Approval and Revision of Air Quality Implementation Plans; State of New York; Regional Haze State and Federal Implementation Plans, 21749-21751 [2017-09384]
Download as PDF
Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules
Dated: April 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017–09383 Filed 5–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0707; FRL–9962–08–
Region 5]
Air Plan Approval; Indiana;
Commissioner’s Order for Carmeuse
Lime, Inc.
FOR FURTHER INFORMATION CONTACT:
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve,
as a revision to the Indiana State
Implementation Plan (SIP), a submittal
from the Indiana Department of
Environmental Management (IDEM) to
EPA, dated December 22, 2016. The
submittal consists of an order issued by
the Commissioner of IDEM that
establishes permanent and enforceable
sulfur dioxide (SO2) emission limits for
Carmeuse Lime, Inc. (Carmeuse),
applicable to its Gary, Indiana lime
manufacturing plant. IDEM submitted
this order so the area near Carmeuse can
be designated ‘‘attainment’’ of the 2010
primary SO2 National Ambient Air
Quality Standards, a matter that will be
addressed in a separate future
rulemaking. EPA’s approval of this
order would make these SO2 emission
limits and applicable reporting,
recordkeeping, and compliance
demonstration requirements part of the
federally enforceable Indiana SIP.
DATES: Comments must be received on
or before June 9, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0707 at https://
www.regulations.gov or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, 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
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SUMMARY:
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official comment and should include
discussion of all points you wish to
make. 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, please contact the person
identified in the ‘‘For Further
Information Contact’’ section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Joseph Ko, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7947,
ko.joseph@epa.gov.
In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
SUPPLEMENTARY INFORMATION:
Dated: April 21, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017–09381 Filed 5–9–17; 8:45 am]
BILLING CODE 6560–50–P
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21749
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2017–0013; FRL–9960–68–
Region 2]
Approval and Revision of Air Quality
Implementation Plans; State of New
York; Regional Haze State and Federal
Implementation Plans
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve a
source-specific revision to the New York
State Implementation Plan (SIP). This
revision consists of a Best Available
Retrofit Technology (BART)
determination for the Danskammer
Generating Station Unit 4. The SIP
revision establishes emission limits for
sulfur dioxide, oxides of nitrogen, and
particulate matter that are identical to
those set by the EPA’s Federal
Implementation Plan (FIP) for
Danskammer Unit 4, which was
promulgated in an action taken on
August 28, 2012. The SIP revision also
restricts Danskammer Unit 4 to
combusting only natural gas. The EPA
proposes to find that the SIP revision
fulfills the requirements of the Clean Air
Act and the EPA’s Regional Haze Rule
for BART at Danskammer Unit 4. In
conjunction with this proposed
approval, we propose to withdraw those
portions of the FIP that address BART
for Danskammer Unit 4.
DATES: Comments must be received on
or before June 9, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
OAR–2017–0013 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from 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
SUMMARY:
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21750
Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Edward J. Linky, Environmental
Protection Agency, Air Programs
Branch, 290 Broadway, New York, New
York 1007–1866 at 212–637–3764 or by
email at Linky.Edward@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is the EPA proposing?
II. What is the background information for
this proposal?
A. SIP and FIP Background
B. Regional Haze Background
C. EPA Action on New York’s Regional
Haze Submittals
III. What is included in the NYSDEC SIP
proposal?
IV. What is the EPA’s analysis of NYSDEC’s
submittal?
V. Statutory and Executive Order Reviews
Throughout this document whenever
‘‘Agency,’’ ‘‘we,’’ ‘‘us,’’ or ’’our’’ is used,
we mean the EPA.
I. What action is the EPA proposing?
The EPA is proposing to approve a
source-specific State Implementation
Plan (SIP) revision for Unit 4 at the
Danskammer Generating Station
submitted by the New York State
Department of Environmental
Conservation (NYSDEC) on August 10,
2015, and supplemented by NYSDEC on
August 5, 2016.1 Specifically, the EPA
is proposing to approve emission limits
for sulfur dioxide (SO2), oxides of
nitrogen (NOX), and particulate matter
(PM) for Unit 4 at the Danskammer
Generating Station that are equivalent to
the emission limits established by the
EPA’s Federal Implementation Plan
(FIP) that was promulgated on August
28, 2012 (77 FR 51915, 51928). The EPA
is also proposing to approve a condition
in the SIP revision that restricts
Danskammer Unit 4 to combusting only
natural gas.
A. SIP and FIP Background
The CAA requires each state to
develop plans to meet various air
quality requirements, including
protection of visibility. (CAA sections
110(a), 169A, and 169B). The plans
developed by a state are referred to as
SIPs. A state must submit its SIPs and
SIP revisions to EPA for approval. Once
approved, a SIP is federally enforceable,
that is enforceable by the EPA and
subject to citizen suits under the CAA.
If a state fails to make a required SIP
submittal or if we find that a state’s
required submittal is incomplete or
unapprovable, then EPA must
promulgate a FIP to fill this regulatory
gap. (CAA section 110(c)(1)).
B. Regional Haze Background
In the 1977 Amendments to the CAA,
Congress initiated a program for
protecting visibility in the nation’s
national parks and wilderness areas.
Section 169A(a)(1) 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.’’ In 1990,
Congress added section 169B to the
CAA to address regional haze issues. On
July 1, 1999, the EPA promulgated the
Regional Haze Rule (RHR) (64 FR
35714). The requirement to submit a
Regional Haze SIP applies to New York
and all 50 states, the District of
Columbia, and the Virgin Islands. 40
CFR 51.308(b) of the RHR required
states to submit the first implementation
plan addressing regional haze visibility
impairment no later than December 17,
2007.
This section provides a brief overview
of the requirements of the Clean Air Act
(CAA) and Regional Haze Rule that
apply to this particular action. Please
refer to our previous rulemakings on the
New York Regional Haze SIP for
additional background regarding the
C. EPA Action on New York’s Regional
Haze Submittals
The EPA’s final action on New York’s
Regional Haze SIP included approving
17 source-specific SIP revisions
containing permits for Best Available
Retrofit Technology (BART) and
promulgating a FIP to address two
sources where EPA disapproved New
York’s BART determinations—Roseton
Generating Station (Units 1 and 2) and
the Danskammer Generating Station
(Unit 4). 77 FR 51915 (August 28, 2012).
On August 10, 2015, NYSDEC
submitted a request for a source-specific
SIP revision for Danskammer Unit 4
which would replace the EPA’s FIP. In
1 NYSDEC’s August 10, 2015, submittal also
included SIP revisions for LaFarge Building
Materials and Rockville Centre Power Plant which
we intend to act on separately.
2 77 FR 24794 (April 25, 2012) (proposed rule); 77
FR 27162 (May 9, 2012) (Notice of Data
Availability); 77 FR 51915 (Aug. 28, 2012) (final
rule).
II. What is the background information
for this proposal?
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visibility protection provisions of the
CAA and the Regional Haze Rule.2
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this action, the EPA proposes to approve
the SIP revision and remove
Danskammer Unit 4 from the FIP, but
this action does not address the Roseton
Generating Station still covered by the
EPA’s FIP.
III. What is included in the NYSDEC
SIP submittal?
On August 10, 2015, NYSDEC
submitted a request for a source-specific
SIP revision for Danskammer Unit 4,
which would replace the BART
emission limits and related
requirements in the EPA’s FIP that were
promulgated in the Federal Register on
August 28, 2012 (77 FR 51915). This SIP
revision contained Danskammer Unit
4’s Title V permit conditions 61–64.
In a letter to NYSDEC dated July 14,
2016, the EPA requested that NYSDEC
supplement its August 10, 2015 SIP
submittal. Specifically, the EPA
requested that NYSDEC submit
Danskammer Unit 4’s Title V permit
condition 55.6 (at pages 48 and 49 of the
permit), which restricts Unit 4 to
combusting only natural gas. The EPA
also requested that NYSDEC submit a
copy of the April 1, 2015 public notice
as published in NYSDEC’s
Environmental Notice Bulletin (ENB).
In a letter dated August 5, 2016,
NYSDEC submitted to the EPA (1)
permit condition 55.6 (pages 48 and 49)
of Dankskammer Unit 4’s Title V permit
that was renewed on February 24, 2015,
which permits Unit 4 to combust
natural gas only and (2) a copy of
NYSDEC’s April 1, 2015 ENB that
noticed the proposed Danskammer SIP
revision.
IV. What is the EPA’s analysis of
NYSDEC’s submittal?
In its submittal, NYSDEC includes
BART emission limits for Danskammer
Unit 4 that are identical to those
contained in the EPA’s FIP: 0.12 pounds
NOX per million Btu (lb/MMBtu)
calculated on a 24-hour average during
the ozone season and on a 30-day
average during the rest of the year; 0.09
lb SO2/MMBtu calculated on a 24-hour
average; and 0.06 lb PM/MMBtu
calculated on a 1-hour average. NYSDEC
also includes a condition that restricts
Danskammer Unit 4 to combusting only
natural gas.
The EPA is proposing to approve
NYSDEC’s SIP submittal because it is
more stringent than the EPA’s FIP. The
SIP submittal includes BART emission
limits for SO2, NOX, and PM and related
administrative requirements (i.e.,
monitoring, recordkeeping and
reporting requirements) that are
identical to those in the EPA’s FIP.
Moreover, the SIP submittal includes a
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Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules
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condition that restricts Dankskammer
Unit 4 to combusting only natural gas,
which will have the effect of further
reducing visibility-impairing emissions,
particularly SO2 and PM. Consequently,
the EPA proposes to withdraw those
portions of the FIP that address BART
for Danskammer Unit 4. The EPA will
fully consider all significant comments
on these proposed actions.
VI. Statutory and Executive Order
Reviews
In reviewing NYSDEC’s SIP submittal,
the EPA’s role is to approve state
choices if they meet the requirements 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 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 (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).
This action does not have tribal
implications as specified by Executive
Order 13175. The SIP revision
submitted by NYSDEC is not approved
to apply on any Indian reservation land
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or in any other areas where the EPA or
Tribal Nation has demonstrated that a
Nation has jurisdiction. Thus Executive
Order 13175 does not apply to this
proposed rule.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 10, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017–09384 Filed 5–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0213; FRL–9961–91Region 4]
Air Plan Approval; Kentucky;
Infrastructure Requirements for the
2012 PM2.5 National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of the State Implementation
Plan (SIP) submission, submitted by the
Commonwealth of Kentucky, Energy
and Environment Cabinet, Department
for Environmental Protection, through
the Kentucky Division for Air Quality
(KDAQ), on February 8, 2016, to
demonstrate that the Commonwealth
meets the infrastructure requirements of
the Clean Air Act (CAA or Act) for the
2012 Annual Particulate Matter (PM2.5)
national ambient air quality standard
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. KDAQ certified
that the Kentucky SIP contains
provisions that ensure the 2012 Annual
PM2.5 NAAQS is implemented,
enforced, and maintained in Kentucky.
EPA is proposing to determine that
Kentucky’s infrastructure submission,
submitted on February 8, 2016,
addresses certain infrastructure
elements for the 2012 Annual PM2.5
NAAQS.
SUMMARY:
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21751
Written comments must be
received on or before June 9, 2017.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0213 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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. 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://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
can be reached via electronic mail at
bell.tiereny@epa.gov or the telephone
number (404) 562–9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012 (78 FR 3086,
January 15, 2013), EPA promulgated a
revised primary annual PM2.5 NAAQS.
The standard was strengthened from
15.0 micrograms per cubic meter (mg/
m3) to 12.0 mg/m3. Pursuant to section
110(a)(1) of the CAA, states are required
to submit SIPs meeting the applicable
requirements of section 110(a)(2) within
three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(2) requires states to
address basic SIP elements such as
requirements for monitoring, basic
program requirements and legal
authority that are designed to assure
attainment and maintenance of the
NAAQS. States were required to submit
such SIPs for the 2012 Annual PM2.5
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Agencies
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Proposed Rules]
[Pages 21749-21751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09384]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2017-0013; FRL-9960-68-Region 2]
Approval and Revision of Air Quality Implementation Plans; State
of New York; Regional Haze State and Federal Implementation Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
a source-specific revision to the New York State Implementation Plan
(SIP). This revision consists of a Best Available Retrofit Technology
(BART) determination for the Danskammer Generating Station Unit 4. The
SIP revision establishes emission limits for sulfur dioxide, oxides of
nitrogen, and particulate matter that are identical to those set by the
EPA's Federal Implementation Plan (FIP) for Danskammer Unit 4, which
was promulgated in an action taken on August 28, 2012. The SIP revision
also restricts Danskammer Unit 4 to combusting only natural gas. The
EPA proposes to find that the SIP revision fulfills the requirements of
the Clean Air Act and the EPA's Regional Haze Rule for BART at
Danskammer Unit 4. In conjunction with this proposed approval, we
propose to withdraw those portions of the FIP that address BART for
Danskammer Unit 4.
DATES: Comments must be received on or before June 9, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2017-0013 to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from 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
[[Page 21750]]
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental
Protection Agency, Air Programs Branch, 290 Broadway, New York, New
York 1007-1866 at 212-637-3764 or by email at Linky.Edward@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is the EPA proposing?
II. What is the background information for this proposal?
A. SIP and FIP Background
B. Regional Haze Background
C. EPA Action on New York's Regional Haze Submittals
III. What is included in the NYSDEC SIP proposal?
IV. What is the EPA's analysis of NYSDEC's submittal?
V. Statutory and Executive Order Reviews
Throughout this document whenever ``Agency,'' ``we,'' ``us,'' or
''our'' is used, we mean the EPA.
I. What action is the EPA proposing?
The EPA is proposing to approve a source-specific State
Implementation Plan (SIP) revision for Unit 4 at the Danskammer
Generating Station submitted by the New York State Department of
Environmental Conservation (NYSDEC) on August 10, 2015, and
supplemented by NYSDEC on August 5, 2016.\1\ Specifically, the EPA is
proposing to approve emission limits for sulfur dioxide
(SO2), oxides of nitrogen (NOX), and particulate
matter (PM) for Unit 4 at the Danskammer Generating Station that are
equivalent to the emission limits established by the EPA's Federal
Implementation Plan (FIP) that was promulgated on August 28, 2012 (77
FR 51915, 51928). The EPA is also proposing to approve a condition in
the SIP revision that restricts Danskammer Unit 4 to combusting only
natural gas.
---------------------------------------------------------------------------
\1\ NYSDEC's August 10, 2015, submittal also included SIP
revisions for LaFarge Building Materials and Rockville Centre Power
Plant which we intend to act on separately.
---------------------------------------------------------------------------
II. What is the background information for this proposal?
This section provides a brief overview of the requirements of the
Clean Air Act (CAA) and Regional Haze Rule that apply to this
particular action. Please refer to our previous rulemakings on the New
York Regional Haze SIP for additional background regarding the
visibility protection provisions of the CAA and the Regional Haze
Rule.\2\
---------------------------------------------------------------------------
\2\ 77 FR 24794 (April 25, 2012) (proposed rule); 77 FR 27162
(May 9, 2012) (Notice of Data Availability); 77 FR 51915 (Aug. 28,
2012) (final rule).
---------------------------------------------------------------------------
A. SIP and FIP Background
The CAA requires each state to develop plans to meet various air
quality requirements, including protection of visibility. (CAA sections
110(a), 169A, and 169B). The plans developed by a state are referred to
as SIPs. A state must submit its SIPs and SIP revisions to EPA for
approval. Once approved, a SIP is federally enforceable, that is
enforceable by the EPA and subject to citizen suits under the CAA. If a
state fails to make a required SIP submittal or if we find that a
state's required submittal is incomplete or unapprovable, then EPA must
promulgate a FIP to fill this regulatory gap. (CAA section 110(c)(1)).
B. Regional Haze Background
In the 1977 Amendments to the CAA, Congress initiated a program for
protecting visibility in the nation's national parks and wilderness
areas. Section 169A(a)(1) 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.'' In 1990, Congress
added section 169B to the CAA to address regional haze issues. On July
1, 1999, the EPA promulgated the Regional Haze Rule (RHR) (64 FR
35714). The requirement to submit a Regional Haze SIP applies to New
York and all 50 states, the District of Columbia, and the Virgin
Islands. 40 CFR 51.308(b) of the RHR required states to submit the
first implementation plan addressing regional haze visibility
impairment no later than December 17, 2007.
C. EPA Action on New York's Regional Haze Submittals
The EPA's final action on New York's Regional Haze SIP included
approving 17 source-specific SIP revisions containing permits for Best
Available Retrofit Technology (BART) and promulgating a FIP to address
two sources where EPA disapproved New York's BART determinations--
Roseton Generating Station (Units 1 and 2) and the Danskammer
Generating Station (Unit 4). 77 FR 51915 (August 28, 2012).
On August 10, 2015, NYSDEC submitted a request for a source-
specific SIP revision for Danskammer Unit 4 which would replace the
EPA's FIP. In this action, the EPA proposes to approve the SIP revision
and remove Danskammer Unit 4 from the FIP, but this action does not
address the Roseton Generating Station still covered by the EPA's FIP.
III. What is included in the NYSDEC SIP submittal?
On August 10, 2015, NYSDEC submitted a request for a source-
specific SIP revision for Danskammer Unit 4, which would replace the
BART emission limits and related requirements in the EPA's FIP that
were promulgated in the Federal Register on August 28, 2012 (77 FR
51915). This SIP revision contained Danskammer Unit 4's Title V permit
conditions 61-64.
In a letter to NYSDEC dated July 14, 2016, the EPA requested that
NYSDEC supplement its August 10, 2015 SIP submittal. Specifically, the
EPA requested that NYSDEC submit Danskammer Unit 4's Title V permit
condition 55.6 (at pages 48 and 49 of the permit), which restricts Unit
4 to combusting only natural gas. The EPA also requested that NYSDEC
submit a copy of the April 1, 2015 public notice as published in
NYSDEC's Environmental Notice Bulletin (ENB).
In a letter dated August 5, 2016, NYSDEC submitted to the EPA (1)
permit condition 55.6 (pages 48 and 49) of Dankskammer Unit 4's Title V
permit that was renewed on February 24, 2015, which permits Unit 4 to
combust natural gas only and (2) a copy of NYSDEC's April 1, 2015 ENB
that noticed the proposed Danskammer SIP revision.
IV. What is the EPA's analysis of NYSDEC's submittal?
In its submittal, NYSDEC includes BART emission limits for
Danskammer Unit 4 that are identical to those contained in the EPA's
FIP: 0.12 pounds NOX per million Btu (lb/MMBtu) calculated
on a 24-hour average during the ozone season and on a 30-day average
during the rest of the year; 0.09 lb SO2/MMBtu calculated on
a 24-hour average; and 0.06 lb PM/MMBtu calculated on a 1-hour average.
NYSDEC also includes a condition that restricts Danskammer Unit 4 to
combusting only natural gas.
The EPA is proposing to approve NYSDEC's SIP submittal because it
is more stringent than the EPA's FIP. The SIP submittal includes BART
emission limits for SO2, NOX, and PM and related
administrative requirements (i.e., monitoring, recordkeeping and
reporting requirements) that are identical to those in the EPA's FIP.
Moreover, the SIP submittal includes a
[[Page 21751]]
condition that restricts Dankskammer Unit 4 to combusting only natural
gas, which will have the effect of further reducing visibility-
impairing emissions, particularly SO2 and PM. Consequently,
the EPA proposes to withdraw those portions of the FIP that address
BART for Danskammer Unit 4. The EPA will fully consider all significant
comments on these proposed actions.
VI. Statutory and Executive Order Reviews
In reviewing NYSDEC's SIP submittal, the EPA's role is to approve
state choices if they meet the requirements 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 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 (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).
This action does not have tribal implications as specified by
Executive Order 13175. The SIP revision submitted by NYSDEC is not
approved to apply on any Indian reservation land or in any other areas
where the EPA or Tribal Nation has demonstrated that a Nation has
jurisdiction. Thus Executive Order 13175 does not apply to this
proposed rule.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 10, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-09384 Filed 5-9-17; 8:45 am]
BILLING CODE 6560-50-P