Approval and Promulgation of Implementation Plans; New York; Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standards, 58342-58347 [2017-26657]
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Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
Because an adverse comment was
received, EPA is withdrawing the direct
final rule approving the revisions to the
West Virginia SIP that remove the CAIR
annual trading programs for NOX and
SO2. EPA will address the comment
received in a subsequent final action
based upon the proposed rulemaking
action also published on September 25,
2017 (82 FR 44544), for the two July 13,
2016 SIP submissions. EPA will not
institute a second comment period on
this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: November 22, 2017.
Cosmo Servidio,
Regional Administrator, Region III.
Accordingly, the amendments to
§ 52.2520(c) published on September 25,
2017 (82 FR 44525), which were to
become effective December 26, 2017, are
withdrawn as of December 12, 2017.
■
[FR Doc. 2017–26408 Filed 12–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2017–0459; FRL–9971–83–
Region 2]
Approval and Promulgation of
Implementation Plans; New York;
Reasonably Available Control
Technology for the 2008 8-Hour Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is conditionally
approving a State Implementation Plan
(SIP) submitted by the State of New
York for purposes of implementing
Reasonably Available Control
Technology (RACT) for the 2008 8-hour
ozone National Ambient Air Quality
Standard (NAAQS) related to control of
volatile organic compounds (VOCs)
from industrial cleaning solvents. The
EPA is approving New York’s Ozone
Transport Region RACT SIP as it applies
to non-control technique guideline
major sources of VOCs and major
sources of oxides of nitrogen. The EPA
is also approving the State of New
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SUMMARY:
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York’s state-wide non-attainment new
source review certification as sufficient
for purposes of satisfying the 2008
8-hour ozone NAAQS. The EPA is
approving New York’s certification that
there are no sources within the State for
the following CTGs: Manufacture of
Vegetable Oils and Application of
Agricultural Pesticides. This action is
being taken in accordance with the
requirements of the Clean Air Act.
DATES: This final rule is effective on
January 11, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2017–0459. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Anthony (Ted) Gardella, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3892, or by email at
Gardella.Anthony@epa.gov.
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
IV. What are the consequences if a condition
is not met?
A. What are the Act’s provisions for
sanctions?
B. What Federal implementation plan
provisions apply if a state fails to submit
an approvable plan?
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
On September 14, 2017 (82 FR 43209),
the EPA published a Notice of Proposed
Rulemaking that proposed to
conditionally approve the State of New
York’s December 22, 2014 State
Implementation Plan (SIP) submittal,1
for purposes of implementing
Reasonably Available Control
Technology (RACT) 2 for the 2008
1 New York supplemented its SIP submittal by
letter dated September 6, 2017.
2 The EPA has defined RACT as the lowest
emission limitation that a particular source is
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8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard).
The EPA proposed to approve New
York’s Ozone Transport Region RACT
SIP as it applies to non-control
technique guideline major sources of
VOCs and major sources of oxides of
nitrogen. The EPA also proposed to
approve the State of New York’s statewide non-attainment new source review
certification as sufficient for purposes of
satisfying the 2008 8-hour ozone
NAAQS.3 In addition, the EPA proposed
to approve New York’s certification that
there are no sources within the State for
the following CTGs: (a) Manufacture of
Vegetable Oils and (b) Application of
Agricultural Pesticides.
The proposed approval was
conditioned on New York finalizing
revisions to RACT requirements related
sources subject to the industrial
cleaning solvents control techniques
guidelines (CTG). As the SIP submittal
indicates, the RACT requirements for
the 2008 ozone NAAQS have been
fulfilled with the exception of sources
subject to the industrial cleaning
solvents CTG. In the SIP submittal, New
York committed to address sources
subject to this CTG through a timely
revision to Title 6 of the New York
Codes, Rules and Regulations Part 226
entitled, ‘‘Solvent Metal Cleaning
Processes’’ (6 NYCRR Part 226).
Therefore, consistent with section
110(k)(4) of the Clean Air Act (CAA),
the EPA’s September 14, 2017
rulemaking, signed September 6, 2017
and published September 14, 2017,
proposed to conditionally approve New
York’s December 2014 SIP submittal. On
September 6, 2017, New York
supplemented its SIP submittal with a
letter to the EPA committing to fulfill
the requirements of the industrial
cleaning solvents CTG by finalizing
revisions to Part 226 by November 30,
2018. Therefore, based on the State’s
September 6, 2017 commitment letter,
the EPA is conditionally approving New
York’s December 2014 SIP submittal, as
it applies to CTG requirements for VOC
major sources, for purposes of
implementing RACT statewide for the
2008 8-hour ozone NAAQS.
The specific details of New York’s
December 2014 SIP submittal and the
rationale for the EPA’s approval action
are explained in the EPA’s proposed
rulemaking and are not restated in this
capable of meeting by the application of control
technology that is reasonably available considering
technological and economic feasibility (44 FR
53762, September 17, 1979).
3 New York’s nonattainment new source review
certification addresses both the New York-Northern
New Jersey-Long Island, NY-NJ-CT and the
Jamestown nonattainment areas.
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final action. For this detailed
information, the reader is referred to the
EPA’s September 14, 2017 proposed
rulemaking (82 FR 43209).
II. What comments were received in
response to the EPA’s proposed action?
In response to the EPA’s September
14, 2017 proposed rulemaking on New
York’s December 2014 SIP submittal,
the EPA received the following four
comments summarized below. The
specific comments may be viewed
under Docket ID Number EPA–R02–
OAR–2017–0459 on the https://
www.regulations.gov Website.
Comment 1: An anonymous citizen
comments that he or she ‘‘believes the
proposed rule will help improve the
environment greatly.’’
Response 1: The EPA acknowledges
the commenter’s support of the EPA’s
proposed rule.
Comment 2: A New York State citizen
provides extensive comments related to
the EPA’s encouragement (see 82 FR
43209 (September 14, 2017)) to New
York to strengthen its ozone SIP by
adopting and submitting as a SIP
revision additional control measures
needed for attainment of the 8-hour
ozone NAAQS as it relates to: The
adoption of more stringent emission
limits for simple cycle combustion
turbines firing distillate oil or more than
one fuel and submitting a SIP revision
that addresses HEDD (High Electric
Demand Day) sources. The citizen states
that regional ozone modeling that
analyzes emissions data from 2015 or
2016 is necessary before New York
should consider, much less implement,
the SIP revisions that EPA ‘‘encourages’’
New York to adopt and submit as SIP
revisions.
The commenter states that he had
prepared comments and analyses that
support his recommendation to do
further modeling before implementing
any further controls. The commenter
states that he had compared NOX
emissions from all New York sources
reporting NOX emissions to EPA and all
New York combustion turbines with
ozone concentration measurements at
the Fairfield, CT ozone monitoring
station on all Ozone Season days with
valid observations at this monitoring
station from 2006 to 2016. The
commenter states that the Fairfield
monitoring site is the downwind
ambient monitor with the highest New
York impact according to EPA’s
modeling for its Cross-State Air
Pollution Rule (CSAPR). The
commenter notes that all combustion
turbines that meet this criterion are
either in New York City or on Long
Island. The commenter’s detailed 52-
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page modeling and statistical summary
appears in Attachment 1 to his October
11, 2017 comment letter. The
commenter’s summary concludes that
the ‘‘results indicate that refined
modeling with recent emissions has to
be performed to confirm that further
controls will reduce ozone enough to
warrant further controls on any of the
New York sources included in this
analysis.’’
The commenter concludes his letter
by stating that there are complex
meteorological conditions during ozone
episodes downwind of New York (land
and sea breezes, elevated terrain
concerns, and the nocturnal boundary
layer structure along the coast) that need
to be incorporated into regional ozone
modeling analyses. The commenter
states that if regional ozone modeling
analyses that use post-2015 emissions
data and incorporate complex
meteorology are not used then New
York runs the risk of implementing a
control program that cannot succeed.
Concluding, the commenter states,
‘‘Given the level of effort and time doing
the modeling right it might be necessary
to delay implementation of further SIP
control requirements.’’
Response 2: The EPA thanks the
commenter for the detailed analyses and
recommendations with respect to the
additional control measures. These
comments are not germane to the EPA’s
proposed approval of New York’s
December 2014 SIP but rather are
relevant to future planning requirements
associated with the moderate area
classification. The EPA, therefore, is not
responding to them in this action. These
detailed modeling and statistical
analyses are best directed to New York
State as the State develops planning
requirements for progressing, under
moderate area classification, toward
attainment of the 8-hour ozone
standard.
Comment 3: Similar to Comment 2
above, a comment from the
Environmental Energy Alliance of New
York, LLC (the ‘‘Alliance’’) provides
extensive comments related to the EPA’s
encouragement (see 82 FR 43209,
September 14, 2017) to New York to
strengthen its ozone SIP by adopting
and submitting as a SIP revision with
additional control measures needed for
attainment of the 8-hour ozone NAAQS
as it relates to more stringent emission
limits on simple cycle turbines units
and peaking units that operate on high
electric demand days (HEDD). Alliance
members own and operate electric
generating and transmission and
distribution facilities throughout New
York and elsewhere. Alliance members
operate the majority of the peaking units
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in the New York Metropolitan Area
(NYMA).
The Alliance expresses concern that
the imposition of emission limits needs
to be balanced with the need to
maintain reliable electricity service to
New York. While the Alliance supports
New York’s and the EPA’s efforts to
reach attainment of the ozone NAAQS,
the Alliance suggests that the need to
reduce emissions in the NYMA and the
Alliance’s requirement to maintain
reliable service to its customers is a
more complex issue than simply
imposing more stringent emission
limits. The Alliance comments that
there are over 100 peaking turbines
(about 3000 megawatts (MW)) in the
NYMA to maintain system reliability
and support renewables. The Alliance
states that with the impending closure
of 2000 MW of nuclear generation, the
combined effect of the peaking unit
regulation changes and retirements
suggests any new rule implementation
should proceed with flexibility and
caution.
The Alliance states that it has worked
cooperatively with New York to develop
an approach to replace, repower, or
retrofit controls of existing peaking
units. The Alliance’s October 16, 2017
comment letter includes as an
attachment a September 8, 2017 letter
commenting on New York’s July 25,
2017 pre-proposal entitled ‘‘Combustion
Turbine (Peaking Unit) Pre-Proposal
Outline’’ which outlines, according to
the Alliance, New York’s efforts to
achieve attainment of the ozone NAAQS
in the NYMA as it relates to peaking
units. In its September 2017 letter to
New York, the Alliance expresses the
hope to collectively design cost-effective
solutions compatible with the need to
maintain reliable service to ratepayers.
In addition, in its September 2017 letter,
the Alliance provides detailed
comments and recommendations related
to the following issues: the compliance
schedule, emission limits, performance
of control options, potential for
collateral increase in carbon monoxide,
system averaging, emission limits for
dual-fueled units, compliance
requirements during the interim period
before unit retirement, and alternative
approaches to NOX reductions in the
NYMA.
Response 3: The EPA appreciates the
Alliance’s comments with respect to
their concern for electric system
reliability within the NYMA and the
need for caution and flexibility when
developing and implementing new NOX
control measures on peaking units. EPA
acknowledges the importance of
maintaining reliable electric service to
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ratepayers while implementing new
NOX controls.
These extensive and detailed
comments concerning the connection
between reliability of the electric grid
and the development and
implementation of NOX emission limits
on electric generating units are best
directed to New York State as the State
engages in planning for progressing,
under moderate area classification, to
attainment of the 8-hour ozone
standard. These comments relating to
the reliability of the electric grid are not
germane as they do not specifically
address the EPA’s proposed action on
New York’s December 2014 SIP
submittal that addresses the
implementation of RACT for the 8-hour
2008 ozone standard.
Comment 4: The State of New Jersey
Department of Environmental Protection
(NJDEP or New Jersey) comments that
New York’s December 2014 RACT SIP
will provide necessary emission
reductions in NOX and VOC for the New
York-Northern New Jersey-Connecticut
(NY-NJ-CT) ozone nonattainment area to
move towards attainment of the 2008
ozone NAAQS (75 ppb ozone), but more
still needs to be done for the area to
attain. NJDEP recommends that the EPA
require New York to adequately address
three source categories that emit
significant amounts of emissions that
impact ozone levels in the NY-NJ-CT
area:
1. Adopt rules that reduce NOX
emissions from peaking turbines during
high ozone days in the NY-NJ-CT area.
2. Adopt rules that reduce NOX
emissions from stationary engines used
for demand-side management that
generate electricity during high ozone
days in the NY-NJ-CT area.
3. Assess lightering operations in the
New York harbor that emit VOC from
crude oil, gasoline, and other volatile
product transfers.
As part of the State’s October 10, 2017
comment letter, NJDEP attached its
August 20, 2014 comment letter to New
York at the time New York proposed its
RACT SIP in 2014. NJDEP’s August
2014 comment letter to New York
provides NJDEP’s detailed arguments as
to why New York needs to address the
above mentioned three source categories
as RACT sources. NJDEP states that the
first two source categories are subject to
the New Jersey’s RACT regulation but
not the third source category since there
are no lightering operations in New
Jersey waters. NJDEP comments that
New York, in finalizing its 2014 RACT
SIP, did not adequately address the
same three source categories since New
York responded that the three source
categories did not meet their definition
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of RACT. NJDEP comments that it
believes these source categories should
be covered under RACT requirements
because they are existing, major
stationary sources for which reasonably
available control technology exists.
NJDEP comments that the lightering
activities can be considered a major
stationary source, similar to the EPA’s
treatment of some airports for emissions
inventory, since the activities are
occurring within established areas of
New York Harbor. NJDEP further
comments that the State of Delaware has
had regulations addressing lightering
activities since 2007 thus establishing
reasonably available control technology.
Response 4: The EPA appreciates the
comments from NJDEP. NJDEP
recommends that New York consider
the three source categories identified in
its comment as RACT but NJDEP does
not provide supporting technical details
to demonstrate that certain control
measures for these three source
categories can be considered RACT in
New York.
As stated in our proposed rule dated
September 14, 2017 (82 FR 43209), New
York’s December 22, 2014 SIP submittal
included a response to a comment that
‘‘once the NYMA is reclassified to
moderate nonattainment for the 2008
ozone NAAQS and an attainment SIP is
required, DEC [New York] will
undertake a review of its many NOX
control options to determine which
would most efficiently and effectively
reduce emissions in the NYMA.’’ New
York made a similar response to a
comment related to VOC emissions from
lightering operations. Since the NYMA
was reclassified from a marginal to a
moderate nonattainment area on May 4,
2016 (81 FR 26697), effective June 3,
2016, the following EPA response to
NJDEP comments is a recommendation
that New York include, as part of its
upcoming attainment demonstration SIP
for the 8-hour ozone NAAQS for the
NYMA moderate nonattainment area, an
evaluation of the NJDEP and the EPA’s
recommended additional control
measures for purposes of reducing
additional NOX and VOC emissions.
In response to NJDEP’s August 2014
letter, New York issued a document
entitled ‘‘Assessment of Public
Comments New York State
Implementation Plan for 8-hour Ozone:
Reasonably Available Control
Technology’’ (Assessment) which is
included in the docket for this action. In
its Assessment, New York responded to
the three source category comments
from NJDEP as summarized below.
For peaking turbines, New York
responded that peaking generating units
that exceed major source emission
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threshold are subject to the State’s NOX
RACT regulation for combustion
turbines and New York maintained that
these emission limits represent RACT
for combustion turbines. New York
further responded that the most recently
adopted and SIP approved (78 FR
41846, July 12, 2013) NOX RACT
regulation requires case-by-case
evaluations for combined-cycle
combustion turbines. New York further
stated that combustion turbines are also
used as part of a system-wide averaging
plan for NOX RACT and therefore more
stringent limits may not necessarily
result in a one-for-one reduction in
NOX.
In response to New Jersey’s comment,
the EPA finds that New York’s OTR
NOX RACT SIP submittal is sufficient.
System-wide averaging is an EPA
approved RACT compliance option.
The EPA, however, encourages New
York to evaluate whether NOX emission
limits, for the combustion turbines not
part of a system-wide averaging
program, could be more stringent. As
stated in our September 2017 proposal,
the EPA encourages New York to
evaluate lowering the NOX emission
limit for simple cycle combustion
turbines combusting distillate oil or
more than one fuel since New York’s
neighboring states of New Jersey and
Connecticut have more stringent
emission limits than New York’s limit of
100 parts per million (ppm). For this
source category, Connecticut has
adopted NOX emission limits of 40–75
ppm for June 2018 and 40–75 ppm for
June 2023 and New Jersey’s adopted
limit is equivalent to 43 ppm. In
addition, the EPA encourages New York
to propose and submit as a SIP revision
for the EPA’s approval any revised caseby-case RACT determinations for
combined-cycle combustion turbines.
For stationary engines used for
demand-side management, New York
responded in its Assessment that the
majority of combustion engines used for
demand-side management are minor
sources based on NOX emission levels
and are therefore not subject to RACT;
and engines that do exceed major source
emission threshold are subject to the
State’s NOX RACT regulation. New York
maintained that these requirements
fulfill RACT.
In response to New Jersey’s comment,
the EPA herein responds that we concur
with New York’s logic, as articulated in
its Assessment (see preceding
paragraph) regarding RACT
applicability for sources considered
minor and major. EPA nonetheless
encourages New York to consider a
more stringent NOX emission limit for
internal combustion engines firing with
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distillate oil (solely or in combination
with other fuels) from the current limit
of 2.3 grams per brake horsepower-hour
(g/bhp-hr) to the limit adopted in
Connecticut of 1.5 (for rich burn
engine)-2.3 (for lean burn engine) g/bhphr, starting in June 2023. In addition,
New Jersey’s SIP approved (72 FR
41626, July 31, 2007) NOX RACT
regulation, Subchapter 19, includes a
NOX emission limit of 1.5 g/bhp-hr for
rich burn engines.
For lightering operations in the New
York harbor, New York, in its
Assessment, responded that they do not
consider tank vessels or service vessels
to be stationary sources; such vessels are
considered mobile sources and are not
permitted under the Title V stationary
source permitting program. New York
concluded that it is not appropriate to
address lightering operations in the New
York SIP. In response to New Jersey’s
comment, the EPA finds that New
York’s OTR VOC RACT SIP submittal is
approvable given New York’s current
treatment of tank vessels and service
vessels.
The EPA recognizes that, as New
Jersey indicates in its comment, the
State of Delaware regulates lightering
operations in the State’s ‘‘Regulation
No. 1124—Control of Volatile Organic
Compound Emissions (formally
Regulation No. 24), section 46 entitled,
Crude Oil Lightering Operations.’’ The
EPA approved Delaware’s VOC RACT
Regulation 1124, section 46, Crude Oil
Lightering Operations, into the SIP on
September 13, 2007 (72 FR 52285). As
discussed above, in response to a
comment received by the State during
its RACT rulemaking process, New York
states that, if the NYMA is reclassified
to moderate nonattainment, ‘‘New York
will investigate the need and
appropriateness for additional emission
reductions and evaluate lightering
controls and/or other emission
reductions strategies in order to
determine the most effective manner in
which to attain the ozone NAAQS.’’
Therefore, the EPA recommends that
New York review the lightering
operations in New York’s harbor for
possible applicability to RACT as it
relates to New York’s future submittal of
its attainment SIP for the NYMA
nonattainment area.
To summarize, since the NYMA has
been reclassified from marginal to a
moderate nonattainment area, New York
is required to submit a new RACT
determination as part of the State’s
attainment demonstration for the 2008
ozone standard for the NYMA moderate
nonattainment area. New York should
include an evaluation of the three
source categories suggested by NJDEP,
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as well as the other recommendations
discussed by the EPA as in the
September 14, 2017 proposal, in its
RACT evaluation as part of the State’s
attainment demonstration for the 2008
ozone standard.
III. What action is the EPA taking?
The EPA is conditionally approving
New York’s statewide RACT submittal
dated December 22, 2014, as
supplemented on September 6, 2017, for
purposes of satisfying the 2008 8-hour
ozone standard RACT requirement, as it
applies to CTG requirements for VOC
major sources. New York must meet its
commitment to adopt a revised Part 226
by November 30, 2018.
The EPA is approving the remainder
of New York’s OTR RACT SIP submittal,
as it applies to non-CTG major sources
of VOCs and to major sources of NOX.
The EPA is also approving New
York’s non-attainment new source
review certification, state-wide, as
sufficient for purposes of the 2008
ozone NAAQS. Finally, the EPA is
approving New York’s certification that
there are no sources within the State for
the following CTGs: (a) Manufacture of
Vegetable Oils and (b) Application of
Agricultural Pesticides.
Under section 110(k) of the CAA, the
EPA may conditionally approve a plan
revision based on a commitment by the
State to adopt specific enforceable
measures by a date certain but not later
than one year after the date of approval
of the plan revision. If New York meets
its commitment within the applicable
time frame, the conditionally approved
submission will remain as part of the
SIP until the EPA takes final action
approving or disapproving the SIP
requirement in question. If New York
fails to meet its commitment within the
specified time period, the conditional
approval will, by operation of law,
become a disapproval. If the conditional
approval becomes a disapproval, this
commitment will no longer be a part of
the approved SIP for New York, and an
18-month clock for sanctions under
CAA section 179(a)(2) and a two-year
clock for a federal implementation plan
(FIP) under CAA section 110(c)(1)
would commence. The EPA
subsequently will publish a document
in the Federal Register notifying the
public that the conditional approval
converted to a disapproval.
IV. What are the consequences if the
condition is not met?
The Act provides for the imposition of
sanctions and the promulgation of a FIP
if States fail to correct any deficiencies
identified by the EPA in a final
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58345
disapproval action within certain
timeframes.
A. What are the Act’s provisions for
sanctions?
If the EPA disapproves a required SIP
submittal or component of a SIP
submittal, section 179(a) provides for
the imposition of sanctions unless the
deficiency is corrected within 18
months of the final disapproval. The
first sanction would apply 18 months
after the EPA disapproves the SIP
submittal or if the State fails to make the
required submittal. Under the EPA’s
sanctions regulations, 40 CFR 52.31, the
first sanction would be 2:1 offsets for
sources subject to the new source
review requirements under section 173
of the Act. If the State has still failed to
submit a SIP 6 months after the first
sanction is imposed, the second
sanction will apply. The second
sanction is a limitation on the receipt of
Federal highway funds. The EPA also
has authority under section 110(m) to
sanction a broader area.
B. What Federal implementation plan
provisions apply if a state fails to submit
an approvable plan?
In addition to sanctions, if the EPA
finds that a State failed to submit the
required SIP revision or disapproves the
required SIP revision, or a portion
thereof, the EPA must promulgate a FIP
no later than 2 years from the date of the
finding if the deficiency has not been
corrected.
V. 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, EPA’s role is to approve
state choices, provided that 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 Orders 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
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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 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 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 12,
2018. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 29, 2017.
Peter D. Lopez,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. In § 52.1670, the table in paragraph
(e) is amended by adding the entries
‘‘2008 8-hour Ozone RACT analysis’’
and ‘‘2008 8-hour Ozone Nonattainment
New Source Review Requirements’’ at
the end of the table to read as follows:
■
§ 52.1670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISION
Action/SIP element
New York
submittal
date
Applicable geographic or
nonattainment area
*
2008 8-hour Ozone
RACT analysis.
*
*
Statewide and to the New York portion of
the New York-Northern New JerseyLong Island (NY-NJ-CT) and the
Jamestown 8-hour ozone nonattainment
areas.
2008 8-hour Ozone
Statewide and to the New York portion of
Nonattainment
the New York-Northern New JerseyNew Source ReLong Island (NY-NJ-CT) and the
view Requirements.
Jamestown 8-hour ozone nonattainment
areas.
3. Amend § 52.1683 by adding
paragraphs (b)(2) and (3) and (p) to read
as follows:
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■
§ 52.1683
*
Control strategy: Ozone.
*
*
*
*
(b) * * *
(2) Manufacture of Vegetable Oils.
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*
EPA
approval
date
12/22/14
*
12/12/17
12/22/14
12/12/17
(3) Application of Agricultural
Pesticides.
*
*
*
*
*
(p)(1) The December 22, 2014 New
York reasonably available control
technology (RACT) analysis plan, as
supplemented on September 6, 2017,
submitted pursuant to the 2008 8-hour
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Explanation
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*
*
• Full approval as it applies to non-CTG
major sources of VOCs and to major
sources of NOX.
• Conditional approval as it applies to
CTG for VOC major sources.
• Full approval.
ozone national ambient air quality
standard (NAAQS), which applies to the
entire State, including the New York
portion of the New York-Northern New
Jersey-Long Island (NY-NJ-CT) and the
Jamestown 8-hour ozone marginal
nonattainment areas, is conditionally
approved as it applies to the Clean Air
Act control techniques guidelines (CTG)
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requirements for major sources of
volatile organic compounds (VOC).
(2) The remainder of New York’s
December 22, 2014 RACT analysis plan,
pursuant to the 2008 8-hour ozone
NAAQS as applied to the entire State,
including the New York portion of the
NY-NJ-CT and the Jamestown 8-hour
ozone marginal nonattainment areas,
and as it applies to non-CTG major
sources of VOCs and to major sources of
oxides of nitrogen (NOX), is approved.
(3) The December 22, 2014 New York
plan submittal providing a
nonattainment new source review
(NNSR) certification as sufficient for
purposes of the state-wide 2008 8-hour
ozone NAAQS, including the New York
portion of the NY-NJ-CT and the
Jamestown 8-hour ozone nonattainment
areas, is approved.
[FR Doc. 2017–26657 Filed 12–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0406; FRL–9971–43–
Region 6]
Approval and Promulgation of
Implementation Plans; New Mexico;
Albuquerque and Bernalillo County;
Regional Haze Progress Report State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a revision to a State
Implementation Plan (SIP) for the City
of Albuquerque and Bernalillo County,
New Mexico (the County) submitted by
the Governor on June 24, 2016. The SIP
revision addresses requirements of the
Act and the EPA’s rules that require the
County to submit a periodic report
assessing reasonable progress goals
(RPGs) for regional haze with a
determination of the adequacy of the
existing regional haze SIP.
DATES: This rule is effective on January
11, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2016–0406. All
documents in the docket are listed at the
https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
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SUMMARY:
VerDate Sep<11>2014
16:52 Dec 11, 2017
Jkt 244001
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
James E. Grady, (214) 665–6745;
grady.james@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ each mean ‘‘the EPA.’’
I. Background
The background for this action is
discussed in detail in the October 2,
2017 proposal (82 FR 45762). In that
document the EPA proposed to approve
the County’s regional haze progress
report SIP revision (submitted on June
24, 2016) as meeting the applicable
regional haze requirements set forth in
40 CFR 51.309(d)(10). In addition, the
EPA proposed to approve the County’s
determination that the current regional
haze SIP is adequate to meet the State’s
2018 RPGs for the first planning period
and does not require further substantive
revision to achieve the established
regional haze goals. The public
comment period for the proposal closed
on November 1, 2017. The EPA did not
receive any comments regarding the
proposal during its public comment
period.
II. Final Action
The EPA is approving the County’s
regional haze progress report SIP
revision (submitted on June 24, 2016) as
meeting the applicable regional haze
requirements set forth in 40 CFR
51.309(d)(10)(i)(A) through (G). The
EPA is also approving the County’s
determination that the current regional
haze SIP requires no further substantive
revision at this time in order to achieve
the established 2018 RPGs for visibility
improvement and emission reduction
(40 CFR 51.309(d)(10)(ii)). This action is
being taken under section 110 of the
Act.
III. Statutory and Executive Order
Reviews
Under the CAA, 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 that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
PO 00000
Frm 00015
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Sfmt 4700
58347
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 Orders 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 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 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
E:\FR\FM\12DER1.SGM
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Agencies
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58342-58347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26657]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2017-0459; FRL-9971-83-Region 2]
Approval and Promulgation of Implementation Plans; New York;
Reasonably Available Control Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving a State Implementation Plan (SIP) submitted by the State of
New York for purposes of implementing Reasonably Available Control
Technology (RACT) for the 2008 8-hour ozone National Ambient Air
Quality Standard (NAAQS) related to control of volatile organic
compounds (VOCs) from industrial cleaning solvents. The EPA is
approving New York's Ozone Transport Region RACT SIP as it applies to
non-control technique guideline major sources of VOCs and major sources
of oxides of nitrogen. The EPA is also approving the State of New
York's state-wide non-attainment new source review certification as
sufficient for purposes of satisfying the 2008 8-hour ozone NAAQS. The
EPA is approving New York's certification that there are no sources
within the State for the following CTGs: Manufacture of Vegetable Oils
and Application of Agricultural Pesticides. This action is being taken
in accordance with the requirements of the Clean Air Act.
DATES: This final rule is effective on January 11, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2017-0459. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3892, or by email at [email protected].
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. What are the consequences if a condition is not met?
A. What are the Act's provisions for sanctions?
B. What Federal implementation plan provisions apply if a state
fails to submit an approvable plan?
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On September 14, 2017 (82 FR 43209), the EPA published a Notice of
Proposed Rulemaking that proposed to conditionally approve the State of
New York's December 22, 2014 State Implementation Plan (SIP)
submittal,\1\ for purposes of implementing Reasonably Available Control
Technology (RACT) \2\ for the 2008 8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard). The EPA proposed to approve New
York's Ozone Transport Region RACT SIP as it applies to non-control
technique guideline major sources of VOCs and major sources of oxides
of nitrogen. The EPA also proposed to approve the State of New York's
state-wide non-attainment new source review certification as sufficient
for purposes of satisfying the 2008 8-hour ozone NAAQS.\3\ In addition,
the EPA proposed to approve New York's certification that there are no
sources within the State for the following CTGs: (a) Manufacture of
Vegetable Oils and (b) Application of Agricultural Pesticides.
---------------------------------------------------------------------------
\1\ New York supplemented its SIP submittal by letter dated
September 6, 2017.
\2\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
\3\ New York's nonattainment new source review certification
addresses both the New York-Northern New Jersey-Long Island, NY-NJ-
CT and the Jamestown nonattainment areas.
---------------------------------------------------------------------------
The proposed approval was conditioned on New York finalizing
revisions to RACT requirements related sources subject to the
industrial cleaning solvents control techniques guidelines (CTG). As
the SIP submittal indicates, the RACT requirements for the 2008 ozone
NAAQS have been fulfilled with the exception of sources subject to the
industrial cleaning solvents CTG. In the SIP submittal, New York
committed to address sources subject to this CTG through a timely
revision to Title 6 of the New York Codes, Rules and Regulations Part
226 entitled, ``Solvent Metal Cleaning Processes'' (6 NYCRR Part 226).
Therefore, consistent with section 110(k)(4) of the Clean Air Act
(CAA), the EPA's September 14, 2017 rulemaking, signed September 6,
2017 and published September 14, 2017, proposed to conditionally
approve New York's December 2014 SIP submittal. On September 6, 2017,
New York supplemented its SIP submittal with a letter to the EPA
committing to fulfill the requirements of the industrial cleaning
solvents CTG by finalizing revisions to Part 226 by November 30, 2018.
Therefore, based on the State's September 6, 2017 commitment letter,
the EPA is conditionally approving New York's December 2014 SIP
submittal, as it applies to CTG requirements for VOC major sources, for
purposes of implementing RACT statewide for the 2008 8-hour ozone
NAAQS.
The specific details of New York's December 2014 SIP submittal and
the rationale for the EPA's approval action are explained in the EPA's
proposed rulemaking and are not restated in this
[[Page 58343]]
final action. For this detailed information, the reader is referred to
the EPA's September 14, 2017 proposed rulemaking (82 FR 43209).
II. What comments were received in response to the EPA's proposed
action?
In response to the EPA's September 14, 2017 proposed rulemaking on
New York's December 2014 SIP submittal, the EPA received the following
four comments summarized below. The specific comments may be viewed
under Docket ID Number EPA-R02-OAR-2017-0459 on the https://www.regulations.gov Website.
Comment 1: An anonymous citizen comments that he or she ``believes
the proposed rule will help improve the environment greatly.''
Response 1: The EPA acknowledges the commenter's support of the
EPA's proposed rule.
Comment 2: A New York State citizen provides extensive comments
related to the EPA's encouragement (see 82 FR 43209 (September 14,
2017)) to New York to strengthen its ozone SIP by adopting and
submitting as a SIP revision additional control measures needed for
attainment of the 8-hour ozone NAAQS as it relates to: The adoption of
more stringent emission limits for simple cycle combustion turbines
firing distillate oil or more than one fuel and submitting a SIP
revision that addresses HEDD (High Electric Demand Day) sources. The
citizen states that regional ozone modeling that analyzes emissions
data from 2015 or 2016 is necessary before New York should consider,
much less implement, the SIP revisions that EPA ``encourages'' New York
to adopt and submit as SIP revisions.
The commenter states that he had prepared comments and analyses
that support his recommendation to do further modeling before
implementing any further controls. The commenter states that he had
compared NOX emissions from all New York sources reporting
NOX emissions to EPA and all New York combustion turbines
with ozone concentration measurements at the Fairfield, CT ozone
monitoring station on all Ozone Season days with valid observations at
this monitoring station from 2006 to 2016. The commenter states that
the Fairfield monitoring site is the downwind ambient monitor with the
highest New York impact according to EPA's modeling for its Cross-State
Air Pollution Rule (CSAPR). The commenter notes that all combustion
turbines that meet this criterion are either in New York City or on
Long Island. The commenter's detailed 52-page modeling and statistical
summary appears in Attachment 1 to his October 11, 2017 comment letter.
The commenter's summary concludes that the ``results indicate that
refined modeling with recent emissions has to be performed to confirm
that further controls will reduce ozone enough to warrant further
controls on any of the New York sources included in this analysis.''
The commenter concludes his letter by stating that there are
complex meteorological conditions during ozone episodes downwind of New
York (land and sea breezes, elevated terrain concerns, and the
nocturnal boundary layer structure along the coast) that need to be
incorporated into regional ozone modeling analyses. The commenter
states that if regional ozone modeling analyses that use post-2015
emissions data and incorporate complex meteorology are not used then
New York runs the risk of implementing a control program that cannot
succeed. Concluding, the commenter states, ``Given the level of effort
and time doing the modeling right it might be necessary to delay
implementation of further SIP control requirements.''
Response 2: The EPA thanks the commenter for the detailed analyses
and recommendations with respect to the additional control measures.
These comments are not germane to the EPA's proposed approval of New
York's December 2014 SIP but rather are relevant to future planning
requirements associated with the moderate area classification. The EPA,
therefore, is not responding to them in this action. These detailed
modeling and statistical analyses are best directed to New York State
as the State develops planning requirements for progressing, under
moderate area classification, toward attainment of the 8-hour ozone
standard.
Comment 3: Similar to Comment 2 above, a comment from the
Environmental Energy Alliance of New York, LLC (the ``Alliance'')
provides extensive comments related to the EPA's encouragement (see 82
FR 43209, September 14, 2017) to New York to strengthen its ozone SIP
by adopting and submitting as a SIP revision with additional control
measures needed for attainment of the 8-hour ozone NAAQS as it relates
to more stringent emission limits on simple cycle turbines units and
peaking units that operate on high electric demand days (HEDD).
Alliance members own and operate electric generating and transmission
and distribution facilities throughout New York and elsewhere. Alliance
members operate the majority of the peaking units in the New York
Metropolitan Area (NYMA).
The Alliance expresses concern that the imposition of emission
limits needs to be balanced with the need to maintain reliable
electricity service to New York. While the Alliance supports New York's
and the EPA's efforts to reach attainment of the ozone NAAQS, the
Alliance suggests that the need to reduce emissions in the NYMA and the
Alliance's requirement to maintain reliable service to its customers is
a more complex issue than simply imposing more stringent emission
limits. The Alliance comments that there are over 100 peaking turbines
(about 3000 megawatts (MW)) in the NYMA to maintain system reliability
and support renewables. The Alliance states that with the impending
closure of 2000 MW of nuclear generation, the combined effect of the
peaking unit regulation changes and retirements suggests any new rule
implementation should proceed with flexibility and caution.
The Alliance states that it has worked cooperatively with New York
to develop an approach to replace, repower, or retrofit controls of
existing peaking units. The Alliance's October 16, 2017 comment letter
includes as an attachment a September 8, 2017 letter commenting on New
York's July 25, 2017 pre-proposal entitled ``Combustion Turbine
(Peaking Unit) Pre-Proposal Outline'' which outlines, according to the
Alliance, New York's efforts to achieve attainment of the ozone NAAQS
in the NYMA as it relates to peaking units. In its September 2017
letter to New York, the Alliance expresses the hope to collectively
design cost-effective solutions compatible with the need to maintain
reliable service to ratepayers. In addition, in its September 2017
letter, the Alliance provides detailed comments and recommendations
related to the following issues: the compliance schedule, emission
limits, performance of control options, potential for collateral
increase in carbon monoxide, system averaging, emission limits for
dual-fueled units, compliance requirements during the interim period
before unit retirement, and alternative approaches to NOX
reductions in the NYMA.
Response 3: The EPA appreciates the Alliance's comments with
respect to their concern for electric system reliability within the
NYMA and the need for caution and flexibility when developing and
implementing new NOX control measures on peaking units. EPA
acknowledges the importance of maintaining reliable electric service to
[[Page 58344]]
ratepayers while implementing new NOX controls.
These extensive and detailed comments concerning the connection
between reliability of the electric grid and the development and
implementation of NOX emission limits on electric generating
units are best directed to New York State as the State engages in
planning for progressing, under moderate area classification, to
attainment of the 8-hour ozone standard. These comments relating to the
reliability of the electric grid are not germane as they do not
specifically address the EPA's proposed action on New York's December
2014 SIP submittal that addresses the implementation of RACT for the 8-
hour 2008 ozone standard.
Comment 4: The State of New Jersey Department of Environmental
Protection (NJDEP or New Jersey) comments that New York's December 2014
RACT SIP will provide necessary emission reductions in NOX
and VOC for the New York-Northern New Jersey-Connecticut (NY-NJ-CT)
ozone nonattainment area to move towards attainment of the 2008 ozone
NAAQS (75 ppb ozone), but more still needs to be done for the area to
attain. NJDEP recommends that the EPA require New York to adequately
address three source categories that emit significant amounts of
emissions that impact ozone levels in the NY-NJ-CT area:
1. Adopt rules that reduce NOX emissions from peaking
turbines during high ozone days in the NY-NJ-CT area.
2. Adopt rules that reduce NOX emissions from stationary
engines used for demand-side management that generate electricity
during high ozone days in the NY-NJ-CT area.
3. Assess lightering operations in the New York harbor that emit
VOC from crude oil, gasoline, and other volatile product transfers.
As part of the State's October 10, 2017 comment letter, NJDEP
attached its August 20, 2014 comment letter to New York at the time New
York proposed its RACT SIP in 2014. NJDEP's August 2014 comment letter
to New York provides NJDEP's detailed arguments as to why New York
needs to address the above mentioned three source categories as RACT
sources. NJDEP states that the first two source categories are subject
to the New Jersey's RACT regulation but not the third source category
since there are no lightering operations in New Jersey waters. NJDEP
comments that New York, in finalizing its 2014 RACT SIP, did not
adequately address the same three source categories since New York
responded that the three source categories did not meet their
definition of RACT. NJDEP comments that it believes these source
categories should be covered under RACT requirements because they are
existing, major stationary sources for which reasonably available
control technology exists. NJDEP comments that the lightering
activities can be considered a major stationary source, similar to the
EPA's treatment of some airports for emissions inventory, since the
activities are occurring within established areas of New York Harbor.
NJDEP further comments that the State of Delaware has had regulations
addressing lightering activities since 2007 thus establishing
reasonably available control technology.
Response 4: The EPA appreciates the comments from NJDEP. NJDEP
recommends that New York consider the three source categories
identified in its comment as RACT but NJDEP does not provide supporting
technical details to demonstrate that certain control measures for
these three source categories can be considered RACT in New York.
As stated in our proposed rule dated September 14, 2017 (82 FR
43209), New York's December 22, 2014 SIP submittal included a response
to a comment that ``once the NYMA is reclassified to moderate
nonattainment for the 2008 ozone NAAQS and an attainment SIP is
required, DEC [New York] will undertake a review of its many
NOX control options to determine which would most
efficiently and effectively reduce emissions in the NYMA.'' New York
made a similar response to a comment related to VOC emissions from
lightering operations. Since the NYMA was reclassified from a marginal
to a moderate nonattainment area on May 4, 2016 (81 FR 26697),
effective June 3, 2016, the following EPA response to NJDEP comments is
a recommendation that New York include, as part of its upcoming
attainment demonstration SIP for the 8-hour ozone NAAQS for the NYMA
moderate nonattainment area, an evaluation of the NJDEP and the EPA's
recommended additional control measures for purposes of reducing
additional NOX and VOC emissions.
In response to NJDEP's August 2014 letter, New York issued a
document entitled ``Assessment of Public Comments New York State
Implementation Plan for 8-hour Ozone: Reasonably Available Control
Technology'' (Assessment) which is included in the docket for this
action. In its Assessment, New York responded to the three source
category comments from NJDEP as summarized below.
For peaking turbines, New York responded that peaking generating
units that exceed major source emission threshold are subject to the
State's NOX RACT regulation for combustion turbines and New
York maintained that these emission limits represent RACT for
combustion turbines. New York further responded that the most recently
adopted and SIP approved (78 FR 41846, July 12, 2013) NOX
RACT regulation requires case-by-case evaluations for combined-cycle
combustion turbines. New York further stated that combustion turbines
are also used as part of a system-wide averaging plan for
NOX RACT and therefore more stringent limits may not
necessarily result in a one-for-one reduction in NOX.
In response to New Jersey's comment, the EPA finds that New York's
OTR NOX RACT SIP submittal is sufficient. System-wide
averaging is an EPA approved RACT compliance option.
The EPA, however, encourages New York to evaluate whether
NOX emission limits, for the combustion turbines not part of
a system-wide averaging program, could be more stringent. As stated in
our September 2017 proposal, the EPA encourages New York to evaluate
lowering the NOX emission limit for simple cycle combustion
turbines combusting distillate oil or more than one fuel since New
York's neighboring states of New Jersey and Connecticut have more
stringent emission limits than New York's limit of 100 parts per
million (ppm). For this source category, Connecticut has adopted
NOX emission limits of 40-75 ppm for June 2018 and 40-75 ppm
for June 2023 and New Jersey's adopted limit is equivalent to 43 ppm.
In addition, the EPA encourages New York to propose and submit as a SIP
revision for the EPA's approval any revised case-by-case RACT
determinations for combined-cycle combustion turbines.
For stationary engines used for demand-side management, New York
responded in its Assessment that the majority of combustion engines
used for demand-side management are minor sources based on
NOX emission levels and are therefore not subject to RACT;
and engines that do exceed major source emission threshold are subject
to the State's NOX RACT regulation. New York maintained that
these requirements fulfill RACT.
In response to New Jersey's comment, the EPA herein responds that
we concur with New York's logic, as articulated in its Assessment (see
preceding paragraph) regarding RACT applicability for sources
considered minor and major. EPA nonetheless encourages New York to
consider a more stringent NOX emission limit for internal
combustion engines firing with
[[Page 58345]]
distillate oil (solely or in combination with other fuels) from the
current limit of 2.3 grams per brake horsepower-hour (g/bhp-hr) to the
limit adopted in Connecticut of 1.5 (for rich burn engine)-2.3 (for
lean burn engine) g/bhp-hr, starting in June 2023. In addition, New
Jersey's SIP approved (72 FR 41626, July 31, 2007) NOX RACT
regulation, Subchapter 19, includes a NOX emission limit of
1.5 g/bhp-hr for rich burn engines.
For lightering operations in the New York harbor, New York, in its
Assessment, responded that they do not consider tank vessels or service
vessels to be stationary sources; such vessels are considered mobile
sources and are not permitted under the Title V stationary source
permitting program. New York concluded that it is not appropriate to
address lightering operations in the New York SIP. In response to New
Jersey's comment, the EPA finds that New York's OTR VOC RACT SIP
submittal is approvable given New York's current treatment of tank
vessels and service vessels.
The EPA recognizes that, as New Jersey indicates in its comment,
the State of Delaware regulates lightering operations in the State's
``Regulation No. 1124--Control of Volatile Organic Compound Emissions
(formally Regulation No. 24), section 46 entitled, Crude Oil Lightering
Operations.'' The EPA approved Delaware's VOC RACT Regulation 1124,
section 46, Crude Oil Lightering Operations, into the SIP on September
13, 2007 (72 FR 52285). As discussed above, in response to a comment
received by the State during its RACT rulemaking process, New York
states that, if the NYMA is reclassified to moderate nonattainment,
``New York will investigate the need and appropriateness for additional
emission reductions and evaluate lightering controls and/or other
emission reductions strategies in order to determine the most effective
manner in which to attain the ozone NAAQS.'' Therefore, the EPA
recommends that New York review the lightering operations in New York's
harbor for possible applicability to RACT as it relates to New York's
future submittal of its attainment SIP for the NYMA nonattainment area.
To summarize, since the NYMA has been reclassified from marginal to
a moderate nonattainment area, New York is required to submit a new
RACT determination as part of the State's attainment demonstration for
the 2008 ozone standard for the NYMA moderate nonattainment area. New
York should include an evaluation of the three source categories
suggested by NJDEP, as well as the other recommendations discussed by
the EPA as in the September 14, 2017 proposal, in its RACT evaluation
as part of the State's attainment demonstration for the 2008 ozone
standard.
III. What action is the EPA taking?
The EPA is conditionally approving New York's statewide RACT
submittal dated December 22, 2014, as supplemented on September 6,
2017, for purposes of satisfying the 2008 8-hour ozone standard RACT
requirement, as it applies to CTG requirements for VOC major sources.
New York must meet its commitment to adopt a revised Part 226 by
November 30, 2018.
The EPA is approving the remainder of New York's OTR RACT SIP
submittal, as it applies to non-CTG major sources of VOCs and to major
sources of NOX.
The EPA is also approving New York's non-attainment new source
review certification, state-wide, as sufficient for purposes of the
2008 ozone NAAQS. Finally, the EPA is approving New York's
certification that there are no sources within the State for the
following CTGs: (a) Manufacture of Vegetable Oils and (b) Application
of Agricultural Pesticides.
Under section 110(k) of the CAA, the EPA may conditionally approve
a plan revision based on a commitment by the State to adopt specific
enforceable measures by a date certain but not later than one year
after the date of approval of the plan revision. If New York meets its
commitment within the applicable time frame, the conditionally approved
submission will remain as part of the SIP until the EPA takes final
action approving or disapproving the SIP requirement in question. If
New York fails to meet its commitment within the specified time period,
the conditional approval will, by operation of law, become a
disapproval. If the conditional approval becomes a disapproval, this
commitment will no longer be a part of the approved SIP for New York,
and an 18-month clock for sanctions under CAA section 179(a)(2) and a
two-year clock for a federal implementation plan (FIP) under CAA
section 110(c)(1) would commence. The EPA subsequently will publish a
document in the Federal Register notifying the public that the
conditional approval converted to a disapproval.
IV. What are the consequences if the condition is not met?
The Act provides for the imposition of sanctions and the
promulgation of a FIP if States fail to correct any deficiencies
identified by the EPA in a final disapproval action within certain
timeframes.
A. What are the Act's provisions for sanctions?
If the EPA disapproves a required SIP submittal or component of a
SIP submittal, section 179(a) provides for the imposition of sanctions
unless the deficiency is corrected within 18 months of the final
disapproval. The first sanction would apply 18 months after the EPA
disapproves the SIP submittal or if the State fails to make the
required submittal. Under the EPA's sanctions regulations, 40 CFR
52.31, the first sanction would be 2:1 offsets for sources subject to
the new source review requirements under section 173 of the Act. If the
State has still failed to submit a SIP 6 months after the first
sanction is imposed, the second sanction will apply. The second
sanction is a limitation on the receipt of Federal highway funds. The
EPA also has authority under section 110(m) to sanction a broader area.
B. What Federal implementation plan provisions apply if a state fails
to submit an approvable plan?
In addition to sanctions, if the EPA finds that a State failed to
submit the required SIP revision or disapproves the required SIP
revision, or a portion thereof, the EPA must promulgate a FIP no later
than 2 years from the date of the finding if the deficiency has not
been corrected.
V. 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, EPA's role is to approve state
choices, provided that 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 Orders 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
[[Page 58346]]
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 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 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 12, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: November 29, 2017.
Peter D. Lopez,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. In Sec. 52.1670, the table in paragraph (e) is amended by adding
the entries ``2008 8-hour Ozone RACT analysis'' and ``2008 8-hour Ozone
Nonattainment New Source Review Requirements'' at the end of the table
to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New York Nonregulatory and Quasi-Regulatory Provision
----------------------------------------------------------------------------------------------------------------
New York
Action/SIP element Applicable geographic submittal EPA approval Explanation
or nonattainment area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 8-hour Ozone RACT analysis Statewide and to the 12/22/14 12/12/17 Full approval
New York portion of as it applies to non-
the New York-Northern CTG major sources of
New Jersey-Long Island VOCs and to major
(NY-NJ-CT) and the sources of NOX.
Jamestown 8-hour ozone Conditional
nonattainment areas. approval as it
applies to CTG for
VOC major sources.
2008 8-hour Ozone Nonattainment Statewide and to the 12/22/14 12/12/17 Full
New Source Review Requirements. New York portion of approval.
the New York-Northern
New Jersey-Long Island
(NY-NJ-CT) and the
Jamestown 8-hour ozone
nonattainment areas.
----------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 52.1683 by adding paragraphs (b)(2) and (3) and (p) to
read as follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(b) * * *
(2) Manufacture of Vegetable Oils.
(3) Application of Agricultural Pesticides.
* * * * *
(p)(1) The December 22, 2014 New York reasonably available control
technology (RACT) analysis plan, as supplemented on September 6, 2017,
submitted pursuant to the 2008 8-hour ozone national ambient air
quality standard (NAAQS), which applies to the entire State, including
the New York portion of the New York-Northern New Jersey-Long Island
(NY-NJ-CT) and the Jamestown 8-hour ozone marginal nonattainment areas,
is conditionally approved as it applies to the Clean Air Act control
techniques guidelines (CTG)
[[Page 58347]]
requirements for major sources of volatile organic compounds (VOC).
(2) The remainder of New York's December 22, 2014 RACT analysis
plan, pursuant to the 2008 8-hour ozone NAAQS as applied to the entire
State, including the New York portion of the NY-NJ-CT and the Jamestown
8-hour ozone marginal nonattainment areas, and as it applies to non-CTG
major sources of VOCs and to major sources of oxides of nitrogen
(NOX), is approved.
(3) The December 22, 2014 New York plan submittal providing a
nonattainment new source review (NNSR) certification as sufficient for
purposes of the state-wide 2008 8-hour ozone NAAQS, including the New
York portion of the NY-NJ-CT and the Jamestown 8-hour ozone
nonattainment areas, is approved.
[FR Doc. 2017-26657 Filed 12-11-17; 8:45 am]
BILLING CODE 6560-50-P