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 jstallworth on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 15:10 May 09, 2017 Jkt 241001 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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: E:\FR\FM\10MYP1.SGM 10MYP1 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? jstallworth on DSK7TPTVN1PROD with PROPOSALS visibility protection provisions of the CAA and the Regional Haze Rule.2 VerDate Sep<11>2014 15:10 May 09, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 E:\FR\FM\10MYP1.SGM 10MYP1 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules jstallworth on DSK7TPTVN1PROD with PROPOSALS 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 VerDate Sep<11>2014 17:31 May 09, 2017 Jkt 241001 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: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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 E:\FR\FM\10MYP1.SGM 10MYP1

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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.