recordkeeping, and Reporting
E. Consultation With Federal Land Managers
V. Clean Air Act Section 110(l)
VI. Summary of the EPA's Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The Jim Bridger power plant is located in Sweetwater County,
Wyoming, and is owned in part, and operated, by PacifiCorp. The power
plant is composed of four 530 megawatt (MW) tangentially fired boilers
burning pulverized coal for a total net generating capacity of 2,120
MW.
On January 30, 2014, the EPA promulgated a final rule titled,
``Approval, Disapproval and Promulgation of Implementation Plans; State
of Wyoming; Regional Haze State Implementation Plan; Federal
Implementation Plan for Regional Haze,'' approving, in part, a regional
haze SIP revision submitted by the State of Wyoming on January 12, 2011
(2014 final rule).\1\ In the 2014 final rule, the EPA approved
Wyoming's determination to require low-NOX burners (LNB) and
separated overfire air (SOFA) at Jim Bridger Units 1-4, with
[[Page 25201]]
a NOX best available retrofit technology (BART) emission
limit of 0.26 pounds per million British Thermal Units (lb/MMBtu) (30-
day rolling average) for Jim Bridger Units 1-4.\2\ The EPA also
approved Wyoming's determination to require SCR at Jim Bridger Units 1-
4, with a NOX emission limit of 0.07 lb/MMBtu (30-day
rolling average), as part of its long-term strategy.\3\
---------------------------------------------------------------------------
\1\ 79 FR 5032 (January 30, 2014).
\2\ Wyoming determined that all four units are subject to BART.
77 FR 33022, 33030, 33035 (June 4, 2012).
\3\ The BART determination compliance date for all units was
March 4, 2019. Long-term strategy determination compliance dates for
each include: Unit 1 = December 31, 2022; Unit 2 = December 31,
2021; Unit 3 = December 31, 2015; and Unit 4 = December 31, 2016.
---------------------------------------------------------------------------
The EPA is proposing to approve a SIP revision submitted by the
State to the EPA on December 30, 2022, and supplemented on August 31,
2023, and November 16, 2023, which will replace the previously approved
NOX emission limit of 0.07 lb/MMBtu (30-day rolling average)
at Jim Bridger Units 1 and 2 for Wyoming's long-term strategy.\4\ The
Wyoming 2022 SIP revision amends the State's previously approved long-
term strategy for the first Regional Haze planning period and is
requiring Jim Bridger Units 1 and 2 to operate consistent with
conversion from coal-firing to natural gas-firing by January 1, 2024,
with NOX emission limits of 0.12 lb/MMBtu (30-day rolling
average) and 1,314 tons/year for each unit and a heat input limit of
21,900,000 MMBtu/year per unit. The Wyoming 2022 SIP revision reflects
changes to Chapters 7 and 8 of Wyoming's regional haze SIP narrative
\5\ and incorporates certain conditions of Wyoming air quality permits
#P0025809 and #P0036941, some conditions of which were memorialized in
a Wyoming court-approved consent decree between Wyoming and
PacifiCorp.6 7 Ultimately, the Wyoming 2022 SIP revision
finds conversion from coal-firing to natural gas-firing, together with
NOX emission and heat input limits, to be sufficient for
reasonable progress during the first planning period, and finds the
emission limits associated with the installation of SCR controls are no
longer required. The State also included NOX and
SO2 monthly and annual emissions limits for Jim Bridger
Units 1-4.\8\
---------------------------------------------------------------------------
\4\ On May 23, 2022, Wyoming submitted a draft SIP revision and
requested that the EPA parallel process this revision to their
Regional Haze 309(g) first planning period SIP. Parallel processing
generally refers to concurrent state and federal proposed rulemaking
actions. In this action, however, the state submitted a final SIP
revision after the state concluded its state rulemaking action thus
we are proposing action on the state's final SIP revision and are
not parallel processing the rulemaking.
\5\ State of Wyoming, ``Addressing Regional Haze Visibility
Protection For The Mandatory Federal Class I Areas Required Under 40
CFR 51.309,'' Revised May 23, 2022 (``Wyoming 2022 SIP revision'').
\6\ Consent Decree, State of Wyoming v. PacifiCorp, Docket No.
2022-CV-200-333, First Judicial District Court, Laramie, Wyoming.
(February 14, 2022).
\7\ An EPA Administrative Compliance Order On Consent found
PacifiCorp in violation of the Wyoming SIP and the Clean Air Act and
ordered PacifiCorp to comply, no later than June 9, 2023, with the
terms of the Wyoming 2022 SIP revision, based on the requirements
found in the February 14, 2022 consent decree. EPA Administrative
Compliance Order On Consent, PacifiCorp--Jim Bridger Power Plant,
CAA-08-2022-0006 (EPA June 9, 2022).
\8\ These limits represent a separate SIP component from
Wyoming's long-term strategy analysis and determination. See
sections IV.C. and VI.
---------------------------------------------------------------------------
II. Background
A. Requirements of the Clean Air Act and the EPA's Regional Haze Rule
In section 169A of the CAA, Congress created a program for
protecting visibility in 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, impairment of visibility
in mandatory Class I Federal areas which impairment results from
manmade air pollution.'' \9\
---------------------------------------------------------------------------
\9\ 42 U.S.C. 7491(a). Areas designated as mandatory Class I
Federal areas consist of national parks exceeding 6,000 acres,
wilderness areas and national memorial parks exceeding 5,000 acres,
and all international parks that were in existence on August 7,
1977. 42 U.S.C. 7472(a). In accordance with section 169A of the CAA,
the EPA, in consultation with the Department of Interior,
promulgated a list of 156 areas where visibility is identified as an
important value. 44 FR 69122 (November 30, 1979). The extent of a
mandatory Class I area includes subsequent changes in boundaries,
such as park expansions. 42 U.S.C. 7472(a). Although states and
tribes may designate as Class I additional areas whose visibility
they consider to be an important value, the requirements of the
visibility program set forth in section 169A of the CAA apply only
to ``mandatory Class I Federal areas.'' Each mandatory Class I
Federal area is the responsibility of a ``Federal Land Manager.'' 42
U.S.C. 7602(i). When we use the term ``Class I area'' in this
action, we mean a ``mandatory Class I Federal area.''
---------------------------------------------------------------------------
The EPA promulgated a rule to address regional haze on July 1,
1999.\10\ The Regional Haze Rule revised the existing visibility
regulations \11\ to integrate provisions addressing regional haze and
established a comprehensive visibility protection program for Class I
areas. The requirements for regional haze, found at 40 CFR 51.308 and
40 CFR 51.309, are included in the EPA's visibility protection
regulations at 40 CFR 51.300 through 40 CFR 51.309.\12\
---------------------------------------------------------------------------
\10\ 64 FR 35714, 35714 (July 1, 1999) (codified at 40 CFR part
51, subpart P).
\11\ The EPA had previously 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 (RAVI). 45 FR 80084,
80084 (December 2, 1980).
\12\ The EPA revised the Regional Haze Rule on January 10, 2017.
82 FR 3078 (January 10, 2017). Under the revised Regional Haze Rule,
the requirements 40 CFR 51.308(d) and (e) apply to first
implementation period SIP submissions and 51.308(f) applies to
submissions for the second and subsequent implementation periods. 82
FR 3087; see also 81 FR 26942, 26952 (May 4, 2016).
---------------------------------------------------------------------------
The CAA requires each state to develop a SIP to meet various air
quality requirements, including protection of visibility.\13\ Regional
haze SIPs must assure reasonable progress toward the national goal of
preventing future and remedying existing manmade visibility impairment
in Class I areas. A state must submit its SIP and SIP revisions to the
EPA for approval.\14\ Once approved, a SIP is enforceable by the EPA
and citizens under the CAA; that is, the SIP is federally enforceable.
---------------------------------------------------------------------------
\13\ 42 U.S.C. 7410(a), 7491, and 7492(a); CAA sections 110(a),
169A, and 169B.
\14\ 42 U.S.C. 7491(b)(2); 7410.
---------------------------------------------------------------------------
B. Best Available Retrofit Technology (BART)
Section 169A(b)(2) of the CAA requires SIPs to contain such
measures as may be necessary to make reasonable progress toward meeting
the national visibility goal. Section 169(b)(2)(A) specifies that one
such requirement for the first regional haze planning period is for
certain categories of existing major stationary sources built between
1962 and 1977 to procure, install, and operate BART as determined by
the states through their SIPs. Under the Regional Haze Rule, states (or
the EPA, in the promulgation of a federal implementation plan (FIP))
are directed to conduct BART determinations for ``BART-eligible''
sources--typically larger, often uncontrolled, and older stationary
sources--that may reasonably be anticipated to cause or contribute to
any visibility impairment in a Class I area.\15\ States must consider
the following five factors in making BART determinations: (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 of visibility which may reasonably be anticipated
to result from
[[Page 25202]]
the use of such technology.\16\ Rather than 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
will achieve greater reasonable progress toward natural visibility
conditions than BART.\17\
---------------------------------------------------------------------------
\15\ 40 CFR 51.308(e). The EPA designed the Guidelines for BART
Determinations Under the Regional Haze Rule (Guidelines) 40 CFR
appendix Y to part 51 ``to help States and others (1) identify those
sources that must comply with the BART requirement, and (2)
determine the level of control technology that represents BART for
each source.'' Guidelines, section I.A. section II. of the
Guidelines describes the four steps to identify BART sources, and
section III. explains how to identify BART sources (i.e., sources
that are ``subject to BART'').
\16\ 40 CFR 51.308(e)(1)(ii).
\17\ 40 CFR 51.308(e)(2). WildEarth Guardians v. EPA, 770 F.3d
919, 934 (10th Cir. 2014).
---------------------------------------------------------------------------
One such BART alternative is included in 40 CFR 51.309 and is an
option for nine states termed the ``Transport Region States,'' which
include Arizona, California, Colorado, Idaho, Nevada, New Mexico,
Oregon, Utah, and Wyoming. Transport Region States can adopt regional
haze strategies based on recommendations from the Grand Canyon
Visibility Transport Commission (GCVTC) for protecting the 16 Class I
areas on the Colorado Plateau.\18\
---------------------------------------------------------------------------
\18\ The Colorado Plateau is a high, semi-arid area in southeast
Utah, northern Arizona, northwest New Mexico, and western Colorado.
The 16 mandatory Class I areas are Grand Canyon National Park, Mount
Baldy Wilderness, Petrified Forest National Park, Sycamore Canyon
Wilderness, Black Canyon of the Gunnison National Park Wilderness,
Flat Tops Wilderness, Maroon Bells Wilderness, Mesa Verde National
Park, Weminuche Wilderness, West Elk Wilderness, San Pedro Park
Wilderness, Arches National Park, Bryce Canyon National Park,
Canyonlands National Park, Capital Reef National Park, and Zion
National Park.
---------------------------------------------------------------------------
As part of its overall plan for making reasonable progress towards
the national visibility goal for the 16 Class I areas, the GCVTC
submitted an annex to the EPA, known as the Western SO2
Backstop Trading Program, containing annual SO2 emissions
reduction milestones and detailed provisions of a backstop trading
program to be implemented automatically if measures fail to achieve the
SO2 milestones. The EPA approved the Backstop Trading
Program as a BART alternative for SO2 emissions.\19\
Transport Region States' SIPs must also contain any necessary long-term
strategy and BART requirements for stationary-source particulate matter
(PM) and NOX emissions.\20\
---------------------------------------------------------------------------
\19\ 64 FR 35714 (July 1, 1999); 68 FR 33764 (June 5, 2003).
\20\ 40 CFR 51.309(d)(4)(vii).
---------------------------------------------------------------------------
C. Long-Term Strategy and Reasonable Progress Requirements
In addition to the BART requirements, the CAA's visibility
protection provisions also require that states' regional haze SIPs
contain a ``long-term (ten to fifteen years) strategy for making
reasonable progress toward meeting the national goal. . . .'' \21\ The
long-term strategy must address regional haze visibility impairment for
each mandatory Class I area within the state and for each mandatory
Class I area located outside the state that may be affected by
emissions from the state. It must include the enforceable emission
limitations, compliance schedules, and other measures necessary to
achieve the reasonable progress goals.\22\ The reasonable progress
goals are calculated for each Class I area based on the control
measures states have selected by analyzing the four statutory
``reasonable progress'' factors, which are: ``the costs of compliance,
the time necessary for compliance, the energy and non-air quality
environmental impacts of compliance, and the remaining useful life of
any existing source subject to such requirement.'' \23\ Thus, the four
reasonable progress factors are considered by a state in setting the
reasonable progress goal for the first planning period pursuant to
Sec. 51.308(d)(1)(i)(A), by virtue of the state having first
considered them, and certain other factors listed in Sec. 51.308(d)(3)
of the Regional Haze Rule, when deciding what controls are to be
included in the long-term strategy. Then, the numerical levels of the
reasonable progress goals are the predicted visibility outcome of
implementing the long-term strategy in addition to ongoing pollution
control programs stemming from other CAA requirements.
---------------------------------------------------------------------------
\21\ 42 U.S.C. 7491(b)(2)(B).
\22\ 40 CFR 51.308(d)(3).
\23\ 42 U.S.C. 7491(g)(1); 40 CFR 51.308(d)(1)(i).
---------------------------------------------------------------------------
Unlike BART determinations, which are required only for the first
regional haze planning period SIPs,\24\ states are required to submit
updates to their long-term strategies, including updated reasonable
progress analyses and reasonable progress goals, in the form of SIP
revisions by July 31, 2021, and at specific intervals thereafter.\25\
In addition, each state must periodically submit a report to the EPA at
five-year intervals beginning five years after the submission of the
initial regional haze SIP, evaluating the state's progress towards
meeting the reasonable progress goals for each Class I area within the
state.\26\
---------------------------------------------------------------------------
\24\ Under the Regional Haze Rule, SIPs are due for each
regional haze planning or implementation period. The terms
``planning period'' and ``implementation period'' are used
interchangeably in this document.
\25\ 40 CFR 51.308(f). The deadline for the 2018 SIP revision
was moved to 2021. 82 FR 3078 (January 10, 2017); see also 40 CFR
51.308(f). Following the 2021 SIP revision deadline, the next SIP
revision is due in 2028. 40 CFR 51.308(f).
\26\ Id. Sec. 51.308(g); 51.309(d)(10).
---------------------------------------------------------------------------
By meeting all the requirements of 40 CFR 51.309, including the
section 309-specific BART requirements, a Transport Region State can be
deemed to be making reasonable progress toward the national goal for
the 16 Class I areas on the Colorado Plateau.\27\ For stationary
sources, these requirements include any necessary long-term strategies
for PM and NOX emissions.\28\ Additionally, the State of
Wyoming includes several non-Colorado Plateau Class I areas, and was
also required to submit a long-term strategy for those Class I
areas.\29\ Wyoming's 2022 SIP revision addresses emissions reductions
approved under its long-term strategy for the first implementation
period. As a result, the time period relevant to this rulemaking is the
first implementation period.
---------------------------------------------------------------------------
\27\ 40 CFR 51.309(a).
\28\ 40 CFR 51.309(d)(4)(vii).
\29\ 79 FR 5199 (March 3, 2014).
---------------------------------------------------------------------------
D. Consultation With Federal Land Managers (FLMs)
The Regional Haze Rule requires that a state consult with Federal
Land Managers before adopting and submitting a required SIP or SIP
revision. Further, when considering a SIP revision, a state must
include in its proposal a description of how it addressed any comments
provided by the FLMs.\30\
---------------------------------------------------------------------------
\30\ 40 CFR 51.308(i); CAA 169A(d).
---------------------------------------------------------------------------
E. Monitoring, Recordkeeping, and Reporting
The CAA requires that SIPs, including regional haze SIPs, contain
elements sufficient to ensure emission limits are practically
enforceable. CAA section 110(a)(2) states that the monitoring,
recordkeeping, and reporting provisions of states' SIPs must: ``(A)
include enforceable emissions limitations and other control measures,
means, or techniques (including economic incentives such as fees,
marketable permits, and auctions of emissions rights), as well as
schedules and timetables for compliance, as may be necessary or
appropriate to meet the applicable requirements of this chapter; . . .
(C) include a program to provide for the enforcement of the measures
described in subparagraph (A), and regulation of the modification and
construction of any stationary source within the areas covered by the
plan as necessary to assure that national ambient air quality standards
are achieved, including a permit program as required in parts C and D
of this subchapter; . . . (F) require, as may be prescribed by the
Administrator--(i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary
[[Page 25203]]
steps, by owners or operators of stationary sources to monitor
emissions from such sources, (ii) periodic reports on the nature and
amounts of emissions and emissions-related data from such sources, and
(iii) correlation of such reports by the State agency with any
emissions limitations or standards established pursuant to this
chapter, which reports shall be available at reasonable times for
public inspection.'' \31\
---------------------------------------------------------------------------
\31\ 42 U.S.C. 7410(a)(2)(A), (C), and (F).
---------------------------------------------------------------------------
Accordingly, 40 CFR part 51, subpart K, Source Surveillance,
requires the SIP to provide for monitoring the status of compliance
with the regulations in the SIP, including ``[p]eriodic testing and
inspection of stationary sources,'' \32\ and ``legally enforceable
procedures'' for recordkeeping and reporting.\33\ Furthermore, 40 CFR
part 51, appendix V, Criteria for Determining the Completeness of Plan
Submissions, states in section 2.2 that complete SIPs contain: ``(g)
Evidence that the plan contains emission limitations, work practice
standards and recordkeeping/reporting requirements, where necessary, to
ensure emission levels''; and ``(h) Compliance/enforcement strategies,
including how compliance will be determined in practice.'' \34\
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\32\ 40 CFR 51.212.
\33\ Id. Sec. 51.214.
\34\ 40 CFR part 51, appendix V.
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III. Wyoming's Regional Haze SIP Submittals
A. Background and Wyoming's Initial Regional Haze SIP
On January 12, 2011, Wyoming submitted its first regional haze SIP
pursuant to 40 CFR 51.309. The State determined that NOX
BART for Jim Bridger Units 1-4 was new LNBs with SOFA at an emissions
rate of 0.26 lb/MMBtu (30-day rolling average). Compliance with the
BART emission limits was required by March 4, 2019, for all four Jim
Bridger units.\35\ The State also determined that SCR at an emissions
rate of 0.07 lb/MMBtu (30-day rolling average) should be installed at
all four units as part of the State's long-term strategy to achieve
reasonable progress at several Class I areas, and required compliance
with the emission limits by December 31, 2022, December 31, 2021,
December 31, 2015 and December 31, 2016, for Units 1-4,
respectively.\36\
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\35\ 79 FR 5221. Installation of new LNB with SOFA (LNB/SOFA)
corresponds to a NOX emissions limit of 0.26 lb/MMBtu
(30-day rolling average).
\36\ Id. Installation of SCR corresponds to a NOX
emissions limit of 0.07 lb/MMBtu (30-day rolling average).
---------------------------------------------------------------------------
On June 4, 2012, we proposed to approve the State's BART and
reasonable progress determinations of 0.26 lb/MMBtu (30-day rolling
average) and 0.07 lb/MMBtu (30-day rolling average), respectively, for
Units 3 and 4, including the associated dates for compliance with these
emissions limits.\37\ We subsequently finalized our proposed action for
Units 3 and 4.\38\
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\37\ Id. See also 40 CFR 51.308(e)(1)(iv).
\38\ 79 FR 5046, 5221.
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For Jim Bridger Units 1 and 2, we also proposed to approve the
State's BART and reasonable progress determinations of 0.26 lb/MMBtu
(30-day rolling average) and 0.07 lb/MMBtu (30-day rolling average),
respectively. In the alternative, we proposed to find NOX
BART for Jim Bridger Units 1 and 2 was an emissions limit of 0.07 lb/
MMBtu (30-day rolling average), consistent with the installation of
LNB/SOFA + SCR, with a compliance deadline of five years.\39\ In our
final rule, upon consideration of new information and a review of the
State`s analysis of the BART factors, we found that the source-wide
visibility improvement associated with the installation of LNB/SOFA +
SCR to be 1.25-1.5 deciviews,\40\ while the unit-specific visibility
benefits for Units 1 and 2 were 0.27-0.37 deciviews. We found that the
average cost-effectiveness of LNB/SOFA + SCR at $2,635 and $3,403/ton
of NOX for Units 1 and 2, respectively, was in line with
what we had found to be acceptable in other BART determinations.\41\
But we also found that the incremental cost-effectiveness \42\ of
$7,447 and $8,968/ton NOX for Units 1 and 2, respectively,
was on the high end of what we had found to be reasonable in other
determinations.\43\ Ultimately, we finalized the State's determination
to require LNB/SOFA as BART controls with a corresponding emissions
limit of 0.26 lb/MMBtu by March 4, 2019, for Jim Bridger Units 1 and 2,
and to require an emissions limit of 0.07 lb/MMBtu (30-day rolling
average) with the installation SCR as part of the State's long-term
strategy to achieve reasonable progress by 2022 and 2021 for Jim
Bridger Units 1 and 2, respectively.\44\
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\39\ 77 FR 33053-54.
\40\ Deciview is the unit of measurement on the deciview index
scale for quantifying in a standard manner human perceptions of
visibility. 40 CFR 51.301.
\41\ 79 FR 5040, 5048. Note that the text at 79 FR 5048
misstates the average cost-effectiveness for LNB/SOFA + SCR at Units
1 and 2. The correct figures are stated in Tables 5 and 6 at 79 FR
5040.
\42\ The incremental cost-effectiveness of each NOX
control technology on a dollar-per-ton of pollutant removed basis is
calculated by dividing the difference of the total annual costs of
one control technology compared to the total annual costs of the
next most stringent control technology divided by the difference in
the reduction in annual NOX emissions of one control
technology compared to the reduction in annual NOX
emissions of the next most stringent control technology. See 40 CFR
part 51, appendix Y, IV.D.e.
\43\ 79 FR 5040, 5048.
\44\ 79 FR 5048, 5049.
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B. November 2017 Regional Haze Progress Report
Under the Regional Haze Rule, states are required to submit
progress reports to the EPA documenting actual changes in visibility
and emission reductions within the state.\45\ The first progress report
must be in the form of a SIP revision and is due five years after
submittal of the initial regional haze SIP.\46\ On November 28, 2017,
Wyoming submitted its first progress report, which detailed the
progress made toward achieving progress for visibility improvement and
declared a determination of adequacy of the State's regional haze plan
to meet reasonable progress goals.
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\45\ 40 CFR 51.309.
\46\ Id.
---------------------------------------------------------------------------
In June 2020, we approved Wyoming's progress report SIP
revision.\47\ We found that between 2002 and 2008, Wyoming's
NOX emissions were reduced by 57,296 tons, a 20 percent
reduction during that time period. Additionally, we found that other
haze-causing pollutants were also reduced between the same time
period.\48\ We also found that all the monitoring sites within
Wyoming's Class I areas showed improvement in visibility conditions
between the baseline (2000-2004) and current (2005-2009) periods on
both the 20 percent worst visibility and 20 percent best visibility
days. When considering only anthropogenic impairment within the
baseline (2000-2004) and most current (2012-2016) periods, all the
monitoring sites also showed improvement on the 20 percent most
impaired days.\49\
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\47\ 85 FR 21341 (April 17, 2020) (Proposed rule); 85 FR 38325
(June 26, 2020) (Final rule).
\48\ 85 FR 21346.
\49\ Id at 21348.
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[[Page 25204]]
C. May 2020 Regional Haze SIP Revision
On May 14, 2020, Wyoming submitted a proposed revision to its
regional haze SIP for the long-term strategy at Jim Bridger Units 1 and
2 (Wyoming's May 2020 SIP revision).\50\ The proposed revision included
a four-factor reasonable progress analysis to replace the 0.07 lb/MMBtu
(30-day rolling average) anticipated NOX reductions for Jim
Bridger Units 1 and 2 as part of Wyoming's long-term strategy to
improve visibility during the first planning period. Wyoming's May 2020
SIP revision also included plant-wide (Units 1-4) month-by-month
emission limits for NOX and SO2 (Table 2) as well
as an annual total emissions cap of NOX and SO2
for Units 1-4 of 17,500 tons/year.
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\50\ Letter dated May 12, 2020, from Todd Parfitt, Director,
Wyoming Department of Environmental Quality, to Gregory Sopkin,
Regional Administrator, EPA Region 8, Subject: State Implementation
Plant Approval Request--Regional Haze 309(g) SIP revision for
PacifiCorp Jim Bridger Power Plant.
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On January 18, 2022, the EPA proposed to disapprove Wyoming's May
2020 SIP revision.\51\ Our proposed disapproval was based on the
following: (1) the reasonable cost-effectiveness of the existing
reasonable progress control requirements for Jim Bridger Units 1 and 2
(emission limits of 0.07 lb/MMBtu consistent with the installation of
SCR); (2) the appreciable visibility improvement estimated to result
from compliance with the existing control requirements; and (3) the
State's previous determination that the costs of those control
requirements were reasonable and necessary to satisfy statutory
requirements. The EPA also made the determination that Wyoming's
proposed revision to replace its previously approved long-term strategy
would not provide for similar or greater emissions reductions or
visibility improvement as is required under the Clean Air Act and thus
could not propose approval of Wyoming's May 2020 SIP revision. We have
not issued a final rule for our proposed disapproval.
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\51\ 87 FR 2571 (January 18, 2022).
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D. December 2022 Regional Haze SIP Revision
On December 30, 2022, Wyoming submitted a regional haze SIP
revision (Wyoming 2022 SIP revision).52 53 The Wyoming 2022
SIP revision proposes to replace Wyoming's previously approved long-
term strategy with conversion of Jim Bridger Units 1 and 2 from coal-
firing to natural gas-firing by January 1, 2024, together with
NOX emission and heat input limits, to allow for identical
reasonable progress during the first planning period as would occur
from the emission reductions from requiring a NOX emissions
limit of 0.07 lb/MMBtu (30-day rolling average) at Jim Bridger Units 1
and 2. The State also included monthly and annual NOX and
SO2 emissions limits for Jim Bridger Units 1-4. On August
31, 2023, Wyoming submitted a supplement containing associated permit
amendments addressing heat input limit and monitoring, recordkeeping,
and reporting requirements for Jim Bridger Units 1 and 2.\54\ On
November 16, 2023, Wyoming submitted a supplement containing an amended
permit to correct a typographical error found in the August 31, 2023,
supplement.\55\
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\52\ Letter dated December 30, 2022, from Todd Parfitt,
Director, Wyoming Department of Environmental Quality, to KC Becker,
Regional Administrator, EPA Region 8, Subject: Approval Request--
Parallel Process Regional Haze Round One State Implementation Plan
(SIP) revision for PacifiCorp Jim Bridger Power Plant.
\53\ On May 23, 2022, the state submitted a proposed SIP
revision with a request to parallel process the draft SIP (letter
dated May 20, 2022, from Todd Parfitt, Director, Wyoming Department
of Environmental Quality, to KC Becker, Regional Administrator, EPA
Region 8, Subject: Request to Parallel Process the Draft 309(g)
Regional Haze Round 1 State Implementation Plan for PacifiCorp Jim
Bridger Power Plant).
\54\ Letter dated August 31, 2023, from Todd Parfitt, Director,
Wyoming Department of Environmental Quality, to KC Becker, Regional
Administrator, EPA Region 8, Subject: Supplemental Information for
Wyoming's Parallel Process Regional Haze Round One State
Implementation Plan (SIP) revision for PacifiCorp Jim Bridger Power
Plant.
\55\ Letter dated November 16, 2023, from Todd Parfitt,
Director, Wyoming Department of Environmental Quality, to KC Becker,
Regional Administrator, EPA Region 8, Subject: Supplemental
Information for Wyoming's Parallel Process Regional Haze Round One
State Implementation Plan (SIP) revision for PacifiCorp Jim Bridger
Power Plant.
---------------------------------------------------------------------------
The Wyoming 2022 SIP revision requires, beginning on January 1,
2024, Jim Bridger Units 1 and 2 to meet a NOX emission limit
of 0.12 lb/MMBtu (30-day rolling average) along with an annual
NOX emission limit of 1,314 tons/year per unit, and a 41.6%
reduction in maximum annual heat input limit equaling 21,900,000 MMBtu/
year per unit.\56\ As a result, the Wyoming 2022 SIP revision replaces
the requirement for Jim Bridger Units 1 and 2 to comply with the 0.07
lb/MMBtu emission limits in 2021 and 2022 (Table 1). The Wyoming 2022
SIP revision does not, however, remove or revise the existing
NOX BART determination for Jim Bridger Units 1 and 2
(consistent with current LNB/SOFA NOX emissions controls) or
change the existing reasonable progress emission limits of 0.07 lb/
MMBtu for Jim Bridger Units 3 and 4 (consistent with installed SCR
emissions controls).
---------------------------------------------------------------------------
\56\ The reduction in maximum annual heat input is based off the
maximum annual heat input limit of 52,560,000 MMBtu/year per unit.
Table 1--Existing and Proposed NOX Emission Limits for Jim Bridger Units 1-4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed NOX reasonable progress
Existing NOX BART Existing NOX reasonable emission limits
emission limit (30-day progress emission limit -------------------------------------
Unit rolling average; lb/ (30-day rolling NOX (30-day rolling
MMBtu) \1\ average; lb/MMBtu) \2\ average; lb/MMBtu) NOX (tons/
year)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................................... 0.26 0.07 \3\ 0.12 3 5 1,314
2............................................................... 0.26 0.07 \3\ 0.12 3 5 1,314
3............................................................... 0.26 0.07 \4\ NA NA
4............................................................... 0.26 0.07 \4\ NA NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Compliance date is March 4, 2019; no changes to the NOX BART emission limits are proposed.
\2\ Compliance dates for each is: Unit 1 = December 31, 2022; Unit 2 = December 31, 2021; Unit 3 = December 31, 2015; and Unit 4 = December 31, 2016.
\3\ Compliance date is January 1, 2024.
\4\ No change to existing NOX reasonable progress emission limit of 0.07 lb/MMBtu (30-day rolling average).
\5\ Correlates to a 41.67% reduction of the maximum heat input (52,560,000 MMBtu/year) or 21,900,000 MMBtu/year with a 0.12 lb NOX lb/MMBtu 30-day
rolling average limit.
[[Page 25205]]
In addition, the Wyoming 2022 SIP revision includes month-by-month
NOX and SO2 emission limits across all four Jim
Bridger units, as well as an enforceable annual plant-wide
NOX plus SO2 emissions cap of 17,500 tons per
year, effective January 1, 2022 (Table 2). The monthly emissions limit
and annual emissions cap for Jim Bridger Units 1-4 are federally
enforceable through reference to Wyoming air quality permit #P0025809.
The final permit was issued on May 5, 2020.\57\
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\57\ Letter dated May 5, 2020, from Nancy E. Vehr,
Administrator, Air Quality Division, Wyoming Department of
Environmental Quality, to James Owens, Director, Environmental
Services, PacifiCorp, Subject: Permit #P0025809 (Permit #0025809).
Table 2--Enforceable Monthly NOX and SO2 Emission Limits for Jim Bridger
Units 1-4, Effective January 1, 2022
------------------------------------------------------------------------
Total units 1-4 Total units 1-4
NOX emission SO2 emission
limit limit
Month ---------------------------------
Monthly Monthly
average basis average basis
(lb/hour) (lb/hour)
------------------------------------------------------------------------
January............................... 2,050 2,100
February.............................. 2,050 2,100
March................................. 2,050 2,100
April................................. 2,050 2,100
May................................... 2,200 2,100
June.................................. 2,500 2,100
July.................................. 2,500 2,100
August................................ 2,500 2,100
September............................. 2,500 2,100
October............................... 2,300 2,100
November.............................. 2,030 2,100
December.............................. 2,050 2,100
------------------------------------------------------------------------
Annual emissions cap
---------------------------------
Total NOX plus SO2................ 17,500 tons/year
------------------------------------------------------------------------
E. Wyoming's Reassessment of Reasonable Progress Under Long-Term
Strategy
To demonstrate that the replacement of 0.07 lb/MMBtu with natural
gas conversion, NOX limits, and reduced heat inputs for Jim
Bridger Units 1 and 2 provided equivalent emissions reductions
previously approved by the EPA under long-term strategy, the State
submitted a reasonable progress analysis for Jim Bridger Units 1 and 2
in the Wyoming 2022 SIP revision.
In its source-specific reasonable progress assessment for Jim
Bridger Units 1 and 2, the State considered the four factors as
required by 40 CFR 51.308(d)(1)(i)(A).
In 2014, the EPA approved the State's decision to require
NOX controls of 0.07 lb/MMBtu (30-day rolling average) on
Jim Bridger Units 1-4 pursuant to its long-term strategy. The State did
not conduct a reasonable progress four-factor analysis for any of the
Jim Bridger units at that time but instead opted for controls under the
long-term strategy provisions found under 40 CFR 51.308(d)(3).\58\ The
State conducted its four-factor reasonable progress analysis for Jim
Bridger Units 1 and 2 for the first time in connection with its 2020
and 2022 SIP submittals to replace the emissions reductions approved
for Jim Bridger Units 1 and 2 under the long-term strategy. This is
acceptable since 40 CFR 51.308(d)(3) provides that a state's ``long-
term strategy must include enforceable emissions limitations,
compliance schedules, and other measures as necessary to achieve the
reasonable progress goals established by states having mandatory class
I Federal areas.''
---------------------------------------------------------------------------
\58\ See 77 FR 33040 (listing stationary sources evaluated under
the four reasonable progress factors and not including Jim Bridger).
---------------------------------------------------------------------------
Pursuant to 40 CFR 51.308(d)(1)(i)(A), in determining the measures
necessary to make reasonable progress, a state must take into account
the following four factors and demonstrate how they were taken into
consideration in making a reasonable progress determination:
Costs of Compliance;
Time Necessary for Compliance;
Energy and Non-Air Quality Environmental Impacts of
Compliance; and
Remaining Useful Life of Any Potentially Affected Sources.
1. Costs of Compliance
For the source-specific reasonable progress analysis, Wyoming
provided costs of compliance for three scenarios: (1) installation of
SCR on Units 1 and 2 operating on coal, (2) installation of SCR on
Units 1 and 2 operating on natural gas, and (3) conversion of Units 1
and 2 from coal to natural gas, together with NOX and heat
input limits. For the installation of SCR operating on coal and
conversion from coal to natural gas scenarios, Wyoming used baseline
NOX emission rates for LNB/SOFA of 0.187 lb/MMBtu for Unit 1
and 0.192 lb/MMBtu for Unit 2 (annual average), reflective of the
actual emissions rate (2013-2015) \59\ and used the 2001-2003 average
annual heat input of 42,977,652 MMBtu/year and 40,898,999 MMBtu/year to
calculate baseline NOX emissions in tons/year of 4,018 and
3,926 for Units 1 and 2, respectively.\60\ For the installation of SCR
operating on natural gas scenario, Wyoming used the stipulations in the
consent decree \61\ as the baseline: NOX emission rate of
0.12 lb/MMBtu (30-day rolling average) for both Units 1 and 2
[[Page 25206]]
and annual heat input of 21,900,000 MMBtu/year. The NOX
emission rate for SCR operating on either coal or natural gas was
assumed to be 0.05 lb/MMBtu (annual), while the NOX emission
rate for conversion from coal to natural gas was assumed to be 0.12 lb/
MMBtu (30-day rolling average).\62\ Wyoming based total capital costs
to install SCR ($140,428,000 for each Unit 1 and 2) on the actual costs
incurred to install SCR technology on Jim Bridger Units 3 and 4.\63\
The total capital costs to convert Units 1 and 2 from coal-fired to
natural gas-fired was found to be $14,632,077 and $14,151,451,
respectively. The State annualized capital costs using the capital
recovery factor approach described in the EPA's Control Cost Manual
using amortization periods between one and 14 years reflective of each
of the three different scenarios.64 65 Total annual costs
were calculated as the sum of the annualized capital costs and total
operation and maintenance costs. Finally, the cost-effectiveness of
each scenario was calculated on a dollar-per-ton of pollutant removed
basis by dividing the total annual costs by the reduction in annual
NOX emissions associated with each scenario.
---------------------------------------------------------------------------
\59\ Wyoming 2022 SIP revision, Appendix C at 2-3. Note: The
Wyoming 2020 SIP revision identifies identical baseline
NOX emission rates that reflect the actual emissions rate
from 2013-2015.
\60\ Wyoming 2022 SIP revision, cost supplement.
\61\ Consent Decree, State of Wyoming v. PacifiCorp, Docket No.
2022-CV-200-333, First Judicial District Court, Laramie, Wyoming.
(February 14, 2022).
\62\ Throughout, we refer to the averaging periods--annual
average for 0.05 lb/MMBtu and 30-day rolling average for 0.12 lb/
MMBtu--which Wyoming provided in the Wyoming 2022 SIP revision.
However, we recognize the need to adjust the averaging periods, as
appropriate. Indeed, this concept is discussed in similar
rulemakings for Wyoming (79 FR 5167 (January 30, 2014), 84 FR 10434
(March 21, 2019)), and we discuss the impact of such adjustments in
section IV. of this document.
\63\ Wyoming 2022 SIP revision, Appendix C at 5. Note: The
Wyoming 2022 SIP revision cites the February 4, 2019, S&L Report as
the basis for the total capital costs.
\64\ EPA, ``Cost Control Manual,'' Section 4, Chapter 2, June
2019, page 80, available at https://www.epa.gov/economic-and-cost-analysis-air-pollution-regulations/cost-reports-and-guidance-air-pollution. (last visited February 2024).
\65\ The amortization period in years for SCR operating on coal
was 1.00 (December 2022-December 2023) and 1.67 (May 2022-December
2023) for Units 1 and 2, respectively. The amortization period for
SCR operating on natural gas and conversion from coal to natural gas
was 14 (2024-2037) for both Units 1 and 2.
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Costs of compliance for Wyoming's reasonable progress analysis for
Jim Bridger Units 1 and 2 is summarized in Table 3.\66\
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\66\ Wyoming 2022 SIP revision at 3, 4, and cost supplement.
Table 3--Summary of Jim Bridger Units 1 and 2 NOX Revised Reasonable Progress Cost Analysis
----------------------------------------------------------------------------------------------------------------
Assumed NOX Emissions Average cost
Scenario emissions rate reduction (tons Total annual effectiveness
(lb/MMBtu) per year) cost ($/year) ($/ton)
----------------------------------------------------------------------------------------------------------------
Unit 1
----------------------------------------------------------------------------------------------------------------
SCR operating on coal..................... \1\ 0.05 2,944 $152,369,457 $51,756
SCR operating on natural gas.............. \1\ 0.05 766 18,036,235 23,531
Conversion from coal to natural gas \3\... \2\ 0.12 2,704 4,018,476 1,486
----------------------------------------------------------------------------------------------------------------
Unit 2
----------------------------------------------------------------------------------------------------------------
SCR operating on coal..................... \1\ 0.05 2,904 94,115,947 32,411
SCR operating on natural gas.............. \1\ 0.05 766 18,036,235 23,531
Conversion from coal to natural gas \3\... \2\ 0.12 2,612 3,962,516 1,517
----------------------------------------------------------------------------------------------------------------
\1\ Based on an annual average.
\2\ Based on a 30-day rolling average.
\3\ Operating with a heat input limit of 21,900,000 MMBtu/year (equal to 41.6% of maximum annual heat input).
Ultimately, Wyoming determined that conversion to natural gas
without the installation of SCR is more cost-effective than conversion
to natural gas with the addition of SCR particularly with the
additional NOX and heat input reductions reflected in the
consent decree.\67\
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\67\ Wyoming 2022 SIP revision at 4.
---------------------------------------------------------------------------
2. Time Necessary for Compliance
The SIP approved by the EPA on January 30, 2014, requires an
emission limit of 0.07 lb/MMBtu associated with the installation of
LNB/SOFA + SCR on Jim Bridger Unit 1 by December 31, 2022, and on Unit
2 by December 31, 2021. The current LNB/SOFA NOX emissions
controls were installed in 2010 and 2005 for Units 1 and 2,
respectively.\68\
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\68\ Id. at 6.
---------------------------------------------------------------------------
Wyoming stated that because there is an enforceable commitment to
cease coal operation and meet natural gas conversion limits at Jim
Bridger Units 1 and 2 by January 1, 2024,\69\ SCR installation would
take longer than the planned natural gas conversion. Furthermore,
according to the State, installing SCR on a converted natural gas unit
makes no practical or economic sense.
---------------------------------------------------------------------------
\69\ Consent Decree, Wyoming v. PacifiCorp, Docket No. 2022-CV-
200-333. First Judicial District Court, Laramie, Wyoming. (February
14, 2022).
---------------------------------------------------------------------------
3. Energy and Non-Air Quality Environmental Impacts of Compliance
Wyoming determined that the conversion to natural gas will result
in fewer overall energy and environmental impacts when compared to the
installation of SCR, including fewer impacts from: mercury (Hg),
greenhouse gases (GHG), carbon monoxide (CO), carbon dioxide
(CO2), PM, sulfuric acid (H2SO4), coal
and natural gas consumption, coal combustion residual (CCR) production
and disposal, and raw water consumption associated with the burning of
coal. Additionally, Wyoming also determined that SCR control technology
would require the storage and use of ammonia and would create more CCR.
Wyoming also notes that fewer GHGs will be produced with the gas
conversion compared to SCR, and that the gas conversion would reduce
the Jim Bridger plants auxiliary load demand by approximately 10.4
megawatts of energy compared to SCR. Finally, the State noted that the
requirements relating to the natural gas conversion effectively limit
the average annual capacity factor (heat input) for Units 1 and 2 to
approximately 42%, resulting in significant reductions in the
consumption of natural resources.
4. Remaining Useful Life
For the Wyoming 2022 SIP revision, Wyoming evaluated each emission
control technology scenario for Jim Bridger Units 1 and 2 using the
year 2024 as the end of remaining useful life on coal and the year 2037
as the end of remaining useful life on natural gas.\70\
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\70\ Wyoming 2022 SIP revision at 4.
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[[Page 25207]]
5. Reasonable Progress Demonstration
Upon completion of a reasonable progress four-factor analysis,
states must demonstrate how the four factors were taken into
consideration in making a reasonable progress determination for each
class I area within the state.\71\ Taking into consideration the four
statutory reasonable progress factors described previously, Wyoming
determined that the conversion of Units 1 and 2 from coal-firing to
natural gas-firing, together with NOX emission and heat
input limits, provided greater reasonable progress at a lower cost and
with fewer negative environmental impacts when compared to SCR as
reflected in the 2014 final rule. Accordingly, Wyoming's 2022 SIP
revision replaces the emission limits of 0.07 lb/MMBtu (30-day rolling
average) associated with SCR installation at Jim Bridger Units 1 and 2
with natural gas conversion together with NOX emission and
heat input limits at those same units as part of the State's long-term
strategy to achieve reasonable progress for the first planning
period.\72\
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\71\ 40 CFR 51.308(d)(1)(i)(A).
\72\ Wyoming 2022 SIP revision at 8.
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F. Summary of Wyoming's Additional Proposed Revisions to the Emission
Limits for Jim Bridger
In addition to Wyoming's revised emission reductions derived from
the conversion to natural gas and associated NOX limits, and
reduced heat input for Jim Bridger's Units 1 and 2 under the reasonable
progress analysis, the State is requiring monthly and annual
NOX and SO2 emission limits for Jim Bridger Units
1-4 (summarized in Table 2) and an annual plant-wide NOX and
SO2 emissions cap of 17,500 tons per year, federally
enforceable through reference to permit #P0025809, which is effective
through December 31, 2023.
IV. The EPA's Evaluation and Proposed Approval of Wyoming's Regional
Haze SIP Revisions
For the reasons described in this section, the EPA proposes to
approve Wyoming's 2022 SIP revision. The proposed Wyoming 2022 SIP
revision adds a source-specific NOX reasonable progress
analysis and determination for Jim Bridger Units 1 and 2 and finds
conversion from coal-firing to natural gas-firing, together with
NOX emission and heat input limits, to be sufficient for
reasonable progress and long-term strategy during the first planning
period and that the emission limits associated with the installation of
SCR are no longer required. Separately, we are also proposing to
approve Wyoming's monthly and annual NOX and SO2
emission limits for Jim Bridger Units 1-4. Our proposed action is based
on an evaluation of Wyoming's regional haze SIP submittal under the
regional haze requirements at 40 CFR 51.300-51.309 and CAA section 169A
and 169B. The Wyoming 2022 SIP revision was also evaluated for
compliance with the general SIP requirements contained in CAA section
110 and other provisions of the CAA and our regulations applicable to
this action. The EPA proposes to approve the Wyoming 2022 SIP revision
as meeting the relevant statutory and regulatory requirements. Where
appropriate, we provide additional rationale to supplement the State's
analysis and to support our conclusions. The EPA is not reopening, and
thus not accepting comment on, the EPA's 2014 approval of Wyoming's
BART determinations for Jim Bridger Units 1-4, the EPA's 2014 approval
of the emission limits Wyoming required as long-term strategy controls
for Jim Bridger Units 3 and 4, or the EPA's 2022 proposed disapproval
of Wyoming's 2020 SIP revision. Any comments on these issues are beyond
the scope of this action and will not be addressed in this rulemaking.
A. The EPA's Proposed Approval of Wyoming's Reasonable Progress
Determination for Jim Bridger Units 1 and 2
We are proposing to approve Wyoming's December 2022 regional haze
SIP revision pertaining to the State's reasonable progress
NOX determinations for Jim Bridger Units 1 and 2.
In our analysis of Wyoming's 2022 SIP revision, we evaluated
Wyoming's reasonable progress determination for Jim Bridger Units 1 and
2 under 40 CFR 51.308(d)(1)(i)(A). As a threshold matter and given the
considerably shortened remaining useful life of the existing coal-fired
boilers due to the proposed natural gas conversion, we propose to find
that it is appropriate for Wyoming to reassess its existing long-term
strategy to achieve reasonable progress for Jim Bridger Units 1 and 2
by conducting a four-factor analysis.
1. Basis for the EPA's Proposed Approval
Our proposed approval is based on the following: (1) the fact that
this is a first planning period reasonable progress determination for
BART sources; (2) the costs of compliance; and (3) an analysis of
projected emissions reductions achievable.
As explained in the EPA's 2007 Reasonable Progress Guidance for the
first planning period, states have latitude to determine appropriate
additional control requirements for ensuring reasonable progress.\73\
Unlike BART, which contains very specific applicability criteria to
procure, install, and operate the best available retrofit technology
and a regulatory framework for how states perform a ``one-time''
evaluation of emissions controls for the first planning period, the
procedure for determining what controls are necessary to make
reasonable progress is not as specific and a reasonable progress
analysis is performed each planning period.\74\ Thus, although states
must consider the four statutory factors, at a minimum, in determining
reasonable progress, states also have more flexibility in how to take
these factors into consideration.\75\ The text of the CAA and case law
likewise support affording states deference in their reasonable
progress determinations, provided those determinations are reasonable
given the applicable statutory and regulatory requirements and purpose
of the regional haze program.\76\
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\73\ The EPA's 2007 Guidance at page 4-2.
\74\ Compare 40 CFR 51.308(e) and part 51, appendix Y with 40
CFR 51.308(d).
\75\ The EPA's 2007 Guidance at page 5-1.
\76\ 42 U.S.C. 7407(a) (``Each State shall have the primary
responsibility for assuring air quality within [its] entire
geographic area.''); id. section 7401(a)(3) (``[A]ir pollution
prevention . . . is the primary responsibility of States and local
governments.''); Oklahoma v. EPA, 723 F.3d 1201, 1204 (10th Cir.
2014) (``The Clean Air Act uses a cooperative federalism approach to
regulate air quality.'') (Internal quotation marks omitted),
Luminant Generation Co. v. EPA, 675 F.3d 917, 921 (5th Cir. 2012)
(Congress gave states ``the primary responsibility for implementing
[air quality] standards.'') (Internal quotation marks omitted);
Union Elec. Co. v. EPA, 427 U.S. 246, 250 (1976) (states have ``wide
discretion'' in formulating SIPs).
---------------------------------------------------------------------------
Furthermore, the EPA's 2007 Guidance provides that reasonable
progress analyses for the first implementation period are conducted
against the backdrop of a state's BART determinations. In particular,
the EPA's 2007 Guidance states that, given the overlap between the
statutory BART and reasonable progress factors, it may be reasonable to
conclude that any controls required pursuant to a BART determination
for a source also satisfy the reasonable progress-related requirements
for that source.\77\ Here, the two sources (Units 1 and 2) being
analyzed are BART sources for which BART determinations were made and
emission limits were required. In its 2022 SIP revision, Wyoming
considered what, if any, controls should be required in addition to the
BART controls
[[Page 25208]]
determined appropriate (LNB/SOFA) for the first planning period.
Specifically, the State performed a reasonable progress four-factor
analysis for Jim Bridger Units 1 and 2 to analyze whether it was
appropriate to remove the existing 0.07 lb/MMBtu emission limits
associated with SCR in addition to the five-factor BART analysis it
performed previously. We propose to find that the outcome of that
analysis--that the conversion of Jim Bridger Units 1 and 2 from coal-
firing to natural gas-firing, together with NOX emission and
heat input limits, makes reasonable progress for the first
implementation period--is not unreasonable and is supported by the
EPA's 2007 Guidance and Regional Haze Rule.\78\
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\77\ See the EPA's 2007 Guidance at pages 4-2--4-3.
\78\ 40 CFR 51.308(d)(1).
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a. Costs of Compliance
In its reasonable progress analysis for Jim Bridger Units 1 and 2,
the statutory factor that appears to have been the most significant in
Wyoming's reasonable progress determination is the costs of compliance.
As an initial matter, we agree with Wyoming's reliance on the revised
cost estimates reflected in Wyoming's 2022 SIP revision rather than the
cost estimates from EPA's 2014 final rule. Specifically, based on our
review, the following elements of Wyoming's revised cost calculation
are appropriate: (1) the use of actual annual average (2013-2015)
baseline NOX emissions rates for LNB/SOFA for the
installation of SCR operating on coal and conversion from coal-firing
to natural gas-firing scenarios; (2) the use of baseline NOX
emissions rates reflected in the consent decree associated with the
installation of SCR operating on natural gas scenario; (3) the use of
NOX emissions rates of 0.05 lb/MMBtu (annual average) and
0.12 lb/MMBtu (30-day rolling average) for the installation of SCR
firing on coal or natural gas and the conversion from coal-firing to
natural gas-firing, respectively; (4) the use of amortization periods
of 1.00 (12 months) and 1.67 (20 months) for the installation of SCR
firing coal on Units 1 and 2, respectively; and (5) the use of actual
costs for the installation and operation of SCR derived from those
costs incurred for Units 3 and 4. However, we disagree with Wyoming's
amortization period for SCR firing on natural gas and for conversion
from coal-firing to natural gas-firing scenarios and are therefore
providing supplemental analysis to support our conclusions.
Additionally, we are supplementing our cost calculations with a common
baseline reflecting the maximum allowable heat input.
With respect to control cost estimates, including amortization
periods, our NOX control cost estimates in the reasonable
progress analysis are based on the current version of the EPA's Control
Cost Manual, which was revised in 2014 and, as updated, includes a 30-
year equipment life for SCR.\79\ The change in the equipment life
estimate from 20 to 30 years for SCR affects annual cost estimates and
average cost-effectiveness. The updated Control Cost Manual also
requires the use of the source's ``firm-specific nominal rate'' of
borrowing instead of the manual's prior instruction to use a 7%
interest rate.\80\ In response to comments on Wyoming's 2020 SIP
revision, PacifiCorp stated that its actual rate of borrowing is higher
than 7%.\81\ Here, we note that PacifiCorp's actual rate of borrowing
is 7.303% as provided in Wyoming's 2022 SIP revision.\82\ We agree that
this approach is appropriate and consistent with the updated Control
Cost Manual. However, we are proposing to find that the State did not
use the appropriate amortization period for the installation of SCR on
natural gas-firing and conversion from coal-firing to natural gas-
firing scenarios. In both of these scenarios, Wyoming used an
amortization period of 14 years (2024-2037) based on the expected
remaining useful life of Jim Bridger Units 1 and 2 found in
PacifiCorp's 2021 Integrated Resource Plan (IRP).\83\ Because there is
not an enforceable closure date in the Wyoming regional haze SIP that
would effectively shorten the remaining useful life of Jim Bridger
Units 1 and 2, we find that the Cost Control Manual requires that the
default remaining useful life (30 years) be used as the amortization
period of the control technologies being evaluated in the cost
analyses.\84\
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\79\ EPA, ``Cost Control Manual,'' Section 4, Chapter 2, June
2019, page 80, available at https://www.epa.gov/economic-and-cost-analysis-air-pollution-regulations/cost-reports-and-guidance-air-pollution (last visited February 2024).
\80\ Id. at Section 1, Chapter 2, November 2017, pages 14-17,
available at https://www.epa.gov/economic-and-cost-analysis-air-pollution-regulations/cost-reports-and-guidance-air-pollution (last
visited February 2024).
\81\ Letter dated October 25, 2019, from James Owen, Director,
Environmental, PacifiCorp, to Nancy Vehr, Administrator, Wyoming
Department of Environmental Quality, Air Quality Division, at page
7. (Originally submitted as part of Wyoming 2020 SIP revision).
\82\ Wyoming 2022 SIP revision, cost supplement.
\83\ Wyoming 2022 SIP revision at 3.
\84\ EPA, ``Cost Control Manual,'' Section 4, Chapter 2, June
2019, page 80, available at https://www.epa.gov/economic-and-cost-analysis-air-pollution-regulations/cost-reports-and-guidance-air-pollution (last visited February 2024). However, we also note that
PacifiCorp's 2021 Integrated Resource Plan Update lists retirement
for Jim Bridger Units 1 and 2 as 2037. PacifiCorp, ``PacifiCorp
Integrated Resource Plan Update,'' March 2022, page 13.
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With respect to the baseline NOX emissions rates,
Wyoming's cost analyses assessed the installation of SCR operating on
coal and conversion to natural gas scenarios against a 2001-2003
baseline heat input of 42,977,652 MMBtu/year and 40,898,999 MMBtu/year
for Units 1 and 2, respectively, and 2013-2015 baseline NOX
emission rates for LNB/SOFA. Because reasonable progress analyses for
BART sources in the first implementation period are conducted to
determine what, if anything, in addition to BART is necessary to make
reasonable progress and are a separate control determination than
BART,\85\ and because BART controls (LNB/SOFA) are already installed
and operating on these units, we believe it was reasonable for Wyoming
to consider the cost of potential reasonable progress controls (SCR
operating on coal and conversion to natural gas) relative to a baseline
of BART (2013-2015 baseline NOX emission rates for LNB/SOFA)
and the 2001-2003 baseline heat input figures. Moreover, because the
installation of controls (SCR) operating on natural gas scenario
reflects a baseline associated with natural gas firing instead of coal-
firing, we also believe it was reasonable for Wyoming to use the
baseline heat input (21,900,000 MMBtu/year) and NOX emission
limits (0.12 lb/MMBtu; 1,314 tons/year) required in the consent decree
for both Units 1 and 2. Thus, as previously stated, we agree with the
State and find the baselines appropriate for each of the three
scenarios.
---------------------------------------------------------------------------
\85\ The EPA's 2007 Guidance at page 4-2.
---------------------------------------------------------------------------
While the Regional Haze Rule does not require states to consider
fuel switching (e.g. from coal to natural gas) as control options,
states are free to do so.\86\ In Wyoming and other states, we have
approved state-adopted requirements for switching fuels, which have
usually been negotiated between the source operator and the state.\87\
Thus, because, as previously described, this is not a BART
determination, and because two of the control scenarios (conversion
from coal to natural gas and installation of SCR operating on natural
gas) involve fuel switching from coal to natural gas, we believe it is
also reasonable to consider the cost using a common baseline reflecting
potential-to-emit (e.g., allowable) baseline NOX emissions
rather than the historical baseline emissions reflective of coal-
[[Page 25209]]
firing. We therefore conducted an additional cost analysis using the
maximum allowable heat input limit of 52,560,000 MMBtu/year from
Wyoming's 2009 BART Application Analysis as the baseline for potential
further controls along with the 30-year amortization period for the SCR
on natural gas and conversion from coal-firing to natural gas-firing
scenarios (Table 4).88 89
---------------------------------------------------------------------------
\86\ 40 CFR part 51, appendix Y.
\87\ 83 FR 31332 (July 5, 2018), 84 FR 10433 (March 21, 2019).
\88\ See `Firing Rate' in Wyoming BART Application Analysis (AP-
6040), page 3. (May 28, 2009).
\89\ EPA Supplemental NOX Revised Reasonable Progress
Analysis. March 13, 2024.
Table 4--The EPA's Summary of Jim Bridger Units 1 and 2 NOX Revised Reasonable Progress Cost Analysis
----------------------------------------------------------------------------------------------------------------
NOX emissions Emissions Average cost
Scenario rate (lb/MMBtu) reduction (tons Total annual effectiveness
per year) cost ($/year) ($/ton)
----------------------------------------------------------------------------------------------------------------
Unit 1
----------------------------------------------------------------------------------------------------------------
SCR operating on coal..................... \1\ 0.05 3,600 $152,369,457 $42,321
SCR operating on natural gas.............. \1\ 0.05 767 13,355,567 17,424
Conversion from coal to natural gas \3\... \2\ 0.12 3,600 3,530,769 981
----------------------------------------------------------------------------------------------------------------
Unit 2
----------------------------------------------------------------------------------------------------------------
SCR operating on coal..................... \1\ 0.05 3,732 94,115,947 25,220
SCR operating on natural gas.............. \1\ 0.05 767 13,355,567 17,424
Conversion from coal to natural gas \3\... \2\ 0.12 3,732 3,490,829 935
----------------------------------------------------------------------------------------------------------------
\1\ Based on an annual average.
\2\ Based on a 30-day rolling average.
\3\ Operating with a heat input limit of 21,900,000 MMBtu/year (equal to 41.6% of maximum annual heat input).
Thus, when comparing Wyoming's cost estimates (Table 3) with our
revised cost estimates (Table 4) using a common baseline maximum heat
input and 30-year amortization periods for SCR on natural gas and
conversion from coal-fired to natural gas-fired scenarios, the average
cost-effectiveness for SCR on coal for Units 1 and 2, respectively, are
$51,756 and $32,411 per ton of NOX reduced using Wyoming's
cost estimates and $42,321 and $25,220 per ton of NOX
reduced using the EPA's revised cost estimates. The average cost-
effectiveness for SCR on natural gas for Units 1 and 2, respectively,
are $23,531 and $23,531 per ton of NOX reduced using
Wyoming's cost estimates and $17,424 and $17,424 per ton of
NOX reduced using the EPA's revised cost estimates. The
average cost-effectiveness for converting from coal-fired to natural
gas-fired for Units 1 and 2, respectively, are $1,486 and $1,517 per
ton of NOX reduced using Wyoming's cost estimates and $981
and $935 per ton of NOX reduced using the EPA's revised cost
estimates. As explained previously, while the EPA believes it is
appropriate for Wyoming to consider the cost of potential reasonable
progress controls (SCR operating on coal and conversion to natural gas)
relative to a baseline of BART (2013-2015 baseline NOX
emission rates for LNB/SOFA) using 2001-2003 baseline heat input,
comparing the potential reasonable progress controls, including the
conversion to a different fuel source, to a common baseline reflecting
the maximum allowable heat input of the source (as well as appropriate
amortization periods) is appropriate. To that end, the average cost-
effectiveness for all three scenarios is reduced using the EPA's
revised cost estimates compared to Wyoming's cost estimates.
Nevertheless, despite the reductions in average cost-effectiveness
reflected in the EPA's revised cost estimates, we agree with Wyoming's
consideration of cost-effectiveness and rejection of SCR operating on
coal and operating on natural gas as reasonable progress controls
because the cost-effectiveness figures for these controls are well
above controls similarly determined in other first planning period
actions to be too costly. For example, at the Antelope Valley Station
power plant in North Dakota (Units 1 and 2), we determined that
reasonable progress for NOX required an emission-limit
corresponding to LNB (0.17 lb/MMBtu).\90\ The average cost-
effectiveness values for LNB at each unit were $586 and $661 per ton
and that level of control was predicted to achieve NOX
reductions of approximately 3,500 tons per unit. The average cost-
effectiveness for LNB + SCR at each unit were $6,746/ton and $7,606/ton
and that level of control was predicted to achieve NOX
reductions of approximately 6,500 tons per unit. We ultimately excluded
LNB + SCR because the cost-effectiveness values were much higher than
LNB. We therefore concluded that requiring higher performing controls
during the first planning period was not reasonable.\91\ Similarly, we
are proposing here to approve Wyoming's determination that a higher
performing control, in this case SCR \92\ operating on coal or natural
gas, is not reasonable given the cost-effectiveness and consideration
of the other statutory factors discussed in this document. Here, the
cost of SCR controls installed at Jim Bridger Units 1 and 2 whether on
coal-fired or natural gas-fired boilers is significantly greater than
the cost of conversion from coal to natural gas.
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\90\ 76 FR 58570, 58632 (September 21, 2011); 77 FR 20894,
20896-97, 20899 (April 6, 2012). LNB here refers to LNB with close-
coupled overfire air and SOFA.
\91\ 76 FR at 58631-32; 77 FR at 20899.
\92\ Antelope Valley was not a BART source and did not have LNB
installed at the time of the reasonable progress analysis;
therefore, LNB was assessed as a potential reasonable progress
control in addition to LNB + SNCR and LNB + SCR. In contrast, Jim
Bridger Units 1 and 2 are operating LNB/SOFA pursuant to those
units' BART determinations.
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In addition to the Antelope Valley Station, we are also proposing
to find that Wyoming's determinations were reasonable and supported by
the EPA's reasonable progress determination for Tucson Electric Power's
Springerville Generating Station in Arizona (Springerville). For
Springerville, cost effectiveness was analyzed after the installation
of LNB with over-fire air (LNB/OFA) similar to the analysis of Jim
Bridger Units 1 and 2 with LNB/SOFA controls already installed (see
Tables 3 and 4). The Springerville Generating
[[Page 25210]]
Station contains four units, and like Jim Bridger, Springerville Units
3 and 4 already had SCR controls installed at the time of the
reasonable progress analysis for Units 1 and 2. We determined the
average cost-effectiveness for SCR at Springerville Units 1 and 2 to be
$6,829 per ton and $6,085 per ton, respectively.\93\ Ultimately, we
concluded that the visibility benefit of SCR, while larger at 0.41
deciviews at the most impacted Class I area, did not warrant the
relatively high cost of controls for purposes of reasonable progress in
the first planning period.\94\
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\93\ 79 FR 9318, 9359 (February 18, 2014).
\94\ 79 FR 9360; see also 79 FR 52420, 52420 (September 3,
2014).
---------------------------------------------------------------------------
Wyoming did not assess visibility impacts; thus, we are not
assessing visibility impacts in our review. Nevertheless, the average
cost effectiveness associated with the installation of SCR on either
the coal-fired or natural-gas fired boilers would be much higher than
those we found unreasonable on Springerville Units 1 and 2.
b. Other Statutory Factors
Of the four reasonable progress factors, cost was the most
significant factor in our analysis of controls for Units 1 and 2.
However, we also considered the other three statutory factors: time
necessary for compliance, energy and non-air quality environmental
impacts, and remaining useful life.
With respect to time necessary for compliance, the December 31,
2022, and December 31, 2021, compliance deadlines to install SCR on Jim
Bridger Units 1 and 2 have existed since 2014. Therefore, we do not
agree with the State that the time necessary for compliance is ``no
longer accurate or relevant.''
Relevant to energy and non-air quality environmental impacts, the
EPA's 2007 Guidance references the EPA's BART Guidelines, which
provide, among other things, that (1) the fact that a control
technology uses energy in and of itself does not disqualify that
technology, and (2) the fact that a control technology creates waste
that must be disposed of does not necessarily suggest selection of that
technology is unwarranted, especially if the control has been applied
to similar facilities elsewhere and the waste is similar to those other
applications.\95\ The 2007 Guidance also provides that to the extent
energy and non-air quality environmental impacts of compliance are
quantifiable, they should be included in the engineering analysis
supporting the cost of compliance estimates.\96\ Wyoming analyzed and
included relevant information in this regard in its revised cost
analysis for the Wyoming 2022 SIP revision.\97\ We also agree with the
State that the requirements relating to natural gas conversion
effectively limits the average annual capacity factor (heat input) to
approximately 42%, which is significant and may result in reducing the
consumption of natural resources.
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\95\ The EPA's 2007 Guidance at pages 5-2 and 5-3; 40 CFR part
51, appendix Y, IV.D.4.h-i.
\96\ The EPA's 2007 Guidance at pages 5-2 and 5-3.
\97\ Wyoming 2022 SIP revision, cost supplement.
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With respect to remaining useful life, we agree with the State that
the remaining useful life of the existing coal-fired boilers under the
SCR on coal-firing scenario is shortened to the end of 2023 by the
enforceable provisions in the consent decree. However, as stated
previously, the State did not provide an enforceable closure mechanism
that would ensure that the remaining useful life of Jim Bridger Units 1
and 2 under the natural gas conversion and SCR on natural gas-firing
scenarios would not extend beyond 2037.
Overall, despite disagreeing with certain aspects of Wyoming's
reasonable progress analyses, consideration of the three other
statutory factors--remaining useful life, time necessary for
compliance, and energy and non-air quality environmental impacts--does
not alter analysis that the costs of compliance is the determining
factor for the selection of controls at Jim Bridger Units 1 and 2.
c. Analysis of Projected Emissions Reductions Achievable
We also analyzed the three scenarios based on their associated
NOX emissions and emissions reductions achievable (Tables 5
and 6).
Table 5--Jim Bridger Units 1 and 2 Emissions Limits When Converted to
Natural Gas
------------------------------------------------------------------------
Permitted conversion NOX
------------------------------------------------------------------------
Coal-fired to natural gas-fired boilers 0.12 lb/MMBtu (30-day rolling
\1\. average) 1,314 tons/year.
------------------------------------------------------------------------
\1\ Operating with a heat input limit of 21,900,000 MMBtu/year (equal to
41.6% of maximum annual heat input).
Table 6--Jim Bridger Units 1 and 2 Coal to Natural Gas Emissions Comparison
----------------------------------------------------------------------------------------------------------------
NOX
--------------------------------------------
Emission limit
Fuel Permitted controls (lb/MMBtu, 30- Annual Annual
day rolling emissions reduction
average) (tons/year) (tons/year)
----------------------------------------------------------------------------------------------------------------
Coal............................. Existing controls + SCR......... \1\ 0.07 1,314 3,600
Natural gas...................... Heat input limit, NOX limits.... 0.12 1,314 3,600
----------------------------------------------------------------------------------------------------------------
\1\ Equivalent to 0.05 lb/MMBtu annual average.
As previously discussed, the EPA approved Wyoming's NOX
emission limit of 0.07 lb/MMBtu (30-day rolling average) for Jim
Bridger Units 1 and 2 that reflected existing LNB/SOFA with the
installation of SCR on both units under the State's long-term strategy.
The installation of SCR on Jim Bridger Units 1 and 2 would reduce
NOX emissions by 3,600 tons/year resulting in total
NOX emissions of 1,314 tons/year when operated at maximum
heat input. Likewise, the conversion from coal to natural gas, together
with NOX emission and heat input limits, would result in an
equivalent NOX emissions reduction of 3,600 tons/year
resulting in equivalent total NOX emissions of 1,314 tons/
year. Thus, once Units 1 and 2 are converted from coal to natural gas
under the conditions of the consent decree, the
[[Page 25211]]
NOX annual emissions are equivalent to the annual emissions
achieved with coal-fired SCR controls.
Notably, and as mentioned previously,\98\ we recognize the need to
adjust the averaging periods (e.g., annual actual average, 30-day
rolling average), as appropriate. In the Wyoming 2022 SIP revision, the
State chose to use an annual NOX emissions rate of 0.05 lb/
MMBtu to represent the installation of SCR on coal-fired or natural
gas-fired boilers, which we are proposing to find appropriate.
Generally, the NOX annual average emission rate is based on
the expected annual emission performance under a 30-day rolling average
emission rate. The latter value will necessarily be higher than the
former because of the shorter averaging period and a margin for
compliance.
---------------------------------------------------------------------------
\98\ See footnote #63.
---------------------------------------------------------------------------
For example, the relationship between annual average and 30-day
rolling average can be observed at Jim Bridger Units 3 and 4 which are
subject to a 30-day rolling average emission limit of 0.07 lb/MMBtu and
are achieving actual annual emission rates of approximately 0.05 lb/
MMBtu.\99\ Thus, we find that an estimated actual annual emission limit
of 0.05 lb/MMBtu appropriately corresponds to the 30-day rolling
average emission limit of 0.07 lb/MMBtu.
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\99\ 83 FR 55656, 55662 (November 7, 2018).
---------------------------------------------------------------------------
2. Summary of the EPA's Evaluation of Wyoming's Reasonable Progress
Demonstration
We are proposing to find that Wyoming's determination was not
unreasonable based on the circumstances described herein. However, we
note that it may be necessary to reassess higher performing controls
for reasonable progress sources, including Jim Bridger Units 1 and 2,
in future planning periods.\100\
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\100\ Wyoming's regional haze second planning period proposed
SIP revision was due July 31, 2021. 40 CFR 51.308(f).
---------------------------------------------------------------------------
Regardless, considering the fact that this is a first planning
period reasonable progress determination for BART sources which the
State has already required controls for the first planning period, the
costs of compliance, and the analysis of projected emissions reductions
achievable, it is not unreasonable for Wyoming to conclude that
conversion from coal-firing to natural gas-firing, together with
NOX emission and heat input limits, on Jim Bridger Units 1
and 2 is sufficient to make reasonable progress in the first planning
period. Thus, we are proposing to fully approve Wyoming's reasonable
progress determination for Jim Bridger Units 1 and 2 for the first
implementation period.
B. The EPA's Proposed Approval of Wyoming's Long-Term Strategy for Jim
Bridger Units 1 and 2
Under 40 CFR 308(d)(3), a state's ``long-term strategy must include
enforceable emissions limitations, compliance schedules, and other
measures as necessary to achieve the reasonable progress goals
established by States having mandatory Class I Federal areas.'' Wyoming
submitted the Wyoming 2022 SIP revision to replace the approved
reductions under the long-term strategy with comparable emission
reductions as analyzed under reasonable progress. As described in more
detail previously, we are proposing to find that the conversion of Jim
Bridger Units 1 and 2 to natural gas along with associated
NOX limits and decreasing heat input, results in
NOX annual emissions that are equivalent to the annual
emissions achieved with coal-fired SCR controls (a reduction of
NOX emissions by 3,600 tons/year resulting in total
NOX emissions of 1,314 tons/year when operated at maximum
heat input). Since reasonable progress is a subset of the requirements
for the long-term strategy, adoption of the emission reductions under
reasonable progress for Jim Bridger Units 1 and 2 will also ensure that
the long-term strategy requirements are met. Because Wyoming has
demonstrated that the proposed emissions reductions for Jim Bridger
Units 1 and 2 under reasonable progress are equivalent to the long-term
strategy emissions reductions Wyoming is proposing to replace for those
same units, we are also proposing to approve Wyoming's reasonable
progress NOX emissions limit derived for natural gas
conversion and reduced heat inputs for Jim Bridger Units 1 and 2 as
meeting the requirements of long-term strategy.
C. Monthly and Annual NOX and SO2 Emission Limits for Jim Bridger Units
1-4
Our proposed approval of Wyoming's reasonable progress
determination for Jim Bridger Units 1 and 2 is based solely on the
source-specific NOX reasonable progress analysis, as this
analysis and determination pertains to NOX only. As
previously stated, Wyoming did not provide a rationale or analysis for
the inclusion of the monthly and annual NOX and
SO2 emission limits. Furthermore, these limits include both
NOX and SO2 emissions reductions which is outside
of the scope of this proposed rulemaking. Nevertheless, we acknowledge
that (1) per the EPA's 2007 Reasonable Progress Goals Guidance, Wyoming
has discretion to evaluate factors (beyond the four statutory factors)
that it considers relevant in formulating its long-term strategy,\101\
and (2) the inclusion of the monthly and annual NOX and
SO2 emissions limits will reduce haze-causing pollutants.
Indeed, the State has opted to adopt and make enforceable these monthly
and annual NOX and SO2 emission limits, as
proposed by PacifiCorp, through a state permit. Thus, we propose to
find that these limits are relevant to Wyoming's progress towards
natural visibility conditions at its Class I areas. However, because we
are proposing that Wyoming's regional haze obligations under 40 CFR
51.308(d)(1)(i)(A) are met by the determinations made pursuant to the
NOX reasonable progress analysis, we propose to accept these
limits solely as a SIP-strengthening measure, thus making them
federally enforceable through incorporation and reference to Wyoming
air quality permit #P0025809.\102\
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\101\ The EPA's 2007 Guidance at page 5-1.
\102\ We are not evaluating the monthly and annual
NOX and SO2 emission limits beyond our
proposed acceptance of these limits as a SIP-strengthening measure.
---------------------------------------------------------------------------
D. Monitoring, Recordkeeping, and Reporting
We are proposing to approve certain monitoring, recordkeeping, and
reporting requirements found in Wyoming air quality permit #P0036941
associated with the conversion from coal-firing to natural gas-firing
which, if finalized, will replace the monitoring, recordkeeping, and
reporting requirements associated with EPA's 2014 final rule found in
40 CFR 52.2636(e) through 40 CFR 52.2636(k).\103\ We are also proposing
to approve an additional monitoring, recordkeeping, and reporting
condition into the SIP associated with permit #P0025809 related to the
monthly and annual NOX and SO2 emission limits
for Jim Bridger Units 1-4.\104\ The condition will be in addition to,
and does not replace, existing requirements.\105\
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\103\ Permit #P0036941, Conditions 4, 5, 6, 10.i.1, 10.i.4, 17,
18, 19, 20, and 21.
\104\ Permit #P0025809, Condition 8.i.
\105\ The monitoring, recordkeeping, and reporting requirements
associated with Permit #P0025809 correspond to the monitoring,
recordkeeping, and reporting requirements promulgated at 40 CFR
52.2636(e) through 40 CFR 52.2636(k) and differ only as necessary to
accommodate the differences in emissions rates used for the monthly
annual NOX and SO2 emissions limits.
Specifically, the monitoring, recordkeeping, and reporting
requirements at 40 CFR 52.2636(e) through 40 CFR 52.2636(k) assume
lb/MMBtu rates for NOX on a 30-day rolling basis, while
the monitoring, recordkeeping, and reporting requirements for the
monthly and annual NOX and SO2 emissions
limits in Permit #P0025809 assume lb/hr rates for NOX and
SO2 on a monthly-block basis.
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[[Page 25212]]
The BART emission limits for Units 3 and 4 identified for the Jim
Bridger power plant in Table 1 of 40 CFR 52.2636 and associated
NOX-related monitoring, recordkeeping, and reporting
requirements found in 40 CFR 52.2636(e) through 40 CFR 52.2636(k) will
remain in effect for the BART limits and reasonable progress limits
will therefore not be impacted upon approval of our proposed revisions.
E. Consultation With Federal Land Managers
There are seven Class I areas in the State of Wyoming. The United
States Forest Service manages the Bridger Wilderness, Fitzpatrick
Wilderness, North Absaroka Wilderness, Teton Wilderness, and Washakie
Wilderness.\106\ The National Park Service manages Grand Teton National
Park and Yellowstone National Park. The Regional Haze Rule grants the
FLMs, regardless of whether an FLM manages a Class I area within the
state, a special role in the review of regional haze implementation
plans, summarized in section II.D. of this preamble.
---------------------------------------------------------------------------
\106\ Our 2014 final rule modeled visibility improvement for six
Class I areas in Wyoming (Bridger Wilderness, Fitzpatrick
Wilderness, Teton Wilderness, Washakie Wilderness, Grand Teton
National Park, and Yellowstone National Park) as well as three
additional Class I areas in Colorado (Mt. Zirkel Wilderness, Rawah
Wilderness, and Rocky Mountain National Park).
---------------------------------------------------------------------------
Under 40 CFR 51.308(i)(2), Wyoming was obligated to provide the
FLMs with an opportunity for consultation in development of the State's
SIP revision no less than 60 days prior to the associated public
hearing or public comment opportunity. On June 7, 2022, the State of
Wyoming informed the FLMs of the State's draft proposed regional haze
SIP revision for the Jim Bridger power plant. In doing so, the State
provided the FLMs with a copy of the draft regional haze SIP revision
and related consent decree \107\ and provided the FLMs with 60 days to
provide comments as well as the opportunity to discuss the draft SIP
during a phone call, if requested.\108\ The State received comments
from the FLMs, made those comments available during the public comment
period, and responded to the comments in the final SIP submittal.\109\
Therefore, we propose to find that Wyoming met its obligations for
consultation in development of the State's draft regional haze SIP
revision.
---------------------------------------------------------------------------
\107\ Consent Decree, State of Wyoming v. PacifiCorp, Docket No.
2022-CV-200-333. First Judicial District Court, Laramie, Wyoming.
(February 14, 2022).
\108\ Email from Amber Potts, Wyoming Department of
Environmental Quality, to Federal Land Managers. June 7, 2022.
\109\ Per the CAA 169A(d), states shall include a summary of the
conclusions and recommendations of the FLMs in the notice to the
public.
---------------------------------------------------------------------------
V. Clean Air Act Section 110(l)
Under CAA section 110(l), the EPA cannot approve a plan revision
``if the revision would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 7501 of this title), or any other applicable requirement of
this chapter.'' \110\ The previous sections of the document explain how
the Wyoming 2022 SIP revision will comply with applicable regional haze
requirements and general implementation plan requirements, such as
enforceability, and that annual NOX emissions are not
greater than what is currently allowed in the SIP. There are no
National Ambient Air Quality Standard (NAAQS) nonattainment areas in
Wyoming for nitrogen dioxide (NO2) or PM.\111\ Likewise,
there are also no NAAQS nonattainment areas in the State of Wyoming for
SO2.
---------------------------------------------------------------------------
\110\ Note that ``reasonable further progress'' as used in CAA
section 110(l) is a reference to that term as defined in section
301(a) (i.e., 42 U.S.C. 7501(a)), and as such means reductions
required to attain the NAAQS set for criteria pollutants under
section 109. This term as used in section 110(l) (and defined in
section 301(a)) is not synonymous with ``reasonable progress'' as
that term is used in the regional haze program. Instead, section
110(l) provides that the EPA cannot approve plan revisions that
interfere with regional haze requirements (including reasonable
progress requirements) insofar as they are ``other applicable
requirement[s]'' of the CAA.
\111\ See Wyoming 2020 SIP revision at 13.
---------------------------------------------------------------------------
With respect to ozone NAAQS nonattainment areas,\112\ the Upper
Green River Basin ozone nonattainment area covers areas in Lincoln,
Sublette, and Sweetwater counties and was designated nonattainment for
the 2008 8-hour ozone NAAQS on July 20, 2012.\113\ On May 4, 2016, the
EPA finalized a determination of attainment for the Upper Green River
Basin nonattainment area.\114\ Based on the most recent 3 years of
valid data at that time (2012-2014), the Upper Green River Basin
attained the 2008 8-hour ozone NAAQS by the attainment date of July 20,
2015, and continued to attain that standard during the most recent
monitoring period (from 2020 to 2022).\115\ Thus, the Upper Green River
Basin is attaining the 2008 8-hour ozone NAAQS at current emissions
levels which would not increase under Wyoming's 2022 SIP revision
because the proposed action results in emissions reductions equivalent
to the previous SIP. In addition, the Upper Green River Basin is not a
nonattainment area for the 2015 ozone NAAQS as it had an attaining
design value of 63 ppb \116\ at the time of the designations in 2017.
The current 2020-2022 preliminary design value is also attaining with a
value of 67 ppb.\117\
---------------------------------------------------------------------------
\112\ NOX is an ozone precursor.
\113\ 77 FR 30088 (May 21, 2012).
\114\ 81 FR 26697 (May 4, 2016).
\115\ EPA, ``Air Quality System Preliminary Design Value
Report,'' October 5, 2022.
\116\ EPA, ``Ozone Design Values Report, 2016,'' October 2,
2017.
\117\ EPA, ``Upper Green River Basin 2020-2022 Preliminary Ozone
Design Value Report,'' Row 18, October 5, 2022.
---------------------------------------------------------------------------
Therefore, we propose to find that the Wyoming 2022 SIP revision is
not anticipated to interfere with applicable requirements of the CAA
and therefore CAA section 110(l) does not prohibit approval of this
SIP.
VI. Summary of the EPA's Proposed Action
In this action, the EPA is proposing to approve Wyoming's 2022 SIP
revision for the NOX reasonable progress analysis and
determination for Jim Bridger Units 1 and 2, including the associated
emission and operational limitations, compliance dates, and monitoring,
recordkeeping and reporting requirements as well as the separate
monthly and annual NOX and SO2 emissions limits.
Specifically, the EPA is proposing to approve the following as
federally enforceable elements of the Wyoming 2022 SIP revision for Jim
Bridger Units 1-4:
The NOX emission limits found in Wyoming air
quality permit #P0036941 (Condition 9 for NOX lb/MMBtu and
tons/year emission limits) for Units 1 and 2.
The NOX and SO2 emission limits
found in Wyoming air quality permit #P0025809 (Condition 7 for lb/hr
and Condition 9 for tons/year) for Units 1-4.
The operational limit on annual heat input (based on a 12-
month rolling average of hourly heat input values) found in Wyoming air
quality permit #P0036941 (Condition 19).
The compliance dates found in Wyoming air quality permit
#P0036941 (Conditions 11 and 16) requiring that Units 1 and 2 comply
with NOX emission rates in lb/MMBtu (30-day rolling average)
and tons/year as well as an annual heat input in MMBtu/year; and permit
#P0025809 (Conditions 7 and 9) requiring that Units 1-4 comply with the
NOX and SO2 emission limits in lb/hr and tons/
year, respectively.
[[Page 25213]]
The monitoring, recordkeeping and reporting requirements
found in Wyoming air quality permit #P0036941 (Conditions 4, 5, 6,
10.i.1, 10.i.4, 17, 18, 19, 20, and 21) and permit #P0025809 (Condition
8.i and 9).
If the above elements are finalized into the SIP, the 0.07 lb/MMBtu
NOX long-term emission limits for Jim Bridger Units 1 and 2
will be removed from the SIP and replaced with the 0.12 lb/MMBtu
NOX reasonable progress emission limit and associated
NOX emissions and heat input limits, while the 0.07 lb/MMBtu
NOX long-term strategy emission limits will remain for Units
3 and 4.
We are also proposing to approve the following non-enforceable
elements of the Wyoming 2022 SIP revision for:
Jim Bridger Units 1 and 2, Chapters 7.3.6 PacifiCorp Jim
Bridger Electric Generating Station of Wyoming's regional haze
narrative, Addressing Regional Haze Visibility Protection For The
Mandatory Federal Class I Areas Required Under 40 CFR 51.309, which
contain a source-specific NOX reasonable progress analysis.
Jim Bridger Units 1-4, Chapter 8.3.3 Long-Term Control
Strategies for BART Facilities (Jim Bridger Power Plant (Units 1 and 2)
only) of Wyoming's regional haze narrative, Addressing Regional Haze
Visibility Protection For The Mandatory Federal Class I Areas Required
Under 40 CFR 51.309, which contains (1) plant-wide monthly
NOX and SO2 emission limits and an annual
emissions cap for NOX plus SO2; \118\ and (2) a
compliance date to convert Units 1 and 2 to natural gas along with an
associate NOX 30-day rolling average (lb/MMBtu),
NOX annual emission cap (tons/year), and annual heat input
(MMBtu/year).
---------------------------------------------------------------------------
\118\ The revised text in Chapter 8 refers only to Jim Bridger
Units 1 and 2. However, the monthly and annual NOX and
SO2 emissions limits contained within the permit
referenced, #P0025809, apply to Units 1-4 (Wyoming 2022 SIP revision
at 8).
Table 7--List of Wyoming SIP Amendments That the EPA Is Proposing To
Approve
------------------------------------------------------------------------
-------------------------------------------------------------------------
Conditions of Wyoming Air Quality Permit #P0036941 Proposed for Approval
------------------------------------------------------------------------
Condition 9 for NOX lb/MMBtu and tons/year emission limits; Condition 11
for fuel compliance date; Conditions 16, 19 for heat input limit and
associated compliance date; and Conditions 4, 5, 6, 10.i.1, 10.i.4, 17,
18, 19, 20, and 21 for associated monitoring, recordkeeping, and
reporting requirements.
------------------------------------------------------------------------
Conditions of Wyoming Air Quality Permit #P0025809 Proposed for Approval
------------------------------------------------------------------------
Condition 7 (lb/hr emission limits) and 9 (tons/year emission limits)
for NOX and SO2 monthly-block and annual emission limits and compliance
dates, and Condition 8.i for associated monitoring, recordkeeping, and
reporting requirements.
------------------------------------------------------------------------
Amended Sections of Wyoming Regional Haze SIP Narrative Proposed for
Approval \1\
------------------------------------------------------------------------
Chapter 7.3.6, Chapter 8.3.3 (Jim Bridger Power Plant (Units 1 and 2)
only)
------------------------------------------------------------------------
\1\ Wyoming 2022 SIP revision.
Together these proposed amendments modify:
40 CFR 52.2620(d)--air quality permit amendments adding
(1) the requirement to convert to natural gas and associated
NOX emissions limits and annual heat input for Jim Bridger
Units 1 and 2, (2) the monthly and annual NOX and
SO2 emission limits for Jim Bridger Units 1-4, and (3)
associated monitoring, recordkeeping and reporting requirements;
40 CFR 52.2620(e)--regional haze narrative amendments
adding (1) a source-specific NOX reasonable progress
analysis and determination for Jim Bridger Units 1 and 2 along with
associated NOX emission limits and annual heat input, and
(2) the monthly and annual NOX and SO2 emission
limits for Jim Bridger Units 1-4; and
40 CFR 52.2636(c)-(d)--NOX and SO2
emissions limits, heat input, and associated compliance dates for Jim
Bridger Units 1-4.
The proposed revisions to both 40 CFR 52.2620 and 40 CFR 52.2636
are included in this document. We are not proposing to change any other
regulatory text in 40 CFR 52.2620 or 40 CFR 52.2636.
VII. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the SIP amendments described in section VI. of
this preamble. The EPA has made, and will continue to make, these
materials generally available through https://www.regulations.gov
(refer to docket EPA-R08-OAR-2022-0536) and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
VIII. 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 EPA's role is to approve state choices,
provided that they meet the requirements of the CAA and applicable
Federal regulations. 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
[[Page 25214]]
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 CAA; and
In addition, the SIP is not approved to apply on any Indian
reservation land or 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 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Due to the nature of the action being taken here, this action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 2, 2024.
KC Becker,
Regional Administrator, Region 8.
For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR part 52 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 ZZ--Wyoming
0
2. In Sec. 52.2620:
0
a. The table in paragraph (d) is amended by adding the entries ``Jim
Bridger Units 1 and 2'' and ``Jim Bridger Units 1-4'' in alphabetical
order at the end of the table.
0
b. The table in paragraph (e) is amended by revising the entry ``(25)
XXV''.
The additions and revision read as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(d) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Final rule citation/
Regulation Rule title State effective date EPA effective date date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Jim Bridger Units 1 and 2..... Air Quality SIP August 29, 2023............. [date 30 days after [Federal Register Only the following
Permit containing date of publication citation of the permit provisions:
conversion to of the final rule in final rule], [date NOX emission limits
natural gas the Federal of publication of (Condition 9 for NOX
requirements, Register]. the final rule in lb/MMBtu and tons/
P0036941. the Federal year emission
Register]. limits); emission
limit compliance
date (Condition 11
for fuel compliance
date); heat input
limit and associated
compliance date
(Condition 16, 19);
and associated
monitoring,
recordkeeping, and
reporting
requirements
(Conditions 4, 5, 6,
10.i.1, 10.i.4, 17,
18, 19, 20, and 21).
[[Page 25215]]
Jim Bridger Units 1-4......... Air Quality SIP 5/5/2020.................... [date 30 days after [Federal Register Only the following
Permit containing date of publication citation of the permit provisions:
additional of the final rule in final rule], [date NOX and SO2 monthly-
requirements, the Federal of publication of block and annual
P0025809. Register]. the final rule in emission limits
the Federal (P0025809 Condition
Register]. 7 for lb/hr emission
limits, and
Condition 9 for tons/
year emission
limits); emission
limit compliance
dates (P0025809,
Conditions 7 and 9);
and associated
monitoring,
recordkeeping, and
reporting
requirements
(P0025809, Condition
8.i).
--------------------------------------------------------------------------------------------------------------------------------------------------------
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Rule No. Rule title effective EPA Effective Final rule Comments
date date citation/date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(25) XXV............ Wyoming State 5/23/22 [date 30 days [Federal Register Excluding portions of
Implementation after date of citation of the the following:
Plan for publication of final rule], Chapters 6.4, 6.5.7,
Regional Haze the final rule [date of 6.5.8, and 7.5. EPA
for 309(g). in the Federal publication of disapproved (1) the
Register]. the final rule NOX BART
in the Federal determinations for
Register]. (a) Laramie River
Units 1-3, (b) Dave
Johnston Unit 3, and
(c) Wyodak Unit 1;
(2) the State's
monitoring,
recordkeeping, and
reporting
requirements for
BART units; and (3)
the State's
reasonable progress
goals.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.2636:
0
a. Revise table 1 in paragraph (c)(1).
0
b. Add tables 3 and 4 in numerical order in paragraph (c)(1).
0
c. Revise paragraph (d)(1).
The revisions and additions read as follows:
Sec. 52.2636 Implementation plan for regional haze.
(c) * * *
(1) * * *
Table 1 to Sec. 52.2636
[Emission limits for BART units for which the EPA approved the State's
BART and Reasonable Progress determinations]
------------------------------------------------------------------------
NOX emission
PM emission limits- lb/MMBtu
Source name/BART unit limits-- lb/ (30-day rolling
MMBtu average)
------------------------------------------------------------------------
FMC Westvaco Trona Plant/Unit NS-1A.. 0.05 0.35
FMC Westvaco Trona Plant/Unit NS-1B.. 0.05 0.35
TATA Chemicals Partners (General 0.09 0.28
Chemical) Green River Trona Plant/
Boiler C............................
TATA Chemicals Partners (General 0.09 0.28
Chemical) Green River Trona Plant/
Boiler D............................
Basin Electric Power Cooperative 0.03 N/A
Laramie River Station/Unit 1........
Basin Electric Power Cooperative 0.03 N/A
Laramie River Station/Unit 2........
Basin Electric Power Cooperative 0.03 N/A
Laramie River Station/Unit 3........
PacifiCorp Dave Johnston Power Plant/ 0.015 N/A
Unit 3..............................
PacifiCorp Dave Johnston Power Plant/ 0.015 0.15
Unit 4..............................
PacifiCorp Jim Bridger Power Plant/ 0.03 0.26/0.12
Unit 1 \1\ \2\......................
PacifiCorp Jim Bridger Power Plant/ 0.03 0.26/0.12
Unit 2 \1\ \2\......................
PacifiCorp Jim Bridger Power Plant/ 0.03 0.26/0.07
Unit 3 \1\ \2\......................
PacifiCorp Jim Bridger Power Plant/ 0.03 0.26/0.07
Unit 4 \1\ \2\......................
PacifiCorp Naughton Power Plant/Unit 0.04 0.26
1...................................
PacifiCorp Naughton Power Plant/Unit 0.04 0.26
2...................................
PacifiCorp Wyodak Power Plant/Unit 1. 0.015 N/A
------------------------------------------------------------------------
\1\ The owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3,
and 4 shall comply with the NOX emission limit for BART of 0.26 lb/
MMBtu and the PM emission limit for BART of 0.03 lb/MMBtu and other
requirements of this section by March 4, 2019. The owners and
operators of PacifiCorp Jim Bridger Units 1, 2, 3, and 4 shall comply
with the NOX emission limit for reasonable progress of 0.12 lb/MMBtu
by January 1, 2024, for Jim Bridger Units 1 and 2 and 0.07 lb/MMBtu by
December 31, 2015, for Unit 3, and December 31, 2016, for Unit 4.
[[Page 25216]]
\2\ Additional NOX and SO2 emissions control measures and associated
compliance dates for Jim Bridger Units 1-4, are found in Sec.
52.2636(c) Tables 3 and 4.
* * * * *
Table 3 to Sec. 52.2636
[NOX and SO2 Emission Limits for Jim Bridger Units 1-4, Effective January 1, 2022]
----------------------------------------------------------------------------------------------------------------
Total units 1-4 NOX Total units 1-4 SO2
emission limit (monthly emission limit (monthly
Month average basis) 1 2 (lb/ average basis) 1 2 (lb/
hour) hour)
----------------------------------------------------------------------------------------------------------------
January....................................................... 2,050 2,100
February...................................................... 2,050 2,100
March......................................................... 2,050 2,100
April......................................................... 2,050 2,100
May........................................................... 2,200 2,100
June.......................................................... 2,500 2,100
July.......................................................... 2,500 2,100
August........................................................ 2,500 2,100
September..................................................... 2,500 2,100
October....................................................... 2,300 2,100
November...................................................... 2,030 2,100
December...................................................... 2,050 2,100
----------------------------------------------------------------------------------------------------------------
\1\ Effective January 1, 2022, through December 31, 2023.
\2\ In addition to monthly NOX and SO2 emission limits, an annual, plant-wide NOX plus SO2 emissions cap of
17,500 tons per year is effective January 1, 2022, through December 31, 2023.
Table 4 to Sec. 52.2636
[NOX Emission Limits and Heat Input for Jim Bridger Units 1-2, Effective January 1, 2024]
----------------------------------------------------------------------------------------------------------------
NOX emission limit
Unit (tons/year) Heat input (MMBtu/year)
----------------------------------------------------------------------------------------------------------------
Unit 1........................................................ 1,314 21,900,000
Unit 2........................................................ 1,314 21,900,000
----------------------------------------------------------------------------------------------------------------
* * * * *
(d) Compliance date. (1) The owners and operators of PacifiCorp Jim
Bridger Units 1, 2, 3, and 4 shall comply with the NOX
emission limit of 0.26 lb/MMBtu and PM emission limit of 0.03 lb/MMBtu
and other requirements of this section by March 4, 2019. The owners and
operators of PacifiCorp Jim Bridger Units 1 and 2 shall comply with the
NOX emission limit of 0.12 lb/MMBtu by January 1, 2024. The
owners and operators of PacifiCorp Jim Bridger Units 3 and 4 shall
comply with the NOX emission limit of 0.07 lb/MMBtu by:
December 31, 2015, for Unit 3, and December 31, 2016, for Unit 4. The
owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3, and 4
shall comply with the NOX and SO2 emission limits
contained in Sec. 52.2636(c) Table 3 by January 1, 2022. The owners
and operators of PacifiCorp Jim Bridger Units 1 and 2 shall comply with
NOX emission and heat input limits contained in Sec.
52.2636(c) Table 4 by January 1, 2024.
* * * * *
[FR Doc. 2024-07414 Filed 4-9-24; 8:45 am]
BILLING CODE 6560-50-P
