Other Agencies and Organizations, Environmental Protection Agency

 

OTHER AGENCIES AND ORGANIZATIONS

Environmental Protection Agency

Port Everglades Next Generation Clean Energy Center Air Permit PSD-EPA-R4010

*** PUBLIC NOTICE ***

U.S. Environmental Protection Agency

Port Everglades Next Generation Clean Energy Center Air Permit PSD-EPA-R4010

For Florida Power & Light Company

Public Comment Period: May 31, 2013 to July 2, 2013

The United States Environmental Protection Agency (EPA) is seeking public comment on a draft Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) Greenhouse Gas (GHG) air permit for Port Everglades Next Generation Clean Energy Center (Port Everglades), 8100 Eisenhower Boulevard, Fort Lauderdale, FL 33316. The draft permit will regulate GHG emissions from the new combined cycle units at the existing Port Everglades plant.

EPA Region 4 is the agency responsible for implementing and enforcing CAA requirements for GHG sources in Florida. Pursuant to the air quality regulations applicable to GHG sources set forth in Title 40, Code of Federal Regulations (CFR), Part 52, a GHG source is required to obtain an air quality permit before beginning construction. The EPA has completed review of FPL’s air permit application and supplemental material and is soliciting comments on the Agency’s proposal to issue Permit No. PSD-EPA-R4010 to FPL for their project subject to the terms and conditions described in the permit.

EPA has prepared a draft permit for public comment, as well as a preliminary determination/statement of basis document that explains the basis of the permit conditions. These documents are available on EPA Region 4’s website at: http://www.epa.gov/region4/air/permits/ghgpermits/ghgpermits.html. To request a copy of these documents or to be added to EPA’s Port Everglades permit mailing list, please contact: Ms. Rosa Yarbrough, Permit Support Specialist at: [phone], or [e-mail]. For questions on the draft permit, please contact: Mr. Andrew Parks at [phone] or [e-mail]. Send comments on the draft permit and requests for a public hearing to: Andrew Parks, EPA Region 4, APTMD, 61 Forsyth Street, SW, Atlanta, GA 30303; fax: [phone]; email: [e-mail], or submit comments electronically via www.regulations.gov, which can be accessed through the EPA Region 4 website listed above.

Public Comments must be received by email, submitted electronically via www.regulations.gov, or postmarked by July 2, 2013. Public Hearing requests must be received by EPA by email or mail by June 17, 2013.

Project Emissions: The net emissions increase in GHG emission is 1,932,047 tons per year (TPY) of CO2e. The maximum potential annual emissions from Port Everglades is 4,478,017 TPY of CO2e. Port Everglades is an existing major source and this project is triggering PSD review because emissions of GHGs exceed the subject to regulation applicability threshold of 75,000 TPY of carbon dioxide equivalent (CO2e) and the PSD significant emission rate of 0 TPY of GHG emissions on a mass basis. Hence, FPL is required to apply Best Available Control Technology for GHGs. The project will also result in emissions increases and decreases of other regulated air pollutants. However, these emissions are subject to a separate preconstruction permitting action under the jurisdiction of the Florida Department of Environmental Protection.

Other Terms and Conditions: The National Oceanic and Atmospheric Administration (NOAA) Fisheries Service is currently reviewing the proposed project consistent with Section 7 of the Endangered Species Act. This process is expected to conclude in early fall 2013. While it is possible that this process may result in terms or conditions in the permit focused on limiting impacts to certain wildlife, these terms or conditions are not anticipated to have air emission impacts.

Public Comments: Any interested person may submit written comments on the draft permit during the public comment period. If you believe any condition of the permit is inconsistent with applicable requirements, you must raise all reasonably ascertainable issues and submit all reasonably available arguments supporting your position by the end of the comment period. Any documents supporting your comments must be included in full and may not be incorporated by reference unless they are already part of the record for this permit or consist of state or federal statutes or regulations, EPA documents of general applicability, or other generally available reference materials. Comments should focus on the draft permit and the permit terms as they relate to GHG emissions.

All comments on the draft permit must be received by email, submitted electronically via www.regulations.gov, which can be accessed through the EPA Region 4 website listed above, or postmarked by July 2, 2013. An extension of the 30-day comment period may be granted if the request for an extension adequately demonstrates why additional time is required to prepare comments. Comments must be sent or delivered in writing to the address above. All comments will be included in the public docket without change and will be made available to the public, including any personal information provided, unless the comment includes Confidential Business Information or other information whose disclosure is restricted by statute. Information that you consider Confidential Business Information or otherwise protected should be clearly identified as such and should not be submitted through email. If you send email directly to EPA, your email address will be captured automatically and included as part of the public comment. Please note that an email or postal address must be provided with your comments if you wish to receive direct notification of EPA’s final decision regarding the permit and responses to comments submitted during the public comment period.

All timely comments will be considered in making the final decision, included in the record, and responded to by EPA. Similar comments may be grouped together in our response, and EPA will not respond to individual commenters directly.             

Public Hearing: EPA will hold a public hearing if the Agency determines that there is a significant degree of public interest in the draft permit. Requests for a public hearing must be received by EPA by e-mail or mail by June 17, 2013, and state the nature of the issues proposed to be raised in the hearing. You may submit oral or written comments on the draft permit at the public hearing. If EPA determines that there is significant public interest, a public hearing will be held on July 2, 2013, from 4:00 p.m. to 7:00 p.m., at the following location: Broward County Library, 100 South Andrews Avenue, Fort Lauderdale, FL 33301, [phone]. If no timely request for a public hearing is received or EPA determines that there is not significant interest, the hearing will be cancelled. An announcement of cancellation will be posted on EPA’s website at:

http://www.epa.gov/region4/air/permits/ghgpermits/ghgpermits.html or you may call EPA at the contact number above to determine if the public hearing has been cancelled.

Permit Documents: EPA’s draft permit and preliminary determination/statement of basis, FPL’s application and supporting documentation/data, and comments received from the public, other government agencies, and the applicant during the public comment period become part of the administrative record for the permit. All data submitted by the applicant is available as part of the administrative record. The administrative record is available to the public and is available at the following website:

http://www.epa.gov/region4/air/permits/ghgppermits/ghgpermits.html. The administrative record is also available at the EPA Region 4 office (please call in advance for available viewing times): 61 Forsyth Street, SW, Atlanta, GA 30303, Phone: [phone] or the Broward County Library: Broward County Library, 100 South Andrews Avenue, Fort Lauderdale, FL 33301, [phone]

Final Determination: A final decision to issue a permit, or to deny the application for the permit, shall be made after all comments have been considered. Notice of the final decision shall be sent to each person who has submitted written comments or requested notice of the final permit decision, provided EPA has adequate contact information.