Posted by: Steven M. Taber | October 19, 2010

Environmental Protection Agency Federal Register Rules, Proposed Rules and Notices, Tuesday, October 19, 2010

Tuesday, October 19, 2010

Final Rules

  • Approval of Implementation Plans of Wisconsin: Nitrogen Oxides Reasonably Available Control Technology. 40 CFR Part 52 [EPA–R05–OAR–2007–0587; EPA–R05–OAR–2009–0732; FRL–9205–8] .  SUMMARY: EPA is approving revisions to the Wisconsin State Implementation Plan (SIP) submitted on June 12, 2007 and on  September 14, 2009. These revisions incorporate provisions related to the implementation of nitrogen oxides  (NOX) Reasonably Available Control Technology (RACT) for major sources in the Milwaukee-Racine and Sheboygan County ozone nonattainment areas. EPA is approving SIP revisions that address the NOX RACT requirements found in the Clean Air Act (CAA). EPA is also approving other miscellaneous rule changes that  affect NOX regulations that were previously adopted and approved into the SIP.
  • Determination of Attainment for PM10: Eagle River PM10 Nonattainment Area, AK. 40 CFR Part 81 [Docket EPA–R10–OAR–2010–0433; FRL–9214–7] . SUMMARY: EPA has determined that the Eagle River  nonattainment area in Alaska attained the National Ambient Air Quality Standard (NAAQS) for particulate  matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) as of December 31, 1994.

Proposed Rules

  • Approval and Promulgation of Air Quality  Implementation Plans; Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered and Electing Electric Generating Facilities. 40 CFR Part 52 [EPA–R06–OAR–2005–TX–0031; FRL–9215–1] . SUMMARY: The EPA is proposing to partially approve and  partially disapprove revisions of the Texas State Implementation Plan (SIP) submitted by the Texas Commission  on Environmental Quality (TCEQ, or Commission) on January 3, 2000, and July 31, 2002, as  supplemented on August 5, 2009. These revisions are to regulations of the TCEQ which relate to application and  permitting procedures for grandfathered electric generating facilities (EGFs). The revisions address a mandate  by the Texas Legislature under Senate Bill 7 to achieve nitrogen oxide (NOX), sulfur dioxide (SO2) and particulate matter (PM) emission reductions from grandfathered EGFs. These emissions reductions will contribute to achieving attainment and help ensure attainment and continued maintenance of the National  Ambient Air Quality Standards (NAAQS) for ozone, sulfur dioxide, and particulate matter in the State of Texas.  As a result of these mandated emissions reductions, in accordance with section 110(l) of the Federal Clean Air  Act, as amended (the Act, or CAA), partial approval of these revisions will not interfere with attainment of the  NAAQS, reasonable further progress, or any other applicable requirement of the Act. EPA is proposing that the  revisions, but for a severable provision, meet section 110, part C, and part D of the Federal Clean Air Act (the  Act or CAA) and EPA’s regulations. Therefore, EPA is proposing to approve the revisions but for a severable  portion that allows collateral emissions increases of carbon monoxide (CO) created by the imposition of technology controls to be permitted under the State’s Standard Permit (SP) for Pollution Control Projects (PCP). EPA is proposing to disapprove this severable portion concerning the issuance of a PCP SP for the CO collateral  emissions increases. EPA is taking comments on this proposal and plans to follow with a final action.
  • Determination of Attainment for PM10: Eagle River PM10 Nonattainment Area, Alaska. 40 CFR Part 81 [Docket: EPA–R10–OAR–2010–0433; FRL– 9214–8] . SUMMARY: EPA proposed to determine that the Eagle River  nonattainment area in Alaska attained the National Ambient Air Quality Standard for particulate matter with an  aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) as of December 31, 1994.
  • Source Specific Federal Implementation Plan for  Implementing Best Available Retrofit Technology for Four Corners Power Plant: Navajo Nation. 40 CFR Part 49 [EPA–R09–OAR–2010–0683; FRL–9213–7] . SUMMARY: The Environmental Protection Agency (EPA) is proposing to promulgate a source specific Federal Implementation Plan (FIP) requiring the Four Corners Power Plant (FCPP), located on the Navajo Nation, to  achieve emissions reductions required by the Clean Air Act’s Best Available Retrofit Technology (BART)  provision. In this action, EPA is proposing to require FCPP to reduce emissions of oxides of nitrogen (NOX) and  particulate matter (PM). These pollutants are significant contributors to visibility impairment in the numerous  mandatory Class I Federal areas surrounding FCPP. For NOX emissions, EPA is proposing to require FCPP to  meet an emission limit of 0.11 lb/MMBtu, representing an 80% reduction from current NOX emissions. This NOX  imit is achievable by installing and operating Selective Catalytic Reduction (SCR) technology on Units 1–5.  For PM, EPA is proposing to require FCPP to meet an emission limit of 0.012 lb/MMBtu for Units 1–3 and 0.015  lb/MMBtu for Units 4 and 5. These emissions limits are achievable by installing and operating any of several  equivalent controls on Units 1–3, and through proper operation of the existing baghouse on Units 4 and 5. EPA  is proposing to require FCPP to meet a 10% opacity limit on Units 1– 5 to ensure proper operation of the PM controls. EPA is requesting comment on whether APS can satisfy BART on Units 1–3 by operating the existing  venturi scrubbers to meet an emission limit of 0.03 lb/MMBtu with a 20% opacity limit. EPA is also proposing to  require FCPP to comply with a 20% opacity  limit on its coal and material handling operations.

Notices

  • Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery  and Reinvestment Act of 2009 (ARRA) to the City of Lowell, MA. [FRL–9214–6] .  SUMMARY: The EPA is hereby granting a waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the City of Lowell, Massachusetts (‘‘City’’) for the purchase of a foreign manufactured heat recovery ventilator for the Lowell Wastewater Treatment Facility and Warren Street  Combined Sewer Overflow (CSO) Diversion Station Improvements Project. This is a project specific waiver and  only applies to the use of the specified product for the ARRA project being proposed. Any other ARRA recipient  that wishes to use the same product must apply for a separate waiver based on project specific circumstances.  Based upon information submitted by the City and its consulting engineer, it has been determined that there are  currently no domestically manufactured heat recovery ventilators available to meet its proposed project and  performance specifications. The Regional Administrator is making this determination based on the review and recommendations of the Municipal Assistance Unit. The Assistant Administrator of the Office of Administration  and Resources Management has concurred on this decision to make an exception to Section 1605 of ARRA. This  action permits the purchase of a foreign manufactured heat recovery ventilator by the City, as specified in its  July 14, 2010 request.

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