Approval and Promulgation of Implementation Plans; New York; Regional Haze Five-Year Progress Report State Implementation Plan, 35738-35741 [2017-15991]

Download as PDF 35738 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules Nitrogen oxides, Particulate matter, Regional haze, Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: July 10, 2017. Walter Mugdan, Acting Regional Administrator, Region 2. [FR Doc. 2017–15997 Filed 7–31–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2015–0498; FRL–9965–47– Region 2] Approval and Promulgation of Implementation Plans; New York; Regional Haze Five-Year Progress Report State Implementation Plan Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve New York State’s regional haze progress report, submitted on June 16, 2015, as a revision to its State Implementation Plan (SIP). New York’s SIP revision addresses requirements of the Clean Air Act and its implementing regulations that the State submit periodic reports describing progress toward reasonable progress goals established for regional haze and a determination of the adequacy of the State’s existing regional haze SIP. New York’s progress report notes that New York has implemented the measures in the regional haze SIP due to be in place by the date of the progress report and that visibility in federal Class I areas affected by emissions from New York State is improving and has already met the applicable reasonable progress goals for 2018. The EPA is proposing approval of New York’s determination that the State’s regional haze SIP is adequate to meet these reasonable progress goals for the first implementation period, which extends through 2018, and requires no substantive revision at this time. DATES: Comments must be received on or before August 31, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R02– OAR–2015–0498 to the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The Environmental Protection Agency (EPA) may publish any comment received to its public docket. Do not submit mstockstill on DSK30JT082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:34 Jul 31, 2017 Jkt 241001 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 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: Robert F. Kelly, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007–1866, (212) 637–4249, or by email at kelly.bob@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. EPA’s Evaluation of New York’s SIP Revision A. Regional Haze Progress Report B. Determination of Adequacy of Existing Regional Haze Plan III. Proposed Action IV. Statutory and Executive Order Reviews I. Background States are required to submit a progress report in the form of a SIP revision that evaluates progress towards the reasonable progress goals (RPGs) for each mandatory Class I federal area 1 (Class I area) within the state and in each Class I area outside the state which may be affected by emissions from within the state. 40 CFR 51.308(g). In addition, the provisions of 40 CFR 51.308(h) require states to submit, at the same time as the 40 CFR 51.308(g) progress report, a determination of the adequacy of the state’s existing regional haze SIP. The progress report SIP for the first planning period is due five years after submittal of the initial regional haze SIP. On March 15, 2010, New York submitted the State’s first regional haze SIP in accordance with 40 CFR 51.308.2 1 Areas designated as mandatory Class I federal areas consist of national parks exceeding 6,000 acres, wilderness areas and national memorial parks exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). Listed at 40 CFR part 81, subpart D. 2 On August 28, 2012, at 77 FR 51915, EPA approved New York’s regional haze SIP submittal addressing the requirements of the first implementation period for regional haze. The EPA PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 On June 16, 2015, New York submitted, as a revision to its SIP, its progress report which detailed the progress made in the first planning period toward implementation of the Long Term Strategy (LTS) outlined in the 2010 regional haze SIP submittal, the visibility improvement measured at Class I areas affected by emissions from New York State, and a determination of the adequacy of the State’s existing regional haze SIP. The EPA is proposing to approve New York’s June 16, 2015 SIP submittal. II. EPA’s Evaluation of New York’s SIP Revision New York’s report on progress made in the first implementation period toward reasonable progress goals for Class I areas affected by emissions from sources in New York (also known as a regional haze five-year progress report or progress report) was submitted to the EPA as a SIP revision. This progress report SIP submittal also included a determination that the State’s existing regional haze SIP requires no substantive revision to achieve the established regional haze visibility improvement and emissions reduction goals for 2018. New York State, in section 1.4 of its 2010 regional haze SIP submittal, used data from the report in Appendix A of its plan Contributions to Regional Haze in the Northeast and Mid-Atlantic United States, to determine that emissions from sources in New York State contribute to visibility impairment in the following Class I areas: Acadia National Park, Maine, Brigantine Wildlife Refuge, New Jersey, Great Gulf Wilderness Area, New Hampshire, Lye Brook Wilderness Area, Vermont, Moosehorn National Wildlife Refuge, Maine, Presidential Range-Dry River Wilderness Area, New Hampshire, and Roosevelt-Campobello International Park, Maine/Canada. See 77 FR 24794, 24799 (April 25, 2012). There are no Class I areas in New York. Through the consultation process, New York agreed to reduce emissions by at least the amount obtained by the measures in the coordinated course of action agreed to by the Mid-Atlantic/ Northeast Visibility Union (MANE– VU) 3 to assure reasonable progress promulgated a Federal Implementation Plan for Best Available Retrofit Technology (BART) for two sources where the EPA disapproved New York’s BART determinations. 3 MANE–VU is a collaborative effort of State governments, Tribal governments, and various federal agencies established to initiate and coordinate activities associated with the management of regional haze, visibility and other air quality issues in the Northeastern United States. Member State and Tribal governments include: Connecticut, Delaware, the District of Columbia, E:\FR\FM\01AUP1.SGM 01AUP1 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules toward preventing any future, and remedying any existing, impairment of visibility in the mandatory Class I areas within the MANE–VU region. These strategies are commonly referred to as the MANE–VU ‘‘ask.’’ The MANE–VU ‘‘ask’’ includes: A timely implementation of best available retrofit technology (BART) requirements, 90 percent or more reduction in sulfur dioxide (SO2) at 167 electric generating units (EGUs) ‘‘stacks’’ identified by MANE–VU (or comparable alternative measures), lower sulfur fuel oil (with limits specified for each state) and continued evaluation of other control measures.4 In summary, New York is on track to fulfill the MANE–VU ‘‘ask’’ by meeting the deadlines for BART requirements, as of the date of the progress report, for all BART-eligible facilities as described in section 4 of New York’s progress report, instituting 90 percent or more control at New York’s share of the 167 EGUs identified by MANE–VU (Table 4.3 in the progress report), and adoption of the lower limits for sulfur in fuel oil. A. Regional Haze Progress Report This section includes the EPA’s analysis of New York’s progress report SIP submittal, and an explanation of the basis of our proposed approval. New York’s 2010 regional haze SIP 5 included the following key measures: Control measures for the State’s subjectto-BART sources, control measures for EGU stacks, and low sulfur fuel oil. New York has eleven of the 167 EGU stacks identified for control of SO2 emissions in the MANE–VU ‘‘ask.’’ Overall, New York’s EGU stacks, as of the 2013 emission inventory, have reduced emissions by 97 percent, exceeding the MANE–VU ‘‘ask.’’ Between the New York State regional haze SIP and EPA’s BART FIP, New York has BART determinations for fifteen sources. As documented in Table 3.1 of New York’s progress report, these sources are implementing BART controls, or have been shut down. New York has also adopted a State law reducing the sulfur content of fuel oil. The EPA, in approving New York regional haze SIP, approved the inclusion of the State sulfur in fuel law as a measure in New York’s SIP. The EPA proposes to find that New York’s analysis in its regional haze progress report SIP adequately addresses the applicable provisions under 40 CFR 51.308(g), as the State demonstrated the implementation of measures within New York, including applying BART at eligible sources. During the development of the regional haze SIP for the first planning period, MANE–VU and New York determined that SO2 was the greatest contributor to anthropogenic visibility impairment at Class I areas. Therefore, the bulk of visibility improvement achieved in the first planning period was expected to result from reductions in SO2 emissions from sources inside and outside of the State. Section 6 of New York’s progress report shows the calculated reductions of SO2 and other pollutants from 2002 though 2011. Section 7 of New York’s progress report details the SO2 emission reductions projected for 2018, compared with the 2011 emissions inventory. Pollutants that affect visibility, SO2, nitrogen dioxide (NO2) and particulate matter (PM), have been reduced substantially from 2002, and all except NO2 already have lower emissions than projected for 2018. NO2 emissions, having been reduced from 1,125,263 tons per year in 35739 2002 to 444,048 tons per year in 2011, are well on their way to achieving the 2018 projection of 323,203 tons per year (see Tables 7.4, 7.5 and 7.6 in New York’s progress report). The EPA proposes to find New York has adequately addressed the provisions under 40 CFR 51.308(g). New York detailed the SO2 and nitrogen oxides (NOX) reductions from the 2002 regional haze baseline to 2011, the most recently available year of data at the time of the development of New York’s progress report. In addition, New York highlighted SO2 emissions reductions, as the pollutant targeted by MANE–VU states for the most reductions, from all of New York’s EGUs during this same time period. The provisions under 40 CFR 51.308(g) also require that states with Class I areas within their borders provide information on current visibility conditions and the difference between current visibility conditions and baseline visibility conditions expressed in terms of five-year averages of these annual values. New York has no Class I areas, but the Class I areas affected by emissions from New York have current visibility conditions better than baseline conditions, approaching the conditions predicted for 2018. The Interagency Monitoring of Protected Visual Environments monitoring program (IMPROVE) provides data on the air pollutants that constitute regional haze. New York’s progress report includes data from the IMPROVE sites at Class I areas affected by emissions from New York. The table shows the progress from the baseline 2000–2004 five-year average visibility through the most recent 2009–2013 fiveyear average visibility SIP. TABLE 2—OBSERVED VISIBILITY VS. REASONABLE PROGRESS GOALS [All values in deciviews] 2000–2004 5-year average Class I area IMPROVE* site 2009–2013 5-year average Met 2018 progress goal already? 2018 Reasonable progress goal mstockstill on DSK30JT082PROD with PROPOSALS 20% Worst Days Acadia National Park .......................................................................................... Moosehorn Wilderness Area ** .......................................................................... Great Gulf Wilderness Area *** .......................................................................... Lye Brook Wilderness Area ............................................................................... Brigantine Wilderness Area ................................................................................ Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Penobscot Indian Nation, Rhode Island, St. Regis Mohawk Tribe, and Vermont. 4 The MANE–VU ‘‘Ask’’ was structured around the finding that SO2 emissions were the dominate visibility impairing pollutant at the Northeastern VerDate Sep<11>2014 17:34 Jul 31, 2017 Jkt 241001 22.9 21.7 22.8 24.4 29 Class I areas and electrical generating units comprised the largest SO2 emission sector. See ‘‘Regional Haze and Visibility in the Northeast and Mid-Atlantic States,’’ January 31, 2001. 5 On August 28, 2012, (77 FR 51915), EPA finalized a limited approval of New York’s March 15, 2010 SIP to address the first implementation PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 17.9 16.8 16.7 18.8 23.8 Yes Yes Yes Yes Yes .............. .............. .............. .............. .............. 19.4 19.0 19.1 20.9 25.1 period for regional haze. New York supplemented its SIP on August 2, 2010, April 16, 2012 and July 2, 2012. These supplements and a Federal Implementation Plan for two of New York’s BART determinations are part of New York’s plan to be evaluated by New York’s progress report. E:\FR\FM\01AUP1.SGM 01AUP1 35740 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules TABLE 2—OBSERVED VISIBILITY VS. REASONABLE PROGRESS GOALS—Continued [All values in deciviews] 2000–2004 5-year average Class I area IMPROVE* site 2009–2013 5-year average Met 2018 progress goal already? 2018 Reasonable progress goal 20% Best Days Acadia National Park .......................................................................................... Moosehorn Wilderness Area .............................................................................. Great Gulf Wilderness Area ............................................................................... Lye Brook Wilderness Area ............................................................................... Brigantine Wilderness Area ................................................................................ 8.8 9.2 7.7 6.4 14.3 7.0 6.7 5.9 4.9 12.3 Yes Yes Yes Yes Yes .............. .............. .............. .............. .............. 8.8 9.2 7.7 6.4 14.3 mstockstill on DSK30JT082PROD with PROPOSALS * IMPROVE = Interagency Monitoring of Protected Visual Environments program. ** The IMPROVE monitor for Moosehorn Wilderness also represents Roosevelt Campobello International Park. *** The IMPROVE monitor for Great Gulf Wilderness also represents Presidential Range—Dry River Wilderness Area. Data from Tracking Visibility Progress, posted on NESCAUM’s Web site at https://www.nescaum.org/topics/regional-haze/regional-haze-documents, supplemented by data from the IMPROVE network as included in New York’s progress report. The EPA notes the substantial progress, as the Class I areas affected by emissions from New York State have already achieved and surpassed the 2018 RPGs. The EPA proposes to find New York provided the required information regarding visibility conditions to meet the applicable requirements under 40 CFR 51.308(g), specifically providing baseline visibility conditions (2000– 2004), current conditions based on the most recently available IMPROVE monitoring data (2009–2013), and an assessment of the change in visibility impairment at its Class I areas. In its progress report SIP, New York presents data from statewide emissions inventories—New York’s State Periodic Emissions Inventory—developed for the years 2002 and 2011, plus projected inventories for 2018, for SO2, NOX, fine particles with diameters that are generally 2.5 micrometers and smaller (PM2.5) and volatile organic compounds (VOCs). New York’s emissions inventories include the following source classifications: Point, area, on-road mobile, and non-road mobile. The progress report also includes more detailed information on reductions in sulfur oxides (SOX) emissions from EGUs, and PM, NOX and SOX from BART-eligible sources. Overall, New York’s emissions that affect visibility were reduced in all sectors for all pollutants, except for area source NOX emissions, which increased by 15,000 tons per year, compared to the 681,000 ton per year decrease in total NOX emissions in New York State. Compared to the 2002 inventory New York used to model haze, actual emissions in 2011 were reduced by 81 percent for SO2, 61 percent for NOX, and 28 percent for PM. The 2011 emissions from New York are below the projected 2018 emissions for SO2 and PM, and only about one-third more than the NOX VerDate Sep<11>2014 19:43 Jul 31, 2017 Jkt 241001 emissions projected for 2018. Since New York is successfully implementing its emission reductions programs in its regional haze SIP, New York is on track for its emissions in 2018 to be lower than the emissions reductions modeled for 2018 in its 2010 haze SIP. The EPA is proposing to find that New York adequately addressed the provisions of 40 CFR 51.308(g). New York’s progress report compared the most recent updated emission inventory data available at the time of the development of the progress report with the baseline emissions used in the modeling for the regional haze SIP. In its progress report SIP, New York did not find any significant changes in emissions of SOX, NOX and PM2.5 which might have impeded or limited progress during the first planning period. As noted earlier, haze at Class I areas affected by emissions from New York has improved to levels that meet or exceed the RPG. The EPA therefore proposes to approve New York’s SIP submission. In its progress report SIP, New York concludes the elements and strategies relied on in its original regional haze SIP are sufficient to enable New York and neighboring states to meet all established RPGs. As shown in Table 2, visibility on least impaired and most impaired days from 2000 through 2013 has improved at all Class I areas affected by emissions from New York (and all RPGs have already been met). The EPA proposes to agree New York has adequately addressed the provisions for the first planning period progress reports. The EPA views this requirement as an assessment that should evaluate emissions and visibility trends and other readily available information. In its progress report, New York described the improving visibility trends using data from the IMPROVE network and the downward emissions trends in key PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 pollutants in the State and the MANE– VU region. New York determined its regional haze SIP is sufficient to meet the RPGs for the Class I areas impacted by the State’s emissions. New York does not have any Class I areas and is not required to monitor for visibility-impairing pollutants. New York’s visibility monitoring strategy relies upon Class I areas’ participation in the IMPROVE network. The EPA proposes to find New York has adequately addressed the requirements for a monitoring strategy for regional haze and proposes to determine no further modifications to the monitoring strategy are necessary. B. Determination of Adequacy of Existing Regional Haze Plan In its progress report, New York submitted a negative declaration to EPA regarding the need for additional actions or emission reductions in New York beyond those already in place and those to be implemented by 2018 according to New York’s regional haze plan. In the 2015 SIP submittal, New York determined the existing regional haze SIP requires no further substantive revision at this time to achieve the RPGs for Class I areas affected by the State’s sources. The basis for the State’s negative declaration is the finding that visibility has improved at all Class I areas in the MANE–VU region. In addition, SO2 and PM emissions from the latest emission inventory for New York have decreased to levels below the projections for 2018. The EPA proposes to conclude that New York has adequately addressed the provisions under 40 CFR 51.308(h) because visibility and emission trends indicate that Class I areas impacted by New York’s sources are meeting or exceeding the RPGs for 2018, and expect to continue to meet or exceed the RPGs for 2018. E:\FR\FM\01AUP1.SGM 01AUP1 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules III. Proposed Action The EPA is proposing to approve New York State’s regional haze progress report as meeting the requirements of 40 CFR 51.308(g) and (h). mstockstill on DSK30JT082PROD with PROPOSALS IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 they meet the criteria of the Clean Air Act. 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 (Public Law 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 application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide the EPA with the discretionary authority to address, as VerDate Sep<11>2014 17:34 Jul 31, 2017 Jkt 241001 appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175, November 18, 2015, because the SIP is not approved to apply in Indian country located in the state, and the EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Regional haze, Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: July 10, 2017. Walter Mugdan, Acting Regional Administrator, Region 2. [FR Doc. 2017–15991 Filed 7–31–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 35741 For the request for public comment published on June 20, 2017 (82 FR 28041), submit comments by September 11, 2017. DATES: Submit comments identified by DFARS–RRTF–2017–01, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Search for ‘‘DFARS–RRTF–2017–01.’’ Select ‘‘Comment Now’’ and follow the instructions provided to submit a comment. Please include ‘‘DFARS– RRTF–2017–01’’ on any attached documents. • Fax: 571–372–6094. • Mail: Defense Acquisition Regulations System, Attn: DFARS Subgroup RRTF, OUSD(AT&L)DPAP/ DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). ADDRESSES: 48 CFR Part 252 Ms. Jennifer Johnson, telephone 571–372– 6100; or Ms. Carrie Moore, telephone 571–372–6093. [Docket DARS–2017–0001] SUPPLEMENTARY INFORMATION: Defense Federal Acquisition Regulation Supplement: DFARS Subgroup to the DoD Regulatory Reform Task Force, Review of DFARS Solicitation Provisions and Contract Clauses Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Extension of comment period. AGENCY: In accordance with Executive Order 13777, ‘‘Enforcing the Regulatory Reform Agenda,’’ the DFARS Subgroup to the DoD Regulatory Reform Task Force is seeking input on Defense Federal Acquisition Regulation Supplement (DFARS) solicitation provisions and contract clauses that may be appropriate for repeal, replacement, or modification. The comment period is extended three weeks. SUMMARY: PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: On February 24, 2017, the President signed Executive Order (E.O.) 13777, ‘‘Enforcing the Regulatory Reform Agenda,’’ which established a Federal policy ‘‘to alleviate unnecessary regulatory burdens’’ on the American people. Section 3(e) of the E.O. 13777 calls on the Task Force to ‘‘seek input and other assistance, as permitted by law, from entities significantly affected by Federal regulations, including State, local, and tribal governments, small businesses, consumers, nongovernmental organizations, trade associations’’ on regulations. On June 20, 2017, DoD solicited such input from the public to inform evaluation of the DFARS solicitation provisions and contract clauses by the Task Force’s DFARS Subgroup. The comment period is extended three weeks from August 21, 2017, to September 11, 2017, to provide additional time for interested parties to provide input. E:\FR\FM\01AUP1.SGM 01AUP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Proposed Rules]
[Pages 35738-35741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15991]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2015-0498; FRL-9965-47-Region 2]

Approval and Promulgation of Implementation Plans; New York;
Regional Haze Five-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve New York State's regional haze progress report, submitted on
June 16, 2015, as a revision to its State Implementation Plan (SIP).
New York's SIP revision addresses requirements of the Clean Air Act and
its implementing regulations that the State submit periodic reports
describing progress toward reasonable progress goals established for
regional haze and a determination of the adequacy of the State's
existing regional haze SIP. New York's progress report notes that New
York has implemented the measures in the regional haze SIP due to be in
place by the date of the progress report and that visibility in federal
Class I areas affected by emissions from New York State is improving
and has already met the applicable reasonable progress goals for 2018.
The EPA is proposing approval of New York's determination that the
State's regional haze SIP is adequate to meet these reasonable progress
goals for the first implementation period, which extends through 2018,
and requires no substantive revision at this time.

DATES: Comments must be received on or before August 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2015-0498 to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
Environmental Protection Agency (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 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: Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249, or by email at kelly.bob@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. EPA's Evaluation of New York's SIP Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

States are required to submit a progress report in the form of a
SIP revision that evaluates progress towards the reasonable progress
goals (RPGs) for each mandatory Class I federal area \1\ (Class I area)
within the state and in each Class I area outside the state which may
be affected by emissions from within the state. 40 CFR 51.308(g). In
addition, the provisions of 40 CFR 51.308(h) require states to submit,
at the same time as the 40 CFR 51.308(g) progress report, a
determination of the adequacy of the state's existing regional haze
SIP. The progress report SIP for the first planning period is due five
years after submittal of the initial regional haze SIP. On March 15,
2010, New York submitted the State's first regional haze SIP in
accordance with 40 CFR 51.308.\2\
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\1\ Areas designated as mandatory Class I federal areas consist
of national parks exceeding 6,000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
Listed at 40 CFR part 81, subpart D.
\2\ On August 28, 2012, at 77 FR 51915, EPA approved New York's
regional haze SIP submittal addressing the requirements of the first
implementation period for regional haze. The EPA promulgated a
Federal Implementation Plan for Best Available Retrofit Technology
(BART) for two sources where the EPA disapproved New York's BART
determinations.
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On June 16, 2015, New York submitted, as a revision to its SIP, its
progress report which detailed the progress made in the first planning
period toward implementation of the Long Term Strategy (LTS) outlined
in the 2010 regional haze SIP submittal, the visibility improvement
measured at Class I areas affected by emissions from New York State,
and a determination of the adequacy of the State's existing regional
haze SIP. The EPA is proposing to approve New York's June 16, 2015 SIP
submittal.

II. EPA's Evaluation of New York's SIP Revision

New York's report on progress made in the first implementation
period toward reasonable progress goals for Class I areas affected by
emissions from sources in New York (also known as a regional haze five-
year progress report or progress report) was submitted to the EPA as a
SIP revision. This progress report SIP submittal also included a
determination that the State's existing regional haze SIP requires no
substantive revision to achieve the established regional haze
visibility improvement and emissions reduction goals for 2018. New York
State, in section 1.4 of its 2010 regional haze SIP submittal, used
data from the report in Appendix A of its plan Contributions to
Regional Haze in the Northeast and Mid-Atlantic United States, to
determine that emissions from sources in New York State contribute to
visibility impairment in the following Class I areas: Acadia National
Park, Maine, Brigantine Wildlife Refuge, New Jersey, Great Gulf
Wilderness Area, New Hampshire, Lye Brook Wilderness Area, Vermont,
Moosehorn National Wildlife Refuge, Maine, Presidential Range-Dry River
Wilderness Area, New Hampshire, and Roosevelt-Campobello International
Park, Maine/Canada. See 77 FR 24794, 24799 (April 25, 2012). There are
no Class I areas in New York.
Through the consultation process, New York agreed to reduce
emissions by at least the amount obtained by the measures in the
coordinated course of action agreed to by the Mid-Atlantic/Northeast
Visibility Union (MANE-VU) \3\ to assure reasonable progress

[[Page 35739]]

toward preventing any future, and remedying any existing, impairment of
visibility in the mandatory Class I areas within the MANE-VU region.
These strategies are commonly referred to as the MANE-VU ``ask.'' The
MANE-VU ``ask'' includes: A timely implementation of best available
retrofit technology (BART) requirements, 90 percent or more reduction
in sulfur dioxide (SO2) at 167 electric generating units
(EGUs) ``stacks'' identified by MANE-VU (or comparable alternative
measures), lower sulfur fuel oil (with limits specified for each state)
and continued evaluation of other control measures.\4\ In summary, New
York is on track to fulfill the MANE-VU ``ask'' by meeting the
deadlines for BART requirements, as of the date of the progress report,
for all BART-eligible facilities as described in section 4 of New
York's progress report, instituting 90 percent or more control at New
York's share of the 167 EGUs identified by MANE-VU (Table 4.3 in the
progress report), and adoption of the lower limits for sulfur in fuel
oil.
---------------------------------------------------------------------------

\3\ MANE-VU is a collaborative effort of State governments,
Tribal governments, and various federal agencies established to
initiate and coordinate activities associated with the management of
regional haze, visibility and other air quality issues in the
Northeastern United States. Member State and Tribal governments
include: Connecticut, Delaware, the District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Penobscot Indian Nation, Rhode Island, St. Regis
Mohawk Tribe, and Vermont.
\4\ The MANE-VU ``Ask'' was structured around the finding that
SO2 emissions were the dominate visibility impairing
pollutant at the Northeastern Class I areas and electrical
generating units comprised the largest SO2 emission
sector. See ``Regional Haze and Visibility in the Northeast and Mid-
Atlantic States,'' January 31, 2001.
---------------------------------------------------------------------------

A. Regional Haze Progress Report

This section includes the EPA's analysis of New York's progress
report SIP submittal, and an explanation of the basis of our proposed
approval.
New York's 2010 regional haze SIP \5\ included the following key
measures: Control measures for the State's subject-to-BART sources,
control measures for EGU stacks, and low sulfur fuel oil. New York has
eleven of the 167 EGU stacks identified for control of SO2
emissions in the MANE-VU ``ask.'' Overall, New York's EGU stacks, as of
the 2013 emission inventory, have reduced emissions by 97 percent,
exceeding the MANE-VU ``ask.''
---------------------------------------------------------------------------

\5\ On August 28, 2012, (77 FR 51915), EPA finalized a limited
approval of New York's March 15, 2010 SIP to address the first
implementation period for regional haze. New York supplemented its
SIP on August 2, 2010, April 16, 2012 and July 2, 2012. These
supplements and a Federal Implementation Plan for two of New York's
BART determinations are part of New York's plan to be evaluated by
New York's progress report.
---------------------------------------------------------------------------

Between the New York State regional haze SIP and EPA's BART FIP,
New York has BART determinations for fifteen sources. As documented in
Table 3.1 of New York's progress report, these sources are implementing
BART controls, or have been shut down.
New York has also adopted a State law reducing the sulfur content
of fuel oil. The EPA, in approving New York regional haze SIP, approved
the inclusion of the State sulfur in fuel law as a measure in New
York's SIP.
The EPA proposes to find that New York's analysis in its regional
haze progress report SIP adequately addresses the applicable provisions
under 40 CFR 51.308(g), as the State demonstrated the implementation of
measures within New York, including applying BART at eligible sources.
During the development of the regional haze SIP for the first
planning period, MANE-VU and New York determined that SO2
was the greatest contributor to anthropogenic visibility impairment at
Class I areas. Therefore, the bulk of visibility improvement achieved
in the first planning period was expected to result from reductions in
SO2 emissions from sources inside and outside of the State.
Section 6 of New York's progress report shows the calculated reductions
of SO2 and other pollutants from 2002 though 2011. Section 7
of New York's progress report details the SO2 emission
reductions projected for 2018, compared with the 2011 emissions
inventory. Pollutants that affect visibility, SO2, nitrogen
dioxide (NO2) and particulate matter (PM), have been reduced
substantially from 2002, and all except NO2 already have
lower emissions than projected for 2018. NO2 emissions,
having been reduced from 1,125,263 tons per year in 2002 to 444,048
tons per year in 2011, are well on their way to achieving the 2018
projection of 323,203 tons per year (see Tables 7.4, 7.5 and 7.6 in New
York's progress report).
The EPA proposes to find New York has adequately addressed the
provisions under 40 CFR 51.308(g). New York detailed the SO2
and nitrogen oxides (NOX) reductions from the 2002 regional
haze baseline to 2011, the most recently available year of data at the
time of the development of New York's progress report. In addition, New
York highlighted SO2 emissions reductions, as the pollutant
targeted by MANE-VU states for the most reductions, from all of New
York's EGUs during this same time period.
The provisions under 40 CFR 51.308(g) also require that states with
Class I areas within their borders provide information on current
visibility conditions and the difference between current visibility
conditions and baseline visibility conditions expressed in terms of
five-year averages of these annual values. New York has no Class I
areas, but the Class I areas affected by emissions from New York have
current visibility conditions better than baseline conditions,
approaching the conditions predicted for 2018.
The Interagency Monitoring of Protected Visual Environments
monitoring program (IMPROVE) provides data on the air pollutants that
constitute regional haze. New York's progress report includes data from
the IMPROVE sites at Class I areas affected by emissions from New York.
The table shows the progress from the baseline 2000-2004 five-year
average visibility through the most recent 2009-2013 five-year average
visibility SIP.

Table 2--Observed Visibility vs. Reasonable Progress Goals
[All values in deciviews]
----------------------------------------------------------------------------------------------------------------
2018
Class I area IMPROVE* site 2000-2004 5- 2009-2013 5- Met 2018 progress goal Reasonable
year average year average already? progress goal
----------------------------------------------------------------------------------------------------------------
20% Worst Days
----------------------------------------------------------------------------------------------------------------
Acadia National Park................. 22.9 17.9 Yes...................... 19.4
Moosehorn Wilderness Area **......... 21.7 16.8 Yes...................... 19.0
Great Gulf Wilderness Area ***....... 22.8 16.7 Yes...................... 19.1
Lye Brook Wilderness Area............ 24.4 18.8 Yes...................... 20.9
Brigantine Wilderness Area........... 29 23.8 Yes...................... 25.1
----------------------------------------------------------------------------------------------------------------

[[Page 35740]]

20% Best Days
----------------------------------------------------------------------------------------------------------------
Acadia National Park................. 8.8 7.0 Yes...................... 8.8
Moosehorn Wilderness Area............ 9.2 6.7 Yes...................... 9.2
Great Gulf Wilderness Area........... 7.7 5.9 Yes...................... 7.7
Lye Brook Wilderness Area............ 6.4 4.9 Yes...................... 6.4
Brigantine Wilderness Area........... 14.3 12.3 Yes...................... 14.3
----------------------------------------------------------------------------------------------------------------
* IMPROVE = Interagency Monitoring of Protected Visual Environments program.
** The IMPROVE monitor for Moosehorn Wilderness also represents Roosevelt Campobello International Park.
*** The IMPROVE monitor for Great Gulf Wilderness also represents Presidential Range--Dry River Wilderness
Area.
Data from Tracking Visibility Progress, posted on NESCAUM's Web site at https://www.nescaum.org/topics/regional-haze/regional-haze-documents, supplemented by data from the IMPROVE network as included in New York's progress
report.

The EPA notes the substantial progress, as the Class I areas
affected by emissions from New York State have already achieved and
surpassed the 2018 RPGs.
The EPA proposes to find New York provided the required information
regarding visibility conditions to meet the applicable requirements
under 40 CFR 51.308(g), specifically providing baseline visibility
conditions (2000-2004), current conditions based on the most recently
available IMPROVE monitoring data (2009-2013), and an assessment of the
change in visibility impairment at its Class I areas.
In its progress report SIP, New York presents data from statewide
emissions inventories--New York's State Periodic Emissions Inventory--
developed for the years 2002 and 2011, plus projected inventories for
2018, for SO2, NOX, fine particles with diameters
that are generally 2.5 micrometers and smaller (PM2.5) and
volatile organic compounds (VOCs). New York's emissions inventories
include the following source classifications: Point, area, on-road
mobile, and non-road mobile. The progress report also includes more
detailed information on reductions in sulfur oxides (SOX)
emissions from EGUs, and PM, NOX and SOX from
BART-eligible sources.
Overall, New York's emissions that affect visibility were reduced
in all sectors for all pollutants, except for area source
NOX emissions, which increased by 15,000 tons per year,
compared to the 681,000 ton per year decrease in total NOX
emissions in New York State. Compared to the 2002 inventory New York
used to model haze, actual emissions in 2011 were reduced by 81 percent
for SO2, 61 percent for NOX, and 28 percent for
PM. The 2011 emissions from New York are below the projected 2018
emissions for SO2 and PM, and only about one-third more than
the NOX emissions projected for 2018. Since New York is
successfully implementing its emission reductions programs in its
regional haze SIP, New York is on track for its emissions in 2018 to be
lower than the emissions reductions modeled for 2018 in its 2010 haze
SIP.
The EPA is proposing to find that New York adequately addressed the
provisions of 40 CFR 51.308(g). New York's progress report compared the
most recent updated emission inventory data available at the time of
the development of the progress report with the baseline emissions used
in the modeling for the regional haze SIP.
In its progress report SIP, New York did not find any significant
changes in emissions of SOX, NOX and
PM2.5 which might have impeded or limited progress during
the first planning period. As noted earlier, haze at Class I areas
affected by emissions from New York has improved to levels that meet or
exceed the RPG. The EPA therefore proposes to approve New York's SIP
submission.
In its progress report SIP, New York concludes the elements and
strategies relied on in its original regional haze SIP are sufficient
to enable New York and neighboring states to meet all established RPGs.
As shown in Table 2, visibility on least impaired and most impaired
days from 2000 through 2013 has improved at all Class I areas affected
by emissions from New York (and all RPGs have already been met).
The EPA proposes to agree New York has adequately addressed the
provisions for the first planning period progress reports. The EPA
views this requirement as an assessment that should evaluate emissions
and visibility trends and other readily available information. In its
progress report, New York described the improving visibility trends
using data from the IMPROVE network and the downward emissions trends
in key pollutants in the State and the MANE-VU region. New York
determined its regional haze SIP is sufficient to meet the RPGs for the
Class I areas impacted by the State's emissions.
New York does not have any Class I areas and is not required to
monitor for visibility-impairing pollutants. New York's visibility
monitoring strategy relies upon Class I areas' participation in the
IMPROVE network. The EPA proposes to find New York has adequately
addressed the requirements for a monitoring strategy for regional haze
and proposes to determine no further modifications to the monitoring
strategy are necessary.

B. Determination of Adequacy of Existing Regional Haze Plan

In its progress report, New York submitted a negative declaration
to EPA regarding the need for additional actions or emission reductions
in New York beyond those already in place and those to be implemented
by 2018 according to New York's regional haze plan.
In the 2015 SIP submittal, New York determined the existing
regional haze SIP requires no further substantive revision at this time
to achieve the RPGs for Class I areas affected by the State's sources.
The basis for the State's negative declaration is the finding that
visibility has improved at all Class I areas in the MANE-VU region. In
addition, SO2 and PM emissions from the latest emission
inventory for New York have decreased to levels below the projections
for 2018.
The EPA proposes to conclude that New York has adequately addressed
the provisions under 40 CFR 51.308(h) because visibility and emission
trends indicate that Class I areas impacted by New York's sources are
meeting or exceeding the RPGs for 2018, and expect to continue to meet
or exceed the RPGs for 2018.

[[Page 35741]]

III. Proposed Action

The EPA is proposing to approve New York State's regional haze
progress report as meeting the requirements of 40 CFR 51.308(g) and
(h).

IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 they meet the criteria of the Clean Air Act.
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 (Public Law 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 application of those requirements would be inconsistent
with the Clean Air Act; 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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175, November 18, 2015, because the SIP
is not approved to apply in Indian country located in the state, and
the EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law. Thus, Executive Order 13175
does not apply to this action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Regional haze, Sulfur oxides.

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

Dated: July 10, 2017.
Walter Mugdan,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-15991 Filed 7-31-17; 8:45 am]
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