[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Rules and Regulations]
[Page 23105-23107]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap08-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-1091-200813; FRL-8559-1]
Approval and Promulgation of Implementation Plans Kentucky:
Tennessee Valley Authority Paradise Facility State Implementation Plan
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve a source specific State
Implementation Plan (SIP) revision submitted on October 19, 2007, by
the Commonwealth of Kentucky through the Kentucky Division for Air
Quality (KDAQ). This SIP revision supercedes a previous source-specific
revision approved by EPA on August 25, 1989, including an equivalency
demonstration supporting the redistribution of sulfur dioxide
(SO2) emissions from Tennessee Valley Authority's (TVA's)
Paradise Steam Plant located in Muhlenburg County, Kentucky. The
revision being approved now includes SO2 limits that are
more stringent than the current SIP-approved statewide SO2
limits for electric generating units (EGUs). Consistent with Kentucky
Administrative Regulations (KAR) approved into the SIP, affected
facilities located in Muhlenberg County are subject to an
SO2 emission limit of 3.1 pounds per million British Thermal
Units (lbs/mmBTU). The 3.1 lbs/mmBTU limit was approved by EPA on June
24, 1983, as part of Kentucky's control strategy for attaining and
maintaining the primary and secondary SO2 national ambient
air quality standard (NAAQS) in Muhlenberg County. This current SIP
action will approve a limit of 1.2 lbs/mmBTU for all three units with
limited bypass emissions of 3.1 lbs/mmBTU for scrubber maintenance on
Unit 3. This revision was proposed for approval on February 5, 2008,
and no adverse comments were received.
[[Page 23106]]
DATES: Effective Date: This rule will be effective May 29, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-1091. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9074. Ms. LeSane can also be reached via electronic mail at
lesane.heidi@epa.gov.
SUPPLEMENTARY INFORMATION:
Background
On October 19, 2007, KDAQ submitted to EPA a source-specific SIP
revision requesting that the 1989 source-specific redistribution of
SO2 emission limits for TVA Paradise be revised to account
for new control technology at the facility. KDAQ proposed that the TVA
Paradise facility be subject to specific limits discussed below which
are more stringent than Kentucky's SIP-approved KAR, requiring a 3.1
lbs/mmBTU limit. The rationale for the 1989 equivalency determination
and redistribution was the lack of control measures (a scrubber) on
Unit 3. TVA has now installed a wet scrubber on Unit 3, and as a
result, the 1989 redistribution is no longer necessary for the facility
to comply with the SIP-approved 401 KAR 61:015. At this time, Units 1
and 2 are equipped with Venturi-type limestone slurry flue gas
desulfurization (FGD) scrubbers, and Unit 3 is equipped with an
electrostatic precipitator and a wet limestone FGD scrubber. The
facility is now able to meet (and exceed) the requirements of 401 KAR
61:015 without a unit-specific redistribution. The new SO2
limits are: 1.2 lbs/mmBTU for all three units with a 3.1 lbs/mmBTU
limit allowed at Unit 3 for a limited time for scrubber maintenance.
This revision is consistent with section 110 of the Clean Air Act (CAA)
because it will continue to provide for attainment and maintenance of
the SO2 NAAQS. EPA proposed this revision for approval on
February 5, 2008 (73 FR 6657), and no adverse comments were received.
Final Action
EPA is taking final action to approve a source-specific SIP
revision submitted by KDAQ in October 2007 regarding the SO2
emission limits for the three units at the TVA Paradise Facility. This
action will supersede the 1989 source-specific SIP revision and subject
TVA Paradise to emission limits of 1.2 lbs/mmBTU at Units 1, 2, and 3,
except that Unit 3 may meet the limit of 3.1 lbs/mmBTU that is
established in 401 KAR 61:015 during the limited times when the Unit 3
scrubber is bypassed for maintenance (not to exceed 720 operating hours
in a 12-month period).
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, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves Kentucky law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by
Kentucky law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the Commonwealth, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 30, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it
[[Page 23107]]
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See, section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: April 17, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. Section 52.920 (d) is amended:
0
a. By revising the entry for ``TVA Paradise Permit,'' and
0
b. by adding a new entry at the end of the table for ``TVA Paradise
Permit'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Kentucky Source-Specific Requirements
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State
Name of source Permit No. effective EPA approval date Explanation
date
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* * * * * * *
TVA Paradise Permit........... KDEPDAQ Permit 0-87- 6/29/87 08/25/89, 54 FR 35326 WITHDRAWN
012.
* * * * * * *
TVA Paradise Permit........... KDEPDAQ Permit 0-87- 10/19/07 4/29/08 [Insert Emission Rates Units
012. citation of 1 and 2 are 1.2 lb/
publication]. MMBTU and Unit 3 is
1.2 lb/MMBTU or *3.1
lb/MMBTU.
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* Bypass of the scrubber shall be limited to 720 operating hours in any 12 consecutive months.
* * * * *
[FR Doc. E8-9252 Filed 4-28-08; 8:45 am]
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