Approval and Promulgation of Implementation Plans; New York; Ozone Season NOX, 43956-43960 [2021-16939]
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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
Court of Appeals for the appropriate
circuit by October 12, 2021. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 3, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
Subpart MM—Oregon
2. In § 52.1970, paragraph (c), amend
table 2 by revising the entries for ‘‘200–
0035’’ and ‘‘244–0030’’ and revising
footnote number 3 to read as follows:
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For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
§ 52.2470
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Identification of plan.
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(c) * * *
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TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1
State citation
State effective
date
Title/subject
EPA
approval
date
Explanations
CHAPTER 340—DEPARTMENT OF ENVIRONMENTAL QUALITY
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Division 200—General Air Pollution Procedures and Definitions
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200–0035 ................................ Reference Materials ...............
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8/11/2021, [Insert Federal
Register citation].
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Division 244—Oregon Federal Hazardous Air Pollutant Program 2 3
General Provisions for Stationary Sources
244–0030 ................................
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Definitions ..............................
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1/21/2021
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8/11/2021, [Insert Federal
Register citation].
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EPA approves Division 244 only to the extent needed to implement the requirements for gasoline dispensing facilities that are approved
into the SIP for the purpose of regulating VOC emissions.
3 The
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ACTION:
Final rule.
[FR Doc. 2021–16947 Filed 8–10–21; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R02–OAR–2020–0324, FRL–8832–02–
R2]
Approval and Promulgation of
Implementation Plans; New York;
Ozone Season NOX Controls for
Simple Cycle and Regenerative
Combustion Turbines
Environmental Protection
Agency (EPA).
AGENCY:
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The Environmental Protection
Agency (EPA) is approving a revision to
the New York State Implementation
Plan (SIP) as a SIP-strengthening
measure that is expected to further
control emissions of oxides of nitrogen
(NOx) to contribute to attainment and
maintenance of ozone standards. This
SIP strengthening measure goes beyond
what has already been approved as
satisfying the RACT requirements for
the 2008 ozone NAAQS. The EPA is
approving a SIP revision of a New York
regulation that lowers allowable NOx
emissions from simple cycle and
regenerative combustion turbines during
the ozone season. The intended effect of
this action is to approve control
SUMMARY:
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strategies that will reduce emissions and
help New York State attain and
maintain the national ambient air
quality standards for ozone.
This final rule is effective on
September 10, 2021.
DATES:
The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2020–0324. 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
ADDRESSES:
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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Fausto Taveras, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3378, or by email at
Taveras.Fausto@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. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. What is the background for this
action?
On February 26, 2021, the EPA
published a Notice of Proposed
Rulemaking that proposed to approve a
revision to the New York SIP submitted
by the State of New York on May 18,
2020. See 86 FR 11688. The SIP revision
includes a newly-adopted regulation,
Title 6 of the New York Code of Rules
and Regulations (NYCRR), Subpart 227–
3, ‘‘Ozone Season Oxides of Nitrogen
(NOx) Emission Limits for Simple Cycle
and Regenerative Combustion Turbines’’
(Subpart 227–3), meant to reduce NOx
emissions from simple cycle and
regenerative combustion turbines during
the ozone season. New York’s May 2020
SIP submittal applies to major sources
of NOx as a SIP-strengthening measure
for New York’s ozone SIP.
The EPA is also approving the
removal of New York’s previous 6
NYCRR Subpart 227–3, ‘‘Pre-2003
Nitrogen Oxides Emissions Budget and
Allowance Program’’ (New York’s 227–
3 Trading Program Regulation) from
New York’s SIP.1 New York’s 227–3
1 In the February 26, 2021 Notice of Proposed
Rulemaking (NPRM), the EPA mistakenly wrote that
it was ‘‘also proposing to approve into the SIP the
new version of 6 NYCRR Subpart 227–3, ‘‘Pre-2003
Nitrogen Oxides Emissions Budget and Allowance
Program’’ (New York’s 227–3 Trading Program
Regulation).’’ (Emphases added). The EPA, as stated
above, intended to propose to remove this previous
version of Subpart 227–3 from New York’s SIP. The
EPA’s intention to remove this version from New
York’s SIP was made clear by, for example, the
section of the NPRM entitled ‘‘Removal of New
York’s Nitrogen Oxides Emissions Budget and
Allowance Program (Ozone Control Periods 1999–
2002)’’ (86 FR at 11690–11691). The EPA received
no comments on this issue. Because the agency’s
intention was made clear, it has determined the
language in the NPRM provided adequate notice of
EPA’s intended proposal with respect to this
provision. Thus, the EPA is finalizing the removal
of New York’s 227–3 Trading Program Regulation
from New York’s SIP.
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Trading Program Regulation contained a
NOx emissions budget and allowance
trading system that is no longer in effect
and that New York repealed from the
New York Code of Rules and
Regulations on September 5, 2014.
The specific details of New York’s SIP
submittals and the rationale for the
EPA’s approval action are explained in
the EPA’s proposed rulemaking and are
not restated in this final action. For this
detailed information, the reader is
referred to the EPA’s February 26, 2021
proposed rulemaking. See 86 FR 11688.
II. What comments were received in
response to the EPA’s proposed action?
In response to EPA’s February 26,
2021 proposed rulemaking on New
York’s SIP revision, the EPA received
four comments during the 30-day public
comment period. The specific
comments may be viewed under Docket
ID Number EPA–R02–OAR–2020–0324
on the https://www.regulations.gov
website.
Comment 1: A Washington State
citizen commenter supports the EPA’s
proposed approval of New York’s SIP
revision since ‘‘. . . high levels of
nitrogen oxides are extremely
detrimental . . . and [the commenter
believes] that it would be in the best
interest of public health to lower the
allowable levels of the nitrogen oxides
allowed in NYC.’’
Response 1: The EPA acknowledges
the commenter’s support of the EPA’s
proposed rule.
Comment 2: An anonymous citizen
provided extensive comments regarding
the establishment of the Clean Air Act
and the impact of NOx emissions to the
environment. The commenter voices
support of the EPA’s proposed approval
since ‘‘. . . these turbines would be
beneficial when it comes to lowering
nitrous oxide emissions during the
warmer periods, and ozone seasons.’’
Response 2: The EPA acknowledges
the commenter’s support of the EPA’s
proposed rule.
Comment 3: A New York State citizen
provides extensive comments, in which
the commenter asks if the COVID–19
pandemic has impacted studies
concerning NOx. The commenter
provides a range of data about COVID–
19 and its impacts globally and across
the country.
Response 3: The EPA has determined
that this comment is outside the scope
of our proposed action. This comment
does not make specific claims about
how EPA should modify its proposed
action, and therefore the EPA will not
provide a specific response to this
comment.
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Comment 4: The Midwest Ozone
Group (MOG) submitted comprehensive
comments that urge the EPA to require
New York to impose all emission
controls for Simple Cycle Combustion
Turbines (SCCTs) units by 2023, instead
of the adopted 2025 final phase year.
MOG stated that a 2023 implementation
will ‘‘be consistent with the
nonattainment obligations of the [New
York Metropolitan Nonattainment Area,
or] NYMA.’’ MOG also provided details
on how NOx emissions from New
York’s SCCTs adversely impact upwind
states like Connecticut and argued that
EPA’s proposed approval fails to
recognize the impact on those upwind
states and the Good Neighbor Provisions
of the Clean Air Act. In addition, MOG
provided the following comments, and
extensive details for each, as follows:
1. In 2023, the only remaining ozone
monitor modeled to show
nonattainment in the Northeast is
located in the Connecticut portion of the
NYMA.
2. It has been well-established that
residual nonattainment in Connecticut
and the NYMA is being caused by SCCT
units in New York.
3. EPA should not allow, therefore,
New York to delay the implementation
of those controls beyond the Moderate
nonattainment date for the 2015 ozone
NAAQS.
MOG’s comment letter also included:
(1) Presentation slides distributed by the
EPA on the analysis of ozone trends in
the east in relation to interstate
transport, (2) MOG’s December 14, 2020
comment letter to the EPA regarding the
proposal of the Revised Cross-State Air
Pollution Rule Update for the 2008
Ozone NAAQS, and (3) a data analysis
presentation conducted by the
Stationary and Area Sources Committee
on high emitting Electric Generating
Units during High Electric Demand
Days throughout states within the
Ozone Transport Region. MOG referred
to these attachments throughout its
comment on EPA’s proposed action.
Response 4: The EPA reviewed
NYSDEC’s SIP revision to examine if
similar comments were presented
during the department’s assessment of
public comments for the proposal of
Subpart 227–3. Representatives from the
EPA, state agencies, environmental
organizations, and sustainable energy
organizations each submitted comments
that requested NYSDEC to have the
proposed 2025 NOx limits on SCCTs
take effect sooner. In the EPA’s case,
this is because the EPA wanted the SIPstrengthening provision to begin as
expeditiously as possible to enhance
New York’s ozone SIP. NYSDEC
responded to the comments by stating
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that it has consulted with
stakeholders—including environmental
justice organizations, environmental
groups, impacted source owners, the
NYISO, the Department of Public
Service, and the New York State Energy
Research and Development Authority—
during the development of the
regulation. NYSDEC stated that it chose
the 2025 timeframe to take into account
considerations of improving air quality
and maintaining electric system
reliability. NYSDEC has also factored in
the time demands for permitting and
implementing other requirements, such
as stack testing, and believes that the
compliance schedule in the regulation is
appropriate. After review, the EPA
concurs with NYSDEC’s assessment
because the compliance schedule will
provide adequate timing for owners or
operators of impacted SCCTs to retrofit
control technology, determine
compliance options, and replace or
retire older units in order to comply
with the more stringent emission limits.
The EPA also agrees with NYSDEC that
the chosen timeframe provides owners
and operators of SCCTs designated as a
reliability source, which represents a
significant amount of the impacted
SCCTs, an appropriate timeframe to
comply with the control requirements of
Subpart 227–3.
Further, the EPA finds the 2025
timeframe is appropriate because it
builds upon existing protections in
other New York regulations applicable
to SCCTs. For example, on July 12,
2013, the EPA published a final
approval that revised New York’s SIP
for ozone concerning the control of
NOx. See 78 FR 41846. The SIP revision
consisted of amendments to Title 6 of
the NYCRR, Subpart 227–2,
‘‘Reasonably Available Control
Technology (RACT) For Major Facilities
of Oxides of Nitrogen (NOx).’’ The
purpose of that SIP revision was to
impose more stringent emission limits
on major stationary sources of NOx that
contribute to regional and local
nonattainment of the 1997 and 2008
ozone standards. Included within this
EPA-approved regulation are emission
limits and system averaging for SCCTs
that apply year-round. Units applicable
to Subpart 227–3 already comply with
federally approved presumptive RACT
emission limits. And SCCTs that are
subject to Subpart 227–3 must also
comply with the provisions set in
Subpart 227–2 outside the ozone
season.2 When the EPA published the
2 Under
6 NYCRR Subpart 227–2, applicable
owners or operators of gas-fired SCCTs must
comply with a RACT NOx emission limit of 50
ppmvd outside the ozone season. While owners or
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final approval of New York’s Subpart
227–2, the EPA agreed that the emission
limits detailed for SCCTs were deemed
as RACT NOx limits. See 78 FR 41846,
(July 12, 2013). The purpose of Subpart
227–3 is to incorporate additional
emission requirements (beyond RACT
NOx limits) for SCCTs during the ozone
season only. The phased-in approach
outlined within Subpart 227–3 does not
create undue delay in emission
reductions because applicable SCCTs
comply with the EPA-approved NOx
RACT limits detailed in Subpart 227–2
year-round. The emission limits and
compliance schedule outlined in
Subpart 227–3 will result in further
NOx reductions throughout the NYMA
as expeditiously as practicable. The EPA
believes, therefore, that the additional
emission requirements listed within
Subpart 227–3 will strengthen New
York’s ozone SIP and help the state
attain the 2008 and 2015 national
ambient air quality standards for ozone.
III. What action is the EPA taking?
The EPA is approving New York’s SIP
revision submittal dated May 18, 2020,
for purposes of incorporating 6 NYCRR
Subpart 227–3, ‘‘Ozone Season Oxides
of Nitrogen (NOx) Emission Limits for
Simple Cycle and Regenerative
Combustion Turbines,’’ with a state
effective date of January 16, 2020. After
evaluating Subpart 227–3 for
consistency with the CAA, EPA
regulations, and EPA policy, the EPA
finds that the submission strengthens
New York’s ozone SIP and, as an added
benefit, will help New York State attain
and maintain the national ambient air
quality standards for ozone.
The EPA is also approving the
removal of New York’s previous 6
NYCRR Subpart 227–3,’’ Pre-2003
Nitrogen Oxides Emissions Budget and
Allowance Program’’, from New York’s
SIP. In addition to finding that New
York’s 227–3 Trading Program
Regulation is no longer in effect and that
New York repealed it from the New
York Code of Rules and Regulations, the
EPA has determined, as discussed in the
proposed rulemaking (see 86 FR 11688),
that New York’s 227–3 Trading Program
Regulation has been superseded by
other state and federal regulations that
required additional NOx ozone season
emission reductions. As the EPA
determined regarding New York’s CAIR
trading program rule (see 86 FR 11688),
the EPA does not believe that the
removal of New York’s 227–3 Trading
operators of oil-fired SCCTs must comply with a
RACT NOx limit of 100 ppmvd outside the ozone
season. The NOx emission limits are on a part per
million dry volume basis (ppmvd), corrected to
15% oxygen.
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Program Regulation from New York’s
SIP will interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of the NAAQS.
And as discussed in the proposed
rulemaking, New York’s 227–3 Trading
Program Regulation predates more
stringent rules and tighter NOx ozone
season budgets under the NOx SIP call,
CAIR, and CSAPR trading programs, as
well as New York NOx RACT rules; it
is not applicable to the current federal
or state regulatory framework. New York
also does not rely on emission
reductions from New York’s 227–3
Trading Program Regulation in any of its
nonattainment planning elements
required under CAA sections 110, 172,
or 182 and the EPA no longer operates
the NOx Budget Trading Program
allowing for the allocation and trading
of allowances.
Moreover, the removal of New York’s
227–3 Trading Program Regulation from
New York’s SIP will have no
consequences for the attainment and
maintenance of the NAAQS in any area,
now or in the future. Consistent with
CAA section 110(l), the EPA has
determined that the removal of New
York’s 227–3 Trading Program
Regulation will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the NAAQS.
Accordingly, the EPA finds that it is
appropriate to approve the removal of
New York’s 227–3 Trading Program
Regulation from the New York SIP.
The EPA is approving New York’s
May 18, 2020 SIP submittal as it applies
to major sources of NOx, as a SIPstrengthening measure for New York’s
ozone SIP.
IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of 6 NYCRR Part 227–3,
‘‘Ozone Season Oxides of Nitrogen
(NOx) Emission Limits for Simple Cycle
and Regenerative Combustion
Turbines,’’ the regulation described in
the amendments to 40 CFR part 52 set
forth below. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 2 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in New
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York’s SIP, have been incorporated by
reference by EPA into that SIP, are fully
federally enforceable under sections 110
and 113 of the CAA as of the effective
date of the final rulemaking of EPA’s
approval, and will be incorporated by
reference in the next update to the SIP
compilation.3
V. 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,
EPA’s role is to approve state choices,
provided they meet the criteria of the
CAA. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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 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 October 12, 2021.
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, Nitrogen Dioxide,
Intergovernmental Relations, Ozone,
Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 03, 2021.
Walter Mugdan,
Acting 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
(c) is amended by revising the entry
‘‘Title 6, Part 227, Subpart 227–3’’ to
read as follows:
■
§ 52.1670
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Identification of plan.
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EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
Title/subject
State effective
date
EPA approval date
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Ozone Season Oxides of Nitrogen
(NOx) Emission Limits for Simple
Cycle and Regenerative Combustion
Turbines.
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January 16, 2020 ...
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August 11, 2021 [Federal Register
page citation] EPA approval finalized
at [insert Federal Register citation].
State citation
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Title 6, Part 227,
Subpart 227–3.
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3 62
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FR 27968 (May 22, 1997).
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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
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in the FOR FURTHER INFORMATION
CONTACT section to schedule your
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[FR Doc. 2021–16939 Filed 8–10–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2021–0365; FRL–8705–02–
R7]
Interstate Transport Prongs 1 and 2 for
the 2010 Sulfur Dioxide (SO2) Standard
for Kansas and Nebraska
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Table of Contents
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) submissions from Kansas and
Nebraska addressing the Clean Air Act
(CAA or Act) interstate transport SIP
requirements for the 2010 Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS). These
submissions address the requirement
that each SIP contain adequate
provisions prohibiting air emissions that
will have certain adverse air quality
effects in other states. The EPA is
approving portions of these
infrastructure SIPs for the
aforementioned states as containing
adequate provisions to ensure that air
emissions in the states will not
significantly contribute to
nonattainment or interfere with
maintenance of the 2010 SO2 NAAQS in
any other state.
DATES: This final rule is effective on
September 10, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2021–0365. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 either electronically through
www.regulations.gov or in hard copy at
the Atmospheric Programs Section, Air
Quality Planning Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 7, 11201
Renner Boulevard, Lenexa, Kansas
66219. The EPA requests that if at all
possible, you contact the person listed
SUMMARY:
VerDate Sep<11>2014
17:21 Aug 10, 2021
Jkt 253001
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air Quality
Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7629, or by email at
keas.ashley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revisions been met?
III. What are the actions the EPA is taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
In this action, the EPA is approving
the prong 1 and prong 2 portions of
infrastructure SIP submissions
submitted by Kansas on April 7, 2020,
and Nebraska on October 27, 2020, as
demonstrating that the SIP contains
adequate provisions to ensure that air
emissions from sources in these states
will not significantly contribute to
nonattainment or interfere with
maintenance of the 2010 SO2 NAAQS in
any other state or each other. All other
applicable infrastructure SIP
requirements for these SIP submissions
are addressed in separate rulemakings.
As discussed in Section IV of the
proposed action (see 86 FR 31645), the
EPA first reviewed each state’s analysis
to assess how the state evaluated the
transport of SO2 to other states, the
types of information used in the
analysis and the conclusions drawn by
the state. The EPA then conducted a
weight of evidence analysis, including
review of each state’s submission and
other available information, including
air quality, emission sources and
emission trends within the state and in
bordering states to which it could
potentially contribute or interfere.1
1 This approval action is based on the information
contained in the administrative record for this
action and does not prejudge any other future EPA
action that may make other determinations
regarding any of the subject state’s air quality status.
Any such future actions, such as area designations
under any NAAQS, will be based on their own
administrative records and the EPA’s analyses of
information that becomes available at those times.
Future available information may include, and is
not limited to, monitoring data and modeling
analyses conducted pursuant to the EPA’s SO2 Data
Requirements Rule (80 FR 51052, August 21, 2015)
and information submitted to the EPA by states, air
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Please see the EPA’s proposed rule for
the full analysis of the state submittals.
The public comment period on the
EPA’s proposed rule opened on June 15,
2021, the date of its publication in the
Federal Register and closed on July 15,
2021. During this period, the EPA
received no comments.
II. Have the requirements for approval
of a SIP revision been met?
The State submissions have met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submissions also satisfied
the completeness criteria of 40 CFR part
51, appendix V. Kansas provided public
notice on its SIP revision from January
16, 2020, to February 17, 2020, and
received no comments. Nebraska
provided public notice on its SIP
revision from September 14, 2020, to
October 16, 2020, and received no
comments. In addition, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
III. What are the actions the EPA is
taking?
The EPA is taking final action to
approve the following submittals as
meeting the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I) for the 2010 SO2
NAAQS: Kansas’ April 7, 2020
submittal and Nebraska’s October 27,
2020 submittal. The EPA is finalizing
this approval based on our review of the
information and analysis provided by
each state, as well as additional relevant
information, as detailed in the EPA’s
proposed rule, which indicates that instate air emissions will not contribute
significantly to nonattainment or
interfere with maintenance of the 2010
SO2 NAAQS in any other state. This
action is being taken under section 110
of the CAA.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the CAA.
Accordingly, these proposed actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
agencies, and third party stakeholders such as
citizen groups and industry representatives.
E:\FR\FM\11AUR1.SGM
11AUR1
]]>Agencies
[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43956-43960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16939]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2020-0324, FRL-8832-02-R2]
Approval and Promulgation of Implementation Plans; New York;
Ozone Season NOX Controls for Simple Cycle and Regenerative Combustion
Turbines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the New York State Implementation Plan (SIP) as a SIP-
strengthening measure that is expected to further control emissions of
oxides of nitrogen (NOx) to contribute to attainment and
maintenance of ozone standards. This SIP strengthening measure goes
beyond what has already been approved as satisfying the RACT
requirements for the 2008 ozone NAAQS. The EPA is approving a SIP
revision of a New York regulation that lowers allowable NOx
emissions from simple cycle and regenerative combustion turbines during
the ozone season. The intended effect of this action is to approve
control strategies that will reduce emissions and help New York State
attain and maintain the national ambient air quality standards for
ozone.
DATES: This final rule is effective on September 10, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2020-0324. 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
[[Page 43957]]
available only in hard copy form. Publicly available docket materials
are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3378, 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. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On February 26, 2021, the EPA published a Notice of Proposed
Rulemaking that proposed to approve a revision to the New York SIP
submitted by the State of New York on May 18, 2020. See 86 FR 11688.
The SIP revision includes a newly-adopted regulation, Title 6 of the
New York Code of Rules and Regulations (NYCRR), Subpart 227-3, ``Ozone
Season Oxides of Nitrogen (NOx) Emission Limits for Simple
Cycle and Regenerative Combustion Turbines'' (Subpart 227-3), meant to
reduce NOx emissions from simple cycle and regenerative
combustion turbines during the ozone season. New York's May 2020 SIP
submittal applies to major sources of NOx as a SIP-
strengthening measure for New York's ozone SIP.
The EPA is also approving the removal of New York's previous 6
NYCRR Subpart 227-3, ``Pre-2003 Nitrogen Oxides Emissions Budget and
Allowance Program'' (New York's 227-3 Trading Program Regulation) from
New York's SIP.\1\ New York's 227-3 Trading Program Regulation
contained a NOx emissions budget and allowance trading
system that is no longer in effect and that New York repealed from the
New York Code of Rules and Regulations on September 5, 2014.
---------------------------------------------------------------------------
\1\ In the February 26, 2021 Notice of Proposed Rulemaking
(NPRM), the EPA mistakenly wrote that it was ``also proposing to
approve into the SIP the new version of 6 NYCRR Subpart 227-3,
``Pre-2003 Nitrogen Oxides Emissions Budget and Allowance Program''
(New York's 227-3 Trading Program Regulation).'' (Emphases added).
The EPA, as stated above, intended to propose to remove this
previous version of Subpart 227-3 from New York's SIP. The EPA's
intention to remove this version from New York's SIP was made clear
by, for example, the section of the NPRM entitled ``Removal of New
York's Nitrogen Oxides Emissions Budget and Allowance Program (Ozone
Control Periods 1999-2002)'' (86 FR at 11690-11691). The EPA
received no comments on this issue. Because the agency's intention
was made clear, it has determined the language in the NPRM provided
adequate notice of EPA's intended proposal with respect to this
provision. Thus, the EPA is finalizing the removal of New York's
227-3 Trading Program Regulation from New York's SIP.
---------------------------------------------------------------------------
The specific details of New York's SIP submittals and the rationale
for the EPA's approval action are explained in the EPA's proposed
rulemaking and are not restated in this final action. For this detailed
information, the reader is referred to the EPA's February 26, 2021
proposed rulemaking. See 86 FR 11688.
II. What comments were received in response to the EPA's proposed
action?
In response to EPA's February 26, 2021 proposed rulemaking on New
York's SIP revision, the EPA received four comments during the 30-day
public comment period. The specific comments may be viewed under Docket
ID Number EPA-R02-OAR-2020-0324 on the https://www.regulations.gov
website.
Comment 1: A Washington State citizen commenter supports the EPA's
proposed approval of New York's SIP revision since ``. . . high levels
of nitrogen oxides are extremely detrimental . . . and [the commenter
believes] that it would be in the best interest of public health to
lower the allowable levels of the nitrogen oxides allowed in NYC.''
Response 1: The EPA acknowledges the commenter's support of the
EPA's proposed rule.
Comment 2: An anonymous citizen provided extensive comments
regarding the establishment of the Clean Air Act and the impact of NOx
emissions to the environment. The commenter voices support of the EPA's
proposed approval since ``. . . these turbines would be beneficial when
it comes to lowering nitrous oxide emissions during the warmer periods,
and ozone seasons.''
Response 2: The EPA acknowledges the commenter's support of the
EPA's proposed rule.
Comment 3: A New York State citizen provides extensive comments, in
which the commenter asks if the COVID-19 pandemic has impacted studies
concerning NOx. The commenter provides a range of data about COVID-19
and its impacts globally and across the country.
Response 3: The EPA has determined that this comment is outside the
scope of our proposed action. This comment does not make specific
claims about how EPA should modify its proposed action, and therefore
the EPA will not provide a specific response to this comment.
Comment 4: The Midwest Ozone Group (MOG) submitted comprehensive
comments that urge the EPA to require New York to impose all emission
controls for Simple Cycle Combustion Turbines (SCCTs) units by 2023,
instead of the adopted 2025 final phase year. MOG stated that a 2023
implementation will ``be consistent with the nonattainment obligations
of the [New York Metropolitan Nonattainment Area, or] NYMA.'' MOG also
provided details on how NOx emissions from New York's SCCTs adversely
impact upwind states like Connecticut and argued that EPA's proposed
approval fails to recognize the impact on those upwind states and the
Good Neighbor Provisions of the Clean Air Act. In addition, MOG
provided the following comments, and extensive details for each, as
follows:
1. In 2023, the only remaining ozone monitor modeled to show
nonattainment in the Northeast is located in the Connecticut portion of
the NYMA.
2. It has been well-established that residual nonattainment in
Connecticut and the NYMA is being caused by SCCT units in New York.
3. EPA should not allow, therefore, New York to delay the
implementation of those controls beyond the Moderate nonattainment date
for the 2015 ozone NAAQS.
MOG's comment letter also included: (1) Presentation slides
distributed by the EPA on the analysis of ozone trends in the east in
relation to interstate transport, (2) MOG's December 14, 2020 comment
letter to the EPA regarding the proposal of the Revised Cross-State Air
Pollution Rule Update for the 2008 Ozone NAAQS, and (3) a data analysis
presentation conducted by the Stationary and Area Sources Committee on
high emitting Electric Generating Units during High Electric Demand
Days throughout states within the Ozone Transport Region. MOG referred
to these attachments throughout its comment on EPA's proposed action.
Response 4: The EPA reviewed NYSDEC's SIP revision to examine if
similar comments were presented during the department's assessment of
public comments for the proposal of Subpart 227-3. Representatives from
the EPA, state agencies, environmental organizations, and sustainable
energy organizations each submitted comments that requested NYSDEC to
have the proposed 2025 NOx limits on SCCTs take effect sooner. In the
EPA's case, this is because the EPA wanted the SIP-strengthening
provision to begin as expeditiously as possible to enhance New York's
ozone SIP. NYSDEC responded to the comments by stating
[[Page 43958]]
that it has consulted with stakeholders--including environmental
justice organizations, environmental groups, impacted source owners,
the NYISO, the Department of Public Service, and the New York State
Energy Research and Development Authority--during the development of
the regulation. NYSDEC stated that it chose the 2025 timeframe to take
into account considerations of improving air quality and maintaining
electric system reliability. NYSDEC has also factored in the time
demands for permitting and implementing other requirements, such as
stack testing, and believes that the compliance schedule in the
regulation is appropriate. After review, the EPA concurs with NYSDEC's
assessment because the compliance schedule will provide adequate timing
for owners or operators of impacted SCCTs to retrofit control
technology, determine compliance options, and replace or retire older
units in order to comply with the more stringent emission limits. The
EPA also agrees with NYSDEC that the chosen timeframe provides owners
and operators of SCCTs designated as a reliability source, which
represents a significant amount of the impacted SCCTs, an appropriate
timeframe to comply with the control requirements of Subpart 227-3.
Further, the EPA finds the 2025 timeframe is appropriate because it
builds upon existing protections in other New York regulations
applicable to SCCTs. For example, on July 12, 2013, the EPA published a
final approval that revised New York's SIP for ozone concerning the
control of NOx. See 78 FR 41846. The SIP revision consisted of
amendments to Title 6 of the NYCRR, Subpart 227-2, ``Reasonably
Available Control Technology (RACT) For Major Facilities of Oxides of
Nitrogen (NOx).'' The purpose of that SIP revision was to impose more
stringent emission limits on major stationary sources of NOx that
contribute to regional and local nonattainment of the 1997 and 2008
ozone standards. Included within this EPA-approved regulation are
emission limits and system averaging for SCCTs that apply year-round.
Units applicable to Subpart 227-3 already comply with federally
approved presumptive RACT emission limits. And SCCTs that are subject
to Subpart 227-3 must also comply with the provisions set in Subpart
227-2 outside the ozone season.\2\ When the EPA published the final
approval of New York's Subpart 227-2, the EPA agreed that the emission
limits detailed for SCCTs were deemed as RACT NOx limits. See 78 FR
41846, (July 12, 2013). The purpose of Subpart 227-3 is to incorporate
additional emission requirements (beyond RACT NOx limits) for SCCTs
during the ozone season only. The phased-in approach outlined within
Subpart 227-3 does not create undue delay in emission reductions
because applicable SCCTs comply with the EPA-approved NOx RACT limits
detailed in Subpart 227-2 year-round. The emission limits and
compliance schedule outlined in Subpart 227-3 will result in further
NOx reductions throughout the NYMA as expeditiously as practicable. The
EPA believes, therefore, that the additional emission requirements
listed within Subpart 227-3 will strengthen New York's ozone SIP and
help the state attain the 2008 and 2015 national ambient air quality
standards for ozone.
---------------------------------------------------------------------------
\2\ Under 6 NYCRR Subpart 227-2, applicable owners or operators
of gas-fired SCCTs must comply with a RACT NOx emission limit of 50
ppmvd outside the ozone season. While owners or operators of oil-
fired SCCTs must comply with a RACT NOx limit of 100 ppmvd outside
the ozone season. The NOx emission limits are on a part per million
dry volume basis (ppmvd), corrected to 15% oxygen.
---------------------------------------------------------------------------
III. What action is the EPA taking?
The EPA is approving New York's SIP revision submittal dated May
18, 2020, for purposes of incorporating 6 NYCRR Subpart 227-3, ``Ozone
Season Oxides of Nitrogen (NOx) Emission Limits for Simple Cycle and
Regenerative Combustion Turbines,'' with a state effective date of
January 16, 2020. After evaluating Subpart 227-3 for consistency with
the CAA, EPA regulations, and EPA policy, the EPA finds that the
submission strengthens New York's ozone SIP and, as an added benefit,
will help New York State attain and maintain the national ambient air
quality standards for ozone.
The EPA is also approving the removal of New York's previous 6
NYCRR Subpart 227-3,'' Pre-2003 Nitrogen Oxides Emissions Budget and
Allowance Program'', from New York's SIP. In addition to finding that
New York's 227-3 Trading Program Regulation is no longer in effect and
that New York repealed it from the New York Code of Rules and
Regulations, the EPA has determined, as discussed in the proposed
rulemaking (see 86 FR 11688), that New York's 227-3 Trading Program
Regulation has been superseded by other state and federal regulations
that required additional NOx ozone season emission reductions. As the
EPA determined regarding New York's CAIR trading program rule (see 86
FR 11688), the EPA does not believe that the removal of New York's 227-
3 Trading Program Regulation from New York's SIP will interfere with
any applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the NAAQS. And as
discussed in the proposed rulemaking, New York's 227-3 Trading Program
Regulation predates more stringent rules and tighter NOx ozone season
budgets under the NOx SIP call, CAIR, and CSAPR trading programs, as
well as New York NOx RACT rules; it is not applicable to the current
federal or state regulatory framework. New York also does not rely on
emission reductions from New York's 227-3 Trading Program Regulation in
any of its nonattainment planning elements required under CAA sections
110, 172, or 182 and the EPA no longer operates the NOx Budget Trading
Program allowing for the allocation and trading of allowances.
Moreover, the removal of New York's 227-3 Trading Program
Regulation from New York's SIP will have no consequences for the
attainment and maintenance of the NAAQS in any area, now or in the
future. Consistent with CAA section 110(l), the EPA has determined that
the removal of New York's 227-3 Trading Program Regulation will not
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
NAAQS.
Accordingly, the EPA finds that it is appropriate to approve the
removal of New York's 227-3 Trading Program Regulation from the New
York SIP.
The EPA is approving New York's May 18, 2020 SIP submittal as it
applies to major sources of NOx, as a SIP-strengthening measure for New
York's ozone SIP.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of 6 NYCRR Part
227-3, ``Ozone Season Oxides of Nitrogen (NOx) Emission Limits for
Simple Cycle and Regenerative Combustion Turbines,'' the regulation
described in the amendments to 40 CFR part 52 set forth below. EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 2 Office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information). Therefore, these
materials have been approved by EPA for inclusion in New
[[Page 43959]]
York's SIP, have been incorporated by reference by EPA into that SIP,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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, EPA's role is to approve state choices,
provided they meet the criteria of the CAA. Accordingly, this action
merely approves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 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 October 12, 2021. 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, Nitrogen Dioxide, Intergovernmental Relations, Ozone,
Reporting and recordkeeping requirements, Volatile Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 03, 2021.
Walter Mugdan,
Acting 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 (c) is amended by revising
the entry ``Title 6, Part 227, Subpart 227-3'' to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
--------------------------------------------------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 6, Part 227, Subpart 227-3... Ozone Season Oxides of January 16, 2020............... August 11, 2021 [Federal
Nitrogen (NOx) Emission Register page citation]
Limits for Simple Cycle EPA approval finalized at
and Regenerative [insert Federal Register
Combustion Turbines. citation].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 43960]]
* * * * *
[FR Doc. 2021-16939 Filed 8-10-21; 8:45 am]
BILLING CODE 6560-50-P
