[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Rules and Regulations]
[Pages 24502-24503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09383]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2020-0732; FRL-10022-93-Region 10]


Air Plan Approval; WA; Regional Haze Best Available Retrofit 
Technology Revision for TransAlta Centralia Generation Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
source-specific State Implementation Plan (SIP) revision submitted by 
the Washington State Department of Ecology (Ecology) on December 18, 
2020. The SIP revision makes changes to nitrogen oxide control 
requirements for the TransAlta Centralia Generation Plant (TransAlta). 
These requirements were established in an order issued to TransAlta by 
the State to satisfy the Clean Air Act Best Available Retrofit 
Technology Requirements (BART) put in place by Congress to reduce 
regional haze and restore visibility in national parks and wilderness 
areas. The changes submitted by the State improve the operation of 
pollution control equipment at TransAlta while continuing to meet BART 
requirements.

DATES: This final rule is effective June 7, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2020-0732. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information the disclosure 
of which is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available at https://www.regulations.gov, or please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or 
hunt.jeff@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, it means the EPA.

I. Background

    On March 8, 2021, we proposed to approve the source-specific SIP 
revision submitted by Ecology for the TransAlta Centralia Generation 
Plant (86 FR 13256). The reasons for our proposed approval were stated 
in the proposed rulemaking and will not be re-stated here. The public 
comment period for our proposed action ended on April 7, 2021. We 
received no comments. Therefore, we are finalizing our action as 
proposed.

II. Final Action

    The EPA is approving, and incorporating by reference into the 
Washington SIP, BART Order 6426 for the TransAlta Centralia Generation 
Plant, state effective July 29, 2020.\1\ The EPA is also removing from 
incorporation by reference the previous BART Order 6426 for the 
TransAlta Centralia Generation Plant, State effective December 13, 
2011.\2\ The EPA has determined that the changes improve the operation 
of pollution controls at the plant and are consistent with regional 
haze and other Clean Air Act (CAA) requirements.
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    \1\ In the Matter of an Administrative Order Against, TransAlta 
Centralia Generation LLC, Second Revision: Order No. 6426, except 
the undesignated introductory text, the section titled ``Findings,'' 
and the undesignated text following condition 9, State effective 
July 29, 2020.
    \2\ In the Matter of an Administrative Order Against, TransAlta 
Centralia Generation LLC, First Revision: Order No. 6426, except the 
undesignated introductory text, the section titled ``Findings,'' and 
the undesignated text following condition 13, State effective 
December 13, 2011.
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III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, we are finalizing the changes to the incorporation by reference 
as described in section II of this preamble. The EPA has made, and will 
continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region 10 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by the EPA for inclusion in the SIP, have been 
incorporated by reference by the EPA into that plan, are fully 
federally-enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rule of the EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because it does not address technical standards; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land in 
Washington except as specifically noted below and is also not approved 
to apply in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have

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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). Washington's SIP is 
approved to apply on non-trust land within the exterior boundaries of 
the Puyallup Indian Reservation, also known as the 1873 Survey Area. 
Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 
1773, Congress explicitly provided state and local agencies in 
Washington authority over activities on non-trust lands within the 1873 
Survey Area. Consistent with EPA policy, the EPA provided a 
consultation opportunity to the Puyallup Tribe, and other tribes 
located in Washington, in a letter dated September 4, 2020.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 6, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 28, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart WW--Washington

0
2. In Sec.  52.2470, amend the table in paragraph (d) by:
0
a. Removing the entry ``TransAlta Centralia BART''; and
0
b. Adding the entry ``TransAlta Centralia BART--Second Revision'' to 
the end of the table.
    The addition reads as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (d) * * *

                        EPA-Approved State of Washington Source-Specific Requirements \1\
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                                    Order/permit        State
          Name of source                 No.       effective date   EPA approval date         Explanations
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                                                  * * * * * * *
TransAlta Centralia BART--Second            #6426       7/29/2020  5/7/2021, [Insert    Except the undesignated
 Revision.                                                          Federal Register     introductory text, the
                                                                    citation].           section titled
                                                                                         ``Findings,'' and the
                                                                                         undesignated text
                                                                                         following condition 9.
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\1\ The EPA does not have the authority to remove these source-specific requirements in the absence of a
  demonstration that their removal would not interfere with attainment or maintenance of the NAAQS, violate any
  prevention of significant deterioration increment or result in visibility impairment. Washington Department of
  Ecology may request removal by submitting such a demonstration to the EPA as a SIP revision.

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[FR Doc. 2021-09383 Filed 5-6-21; 8:45 am]
BILLING CODE 6560-50-P


