Approval and Revision of Air Quality Implementation Plans; State of New York; Regional Haze State and Federal Implementation Plans, 48942-48944 [2017-22365]

Download as PDF 48942 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Proposed Rules review, under figure 2–1, paragraph (32)(e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record not required for this proposed rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. jstallworth on DSKBBY8HB2PROD with PROPOSALS G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacynotice. Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: VerDate Sep<11>2014 14:57 Oct 20, 2017 Jkt 244001 PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. Clean Air Act and the EPA’s Regional Haze Rule for the Roseton Generating Station, Units 1 and 2. In conjunction with this proposed approval, we propose to withdraw those portions of the FIP that address BART for the Roseton Generating Station, Units 1 and 2. Comment must be received on or before November 22, 2017. ■ 2. In § 117.273, revise paragraph (b) to read as follows: DATES: § 117.273 Canaveral Barge Canal, Canaveral, FL. ADDRESSES: * * * * * (b) The drawspan of the SR401 Drawbridge, mile 5.5 at Port Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal holidays, the drawspan need not be opened for the passage of vessels. On Saturday and Sunday, this bridge will be allowed to remain closed to navigation from 11 a.m. to 2 p.m. each day. From 10 p.m. to 6 a.m. the drawspan must open on signal if at least three hours notice is given. The drawspan must open as soon as possible for the passage of public vessels of the United States and tugs with tows. Dated: October 17, 2017. Peter J. Brown, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2017–22939 Filed 10–20–17; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2017–0340; FRL–9969–72– 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). The SIP revision establishes Best Available Retrofit Technology (BART) emission limits for sulfur dioxide that are identical to those set by the EPA’s Federal Implementation Plan (FIP) for the Roseton Generating Station, Units 1 and 2, which was promulgated in an action taken on August 28, 2012. The EPA proposes to find that the SIP revision fulfills the requirements of the SUMMARY: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Submit your comments, identified by Docket ID No. EPA–R02– OAR–2017–0340), 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 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: Irene B. Nielson, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 10007–1866 at 212–637–3586 or by email at nielson.irene@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 analysis of NYSDEC’s submittal? V. Incorporation by Reference VI. Statutory and Executive Order Reviews Throughout this document whenever ‘‘Agency,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. E:\FR\FM\23OCP1.SGM 23OCP1 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Proposed Rules I. What action is the EPA proposing? The EPA is proposing to approve a source-specific State Implementation Plan (SIP) revision for Units 1 and 2 at the Roseton Generating Station submitted by the New York State Department of Environmental Conservation (NYSDEC) on April 18, 2017. The EPA is proposing to approve emission limits for sulfur dioxide (SO2) for Units 1 and 2 at the Roseton Generating Station that are equivalent to the emission limits established by the EPA’s Federal Implementation Plan (FIP), as promulgated on August 28, 2012 (77 FR 51915). 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, as they 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.1 jstallworth on DSKBBY8HB2PROD with PROPOSALS 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 if we disapprove the submittal, 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 1 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). VerDate Sep<11>2014 14:57 Oct 20, 2017 Jkt 244001 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. The RHR required states to submit the first implementation plan addressing regional haze visibility impairment no later than December 17, 2007. 40 CFR 51.308(b). 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. These two sources are the Roseton Generating Station (Units 1 and 2) and the Danskammer Generating Station (Unit 4). 77 FR 51915 (August 28, 2012). In the 2012 FIP, the EPA ‘‘encourage[d] New York at any time to submit a SIP revision to incorporate provisions that match the terms of our FIP, or relevant portion thereof,’’ explaining that if EPA approved the SIP revision, it would replace the FIP provisions (77 FR 51915). On April 18, 2017, NYSDEC responded to this by submitting a request for a sourcespecific SIP revision for the Roseton Generating Station, Units 1 and 2, that matches the terms of EPA’s FIP. Because NYSDEC was not required to update its BART determinations beyond incorporating the BART emission limits from the 2012 FIP, the EPA has no basis to disapprove the SIP revision and supplant it with another FIP. Therefore, in this action, the EPA proposes to approve the SIP revision and remove the Roseton Generating Station, Units 1 and 2, from the FIP. This action follows EPA’s proposed action to remove the Danskammer Generation Station Unit 4 from the FIP. See 82 FR 21749 (May 10, 2017). III. What is included in the NYSDEC SIP submittal? On April 18, 2017, NYSDEC submitted a request for a source-specific SIP Revision for Roseton Generating Station, Units 1 and 2, intended to replace the EPA’s FIP BART emission limits and related requirements that were promulgated on August 28, 2012 (77 FR 51915). NYSDEC submitted to the EPA the Title V permit conditions 32.1 and 32.2 (pages 30–31) of the permit renewed on December 5, 2016 for the Roseton Generating Station, Units 1 and 2, and a copy of the NYSDEC ENB notice of February 15, 2017 for the proposed PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 48943 Roseton Generating Station SIP revision.2 IV. What is the EPA analysis of NYSDEC’s submittal? NYSDEC’s submittal includes BART emission limits for the Roseton Generating Station, Units 1 and 2, that are identical to those contained in the EPA FIP: 0.55 pounds of SO2 per million British thermal unit (lb SO2/ MMBtu) calculated on a 24 hour average for each unit (Units 1 and 2). The EPA has evaluated and is proposing to approve NYSDEC’s SIP submittal for the Roseton Generating Station, Units 1 and 2, which consists of emission limits for SO2 and other administrative requirements (i.e., monitoring, recordkeeping and reporting requirements). The SIP requirements are identical to those in the EPA’s FIP promulgated on August 28, 2012. Consequently, the EPA proposes to withdraw those portions of the FIP that address BART for the Roseton Generating Station, Units 1 and 2. The EPA will fully consider all significant comments on this proposed revision to the NYSDEC SIP with regard to Roseton Generating Station. V. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference a source-specific SIP revision dated April 18, 2017, which includes BART emission limits for SO2. The summary of emission limits and other enforceable requirements are included in section IV of this rulemaking. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 2 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). 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 2 In the SIP submittal and in subsequent correspondence with the EPA, NYSDEC notes the NOX and PM limits for Roseton Generating Station Units 1 and 2, which were not subject to the FIP and are not part of this SIP action, are consistent with BART limits approved by EPA in in its August 28, 2012 Final Action on New York’s Regional Haze SIP (77 FR 51915). E:\FR\FM\23OCP1.SGM 23OCP1 jstallworth on DSKBBY8HB2PROD with PROPOSALS 48944 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Proposed Rules 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)) and 13563 (76 FR 3821, January 21, 2011); • is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866 • 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). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Sulfur oxides, Reporting recordkeeping requirements. VerDate Sep<11>2014 16:24 Oct 20, 2017 Jkt 244001 Dated: September 29, 2017. Catherine R. McCabe, Acting Regional Administrator, Region 2. [FR Doc. 2017–22365 Filed 10–20–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2017–0580; FRL–9969–81– Region 9] Contingency Measures for the 1997 PM2.5 Standards; California; San Joaquin Valley; Correction of Deficiency Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to determine that the deficiency that formed the basis for a disapproval of the contingency measures submitted for the San Joaquin Valley nonattainment area for the 1997 fine particulate matter (PM2.5) national ambient air quality standards has been corrected. The proposed determination is based on the Agency’s approval of revisions to the California State Implementation Plan that include regulations establishing standards and other requirements relating to the control of emissions from new on-road and new and in-use off-road vehicles and engines and a finding that the purposes of the contingency measure requirement, as applicable to the San Joaquin Valley based on its initial designation as a nonattainment area for the 1997 PM2.5 standards, have been fulfilled. If finalized as proposed, the sanctions clocks triggered by the disapproval will be permanently stopped. SUMMARY: Any comments must arrive by November 22, 2017. ADDRESSES: Submit your comments, identified by docket number EPA–R09– OAR–2017–0580 at https:// www.regulations.gov, or via email to Rory Mays at mays.rory@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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 DATES: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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, 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. FOR FURTHER INFORMATION CONTACT: Rory Mays, EPA Region IX, (415) 972–3227, mays.rory@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. Table of Contents I. Background II. Proposed Determination and Termination of Sanctions III. Request for Public Comment IV. Statutory and Executive Order Reviews I. Background Under sections 108 and 109 of the Clean Air Act (CAA or ‘‘Act’’), the EPA establishes national ambient air quality standards (NAAQS). Over the years, the EPA has established NAAQS for particulate matter, ozone, carbon monoxide, lead, nitrogen dioxide, and sulfur dioxide. Under CAA section 110, each state must adopt and submit state implementation plans (SIPs) to implement, maintain, and enforce the NAAQS within such state. Under CAA section 107, the EPA designates areas of the country as ‘‘nonattainment’’ if the area does not meet a particular NAAQS or if the area contributes to ambient air quality in a nearby area that does not meet the NAAQS. In response to a nonattainment designation, states must revise their SIPs to provide for, among other things, reasonable further progress (RFP), attainment by the most expeditious date practicable but no later than the applicable attainment date, and contingency measures in the event the area fails to meet RFP or attainment by the applicable attainment date. See, generally, part D of title I of the CAA. Under CAA section 110(k), the EPA is charged with review of each SIP and SIP revision submitted by each state for compliance with applicable CAA requirements and for approval or disapproval (in whole or in part) through notice-and-comment E:\FR\FM\23OCP1.SGM 23OCP1

Agencies

[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Proposed Rules]
[Pages 48942-48944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22365]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0340; FRL-9969-72-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). The SIP revision establishes Best Available Retrofit Technology 
(BART) emission limits for sulfur dioxide that are identical to those 
set by the EPA's Federal Implementation Plan (FIP) for the Roseton 
Generating Station, Units 1 and 2, which was promulgated in an action 
taken on August 28, 2012. 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 the Roseton Generating Station, Units 1 and 2. 
In conjunction with this proposed approval, we propose to withdraw 
those portions of the FIP that address BART for the Roseton Generating 
Station, Units 1 and 2.

DATES: Comment must be received on or before November 22, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2017-0340), 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 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: Irene B. Nielson, Environmental 
Protection Agency, Air Programs Branch, 290 Broadway, New York, New 
York 10007-1866 at 212-637-3586 or by email at [email protected].

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 analysis of NYSDEC's submittal?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

    Throughout this document whenever ``Agency,'' ``we,'' ``us,'' or 
``our'' is used, we mean the EPA.

[[Page 48943]]

I. What action is the EPA proposing?

    The EPA is proposing to approve a source-specific State 
Implementation Plan (SIP) revision for Units 1 and 2 at the Roseton 
Generating Station submitted by the New York State Department of 
Environmental Conservation (NYSDEC) on April 18, 2017. The EPA is 
proposing to approve emission limits for sulfur dioxide 
(SO2) for Units 1 and 2 at the Roseton Generating Station 
that are equivalent to the emission limits established by the EPA's 
Federal Implementation Plan (FIP), as promulgated on August 28, 2012 
(77 FR 51915).

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, as they 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.\1\
---------------------------------------------------------------------------

    \1\ 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 if we disapprove the 
submittal, 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. The RHR 
required states to submit the first implementation plan addressing 
regional haze visibility impairment no later than December 17, 2007. 40 
CFR 51.308(b).

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. These 
two sources are the Roseton Generating Station (Units 1 and 2) and the 
Danskammer Generating Station (Unit 4). 77 FR 51915 (August 28, 2012).
    In the 2012 FIP, the EPA ``encourage[d] New York at any time to 
submit a SIP revision to incorporate provisions that match the terms of 
our FIP, or relevant portion thereof,'' explaining that if EPA approved 
the SIP revision, it would replace the FIP provisions (77 FR 51915). On 
April 18, 2017, NYSDEC responded to this by submitting a request for a 
source-specific SIP revision for the Roseton Generating Station, Units 
1 and 2, that matches the terms of EPA's FIP. Because NYSDEC was not 
required to update its BART determinations beyond incorporating the 
BART emission limits from the 2012 FIP, the EPA has no basis to 
disapprove the SIP revision and supplant it with another FIP. 
Therefore, in this action, the EPA proposes to approve the SIP revision 
and remove the Roseton Generating Station, Units 1 and 2, from the FIP. 
This action follows EPA's proposed action to remove the Danskammer 
Generation Station Unit 4 from the FIP. See 82 FR 21749 (May 10, 2017).

III. What is included in the NYSDEC SIP submittal?

    On April 18, 2017, NYSDEC submitted a request for a source-specific 
SIP Revision for Roseton Generating Station, Units 1 and 2, intended to 
replace the EPA's FIP BART emission limits and related requirements 
that were promulgated on August 28, 2012 (77 FR 51915).
    NYSDEC submitted to the EPA the Title V permit conditions 32.1 and 
32.2 (pages 30-31) of the permit renewed on December 5, 2016 for the 
Roseton Generating Station, Units 1 and 2, and a copy of the NYSDEC ENB 
notice of February 15, 2017 for the proposed Roseton Generating Station 
SIP revision.\2\
---------------------------------------------------------------------------

    \2\ In the SIP submittal and in subsequent correspondence with 
the EPA, NYSDEC notes the NOX and PM limits for Roseton 
Generating Station Units 1 and 2, which were not subject to the FIP 
and are not part of this SIP action, are consistent with BART limits 
approved by EPA in in its August 28, 2012 Final Action on New York's 
Regional Haze SIP (77 FR 51915).
---------------------------------------------------------------------------

IV. What is the EPA analysis of NYSDEC's submittal?

    NYSDEC's submittal includes BART emission limits for the Roseton 
Generating Station, Units 1 and 2, that are identical to those 
contained in the EPA FIP: 0.55 pounds of SO2 per million 
British thermal unit (lb SO2/MMBtu) calculated on a 24 hour 
average for each unit (Units 1 and 2).
    The EPA has evaluated and is proposing to approve NYSDEC's SIP 
submittal for the Roseton Generating Station, Units 1 and 2, which 
consists of emission limits for SO2 and other administrative 
requirements (i.e., monitoring, recordkeeping and reporting 
requirements). The SIP requirements are identical to those in the EPA's 
FIP promulgated on August 28, 2012. Consequently, the EPA proposes to 
withdraw those portions of the FIP that address BART for the Roseton 
Generating Station, Units 1 and 2. The EPA will fully consider all 
significant comments on this proposed revision to the NYSDEC SIP with 
regard to Roseton Generating Station.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference a source-specific SIP revision dated April 18, 2017, which 
includes BART emission limits for SO2. The summary of 
emission limits and other enforceable requirements are included in 
section IV of this rulemaking. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and/or at the EPA Region 2 Office (please contact the person identified 
in the For Further Information Contact section of this preamble for 
more information).

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

[[Page 48944]]

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)) and 13563 (76 FR 3821, January 
21, 2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866
     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).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Sulfur oxides, Reporting 
recordkeeping requirements.

    Dated: September 29, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-22365 Filed 10-20-17; 8:45 am]
 BILLING CODE 6560-50-P
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