82 FR 21749 - Approval and Revision of Air Quality Implementation Plans; State of New York; Regional Haze State and Federal Implementation Plans
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 89 (May 10, 2017)
Federal Register Volume 82, Issue 89 (May 10, 2017)
| Page Range | 21749-21751 | |
| FR Document | 2017-09384 |
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)] [Proposed Rules] [Pages 21749-21751] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09384] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2017-0013; FRL-9960-68-Region 2] Approval and Revision of Air Quality Implementation Plans; State of New York; Regional Haze State and Federal Implementation Plans AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) proposes to approve a source-specific revision to the New York State Implementation Plan (SIP). This revision consists of a Best Available Retrofit Technology (BART) determination for the Danskammer Generating Station Unit 4. The SIP revision establishes emission limits for sulfur dioxide, oxides of nitrogen, and particulate matter that are identical to those set by the EPA's Federal Implementation Plan (FIP) for Danskammer Unit 4, which was promulgated in an action taken on August 28, 2012. The SIP revision also restricts Danskammer Unit 4 to combusting only natural gas. The EPA proposes to find that the SIP revision fulfills the requirements of the Clean Air Act and the EPA's Regional Haze Rule for BART at Danskammer Unit 4. In conjunction with this proposed approval, we propose to withdraw those portions of the FIP that address BART for Danskammer Unit 4. DATES: Comments must be received on or before June 9, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02- OAR-2017-0013 to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full [[Page 21750]] EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 1007-1866 at 212-637-3764 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. What action is the EPA proposing? II. What is the background information for this proposal? A. SIP and FIP Background B. Regional Haze Background C. EPA Action on New York's Regional Haze Submittals III. What is included in the NYSDEC SIP proposal? IV. What is the EPA's analysis of NYSDEC's submittal? V. Statutory and Executive Order Reviews Throughout this document whenever ``Agency,'' ``we,'' ``us,'' or ''our'' is used, we mean the EPA. I. What action is the EPA proposing? The EPA is proposing to approve a source-specific State Implementation Plan (SIP) revision for Unit 4 at the Danskammer Generating Station submitted by the New York State Department of Environmental Conservation (NYSDEC) on August 10, 2015, and supplemented by NYSDEC on August 5, 2016.\1\ Specifically, the EPA is proposing to approve emission limits for sulfur dioxide (SO2 ), oxides of nitrogen (NOX ), and particulate matter (PM) for Unit 4 at the Danskammer Generating Station that are equivalent to the emission limits established by the EPA's Federal Implementation Plan (FIP) that was promulgated on August 28, 2012 (77 FR 51915, 51928). The EPA is also proposing to approve a condition in the SIP revision that restricts Danskammer Unit 4 to combusting only natural gas. --------------------------------------------------------------------------- \1\ NYSDEC's August 10, 2015, submittal also included SIP revisions for LaFarge Building Materials and Rockville Centre Power Plant which we intend to act on separately. --------------------------------------------------------------------------- II. What is the background information for this proposal? This section provides a brief overview of the requirements of the Clean Air Act (CAA) and Regional Haze Rule that apply to this particular action. Please refer to our previous rulemakings on the New York Regional Haze SIP for additional background regarding the visibility protection provisions of the CAA and the Regional Haze Rule.\2\ --------------------------------------------------------------------------- \2\ 77 FR 24794 (April 25, 2012) (proposed rule); 77 FR 27162 (May 9, 2012) (Notice of Data Availability); 77 FR 51915 (Aug. 28, 2012) (final rule). --------------------------------------------------------------------------- A. SIP and FIP Background The CAA requires each state to develop plans to meet various air quality requirements, including protection of visibility. (CAA sections 110(a), 169A, and 169B). The plans developed by a state are referred to as SIPs. A state must submit its SIPs and SIP revisions to EPA for approval. Once approved, a SIP is federally enforceable, that is enforceable by the EPA and subject to citizen suits under the CAA. If a state fails to make a required SIP submittal or if we find that a state's required submittal is incomplete or unapprovable, then EPA must promulgate a FIP to fill this regulatory gap. (CAA section 110(c)(1)). B. Regional Haze Background In the 1977 Amendments to the CAA, Congress initiated a program for protecting visibility in the nation's national parks and wilderness areas. Section 169A(a)(1) of the CAA establishes as a national goal the ``prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas which impairment results from manmade air pollution.'' In 1990, Congress added section 169B to the CAA to address regional haze issues. On July 1, 1999, the EPA promulgated the Regional Haze Rule (RHR) (64 FR 35714). The requirement to submit a Regional Haze SIP applies to New York and all 50 states, the District of Columbia, and the Virgin Islands. 40 CFR 51.308(b) of the RHR required states to submit the first implementation plan addressing regional haze visibility impairment no later than December 17, 2007. C. EPA Action on New York's Regional Haze Submittals The EPA's final action on New York's Regional Haze SIP included approving 17 source-specific SIP revisions containing permits for Best Available Retrofit Technology (BART) and promulgating a FIP to address two sources where EPA disapproved New York's BART determinations-- Roseton Generating Station (Units 1 and 2) and the Danskammer Generating Station (Unit 4). 77 FR 51915 (August 28, 2012). On August 10, 2015, NYSDEC submitted a request for a source- specific SIP revision for Danskammer Unit 4 which would replace the EPA's FIP. In this action, the EPA proposes to approve the SIP revision and remove Danskammer Unit 4 from the FIP, but this action does not address the Roseton Generating Station still covered by the EPA's FIP. III. What is included in the NYSDEC SIP submittal? On August 10, 2015, NYSDEC submitted a request for a source- specific SIP revision for Danskammer Unit 4, which would replace the BART emission limits and related requirements in the EPA's FIP that were promulgated in the Federal Register on August 28, 2012 (77 FR 51915). This SIP revision contained Danskammer Unit 4's Title V permit conditions 61-64. In a letter to NYSDEC dated July 14, 2016, the EPA requested that NYSDEC supplement its August 10, 2015 SIP submittal. Specifically, the EPA requested that NYSDEC submit Danskammer Unit 4's Title V permit condition 55.6 (at pages 48 and 49 of the permit), which restricts Unit 4 to combusting only natural gas. The EPA also requested that NYSDEC submit a copy of the April 1, 2015 public notice as published in NYSDEC's Environmental Notice Bulletin (ENB). In a letter dated August 5, 2016, NYSDEC submitted to the EPA (1) permit condition 55.6 (pages 48 and 49) of Dankskammer Unit 4's Title V permit that was renewed on February 24, 2015, which permits Unit 4 to combust natural gas only and (2) a copy of NYSDEC's April 1, 2015 ENB that noticed the proposed Danskammer SIP revision. IV. What is the EPA's analysis of NYSDEC's submittal? In its submittal, NYSDEC includes BART emission limits for Danskammer Unit 4 that are identical to those contained in the EPA's FIP: 0.12 pounds NOX per million Btu (lb/MMBtu) calculated on a 24-hour average during the ozone season and on a 30-day average during the rest of the year; 0.09 lb SO2 /MMBtu calculated on a 24-hour average; and 0.06 lb PM/MMBtu calculated on a 1-hour average. NYSDEC also includes a condition that restricts Danskammer Unit 4 to combusting only natural gas. The EPA is proposing to approve NYSDEC's SIP submittal because it is more stringent than the EPA's FIP. The SIP submittal includes BART emission limits for SO2 , NOX , and PM and related administrative requirements (i.e., monitoring, recordkeeping and reporting requirements) that are identical to those in the EPA's FIP. Moreover, the SIP submittal includes a [[Page 21751]] condition that restricts Dankskammer Unit 4 to combusting only natural gas, which will have the effect of further reducing visibility- impairing emissions, particularly SO2 and PM. Consequently, the EPA proposes to withdraw those portions of the FIP that address BART for Danskammer Unit 4. The EPA will fully consider all significant comments on these proposed actions. VI. Statutory and Executive Order Reviews In reviewing NYSDEC's SIP submittal, the EPA's role is to approve state choices if they meet the requirements of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). This action does not have tribal implications as specified by Executive Order 13175. The SIP revision submitted by NYSDEC is not approved to apply on any Indian reservation land or in any other areas where the EPA or Tribal Nation has demonstrated that a Nation has jurisdiction. Thus Executive Order 13175 does not apply to this proposed rule. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: March 10, 2017. Catherine R. McCabe, Acting Regional Administrator, Region 2. [FR Doc. 2017-09384 Filed 5-9-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules 21749
Dated: April 20, 2017. official comment and should include ENVIRONMENTAL PROTECTION
Robert A. Kaplan, discussion of all points you wish to AGENCY
Acting Regional Administrator, Region 5. make. EPA will generally not consider
[FR Doc. 2017–09383 Filed 5–9–17; 8:45 am] comments or comment contents located 40 CFR Part 52
BILLING CODE 6560–50–P outside of the primary submission (i.e. [EPA–R02–OAR–2017–0013; FRL–9960–68–
on the web, cloud, or other file sharing Region 2]
system). For additional submission
ENVIRONMENTAL PROTECTION methods, please contact the person Approval and Revision of Air Quality
AGENCY identified in the ‘‘For Further Implementation Plans; State of New
Information Contact’’ section. For the York; Regional Haze State and Federal
40 CFR Part 52 Implementation Plans
full EPA public comment policy,
[EPA–R05–OAR–2016–0707; FRL–9962–08– information about CBI or multimedia AGENCY: Environmental Protection
Region 5] submissions, and general guidance on Agency (EPA).
Air Plan Approval; Indiana; making effective comments, please visit ACTION: Proposed rule.
Commissioner’s Order for Carmeuse http://www2.epa.gov/dockets/
commenting-epa-dockets. SUMMARY: The Environmental Protection
Lime, Inc. Agency (EPA) proposes to approve a
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: source-specific revision to the New York
Agency (EPA). Joseph Ko, Environmental Engineer, State Implementation Plan (SIP). This
ACTION: Proposed rule. Attainment Planning and Maintenance revision consists of a Best Available
Section, Air Programs Branch (AR–18J), Retrofit Technology (BART)
SUMMARY: The Environmental Protection Environmental Protection Agency, determination for the Danskammer
Agency (EPA) is proposing to approve, Region 5, 77 West Jackson Boulevard, Generating Station Unit 4. The SIP
as a revision to the Indiana State Chicago, Illinois 60604, (312) 886–7947, revision establishes emission limits for
Implementation Plan (SIP), a submittal ko.joseph@epa.gov. sulfur dioxide, oxides of nitrogen, and
from the Indiana Department of particulate matter that are identical to
Environmental Management (IDEM) to SUPPLEMENTARY INFORMATION: In the those set by the EPA’s Federal
EPA, dated December 22, 2016. The Final Rules section of this Federal Implementation Plan (FIP) for
submittal consists of an order issued by Register, EPA is approving the State’s Danskammer Unit 4, which was
the Commissioner of IDEM that SIP submittal as a direct final rule promulgated in an action taken on
establishes permanent and enforceable without prior proposal because the August 28, 2012. The SIP revision also
sulfur dioxide (SO2) emission limits for Agency views this as a noncontroversial restricts Danskammer Unit 4 to
Carmeuse Lime, Inc. (Carmeuse), submittal and anticipates no adverse combusting only natural gas. The EPA
applicable to its Gary, Indiana lime comments. A detailed rationale for the proposes to find that the SIP revision
manufacturing plant. IDEM submitted approval is set forth in the direct final fulfills the requirements of the Clean Air
this order so the area near Carmeuse can rule. If no adverse comments are Act and the EPA’s Regional Haze Rule
be designated ‘‘attainment’’ of the 2010 received in response to this rule, no for BART at Danskammer Unit 4. In
primary SO2 National Ambient Air further activity is contemplated. If EPA conjunction with this proposed
Quality Standards, a matter that will be receives adverse comments, the direct approval, we propose to withdraw those
addressed in a separate future portions of the FIP that address BART
final rule will be withdrawn and all
rulemaking. EPA’s approval of this for Danskammer Unit 4.
public comments received will be
order would make these SO2 emission DATES: Comments must be received on
limits and applicable reporting, addressed in a subsequent final rule
or before June 9, 2017.
recordkeeping, and compliance based on this proposed rule. EPA will
ADDRESSES: Submit your comments,
demonstration requirements part of the not institute a second comment period.
Any parties interested in commenting identified by Docket ID No. EPA–R02–
federally enforceable Indiana SIP. OAR–2017–0013 to http://
DATES: Comments must be received on
on this action should do so at this time.
www.regulations.gov. Follow the online
or before June 9, 2017. Please note that if EPA receives adverse
instructions for submitting comments.
ADDRESSES: Submit your comments,
comment on an amendment, paragraph, Once submitted, comments cannot be
identified by Docket ID No. EPA–R05– or section of this rule and if that edited or removed from Regulations.gov.
OAR–2016–0707 at http:// provision may be severed from the The EPA may publish any comment
www.regulations.gov or via email to remainder of the rule, EPA may adopt received to its public docket. Do not
aburano.douglas@epa.gov. For as final those provisions of the rule that submit electronically any information
comments submitted at Regulations.gov, are not the subject of an adverse you consider to be Confidential
follow the online instructions for comment. For additional information, Business Information (CBI) or other
submitting comments. Once submitted, see the direct final rule which is located information whose disclosure is
comments cannot be edited or removed in the Rules section of this Federal restricted by statute. Multimedia
from Regulations.gov. For either manner Register. submissions (audio, video, etc.) must be
of submission, EPA may publish any Dated: April 21, 2017. accompanied by a written comment.
comment received to its public docket. The written comment is considered the
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Robert A. Kaplan,
Do not submit electronically any official comment and should include
information you consider to be Acting Regional Administrator, Region 5. discussion of all points you wish to
Confidential Business Information (CBI) [FR Doc. 2017–09381 Filed 5–9–17; 8:45 am] make. The EPA will generally not
or other information whose disclosure is BILLING CODE 6560–50–P consider comments or comment
restricted by statute. Multimedia contents located outside of the primary
submissions (audio, video, etc.) must be submission (i.e. on the web, cloud, or
accompanied by a written comment. other file sharing system). For
The written comment is considered the additional submission methods, the full
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![Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules 21751
condition that restricts Dankskammer or in any other areas where the EPA or DATES: Written comments must be
Unit 4 to combusting only natural gas, Tribal Nation has demonstrated that a received on or before June 9, 2017.
which will have the effect of further Nation has jurisdiction. Thus Executive
ADDRESSES: Submit your comments,
reducing visibility-impairing emissions, Order 13175 does not apply to this
identified by Docket ID No. EPA–R04–
particularly SO2 and PM. Consequently, proposed rule.
OAR–2016–0213 at http://
the EPA proposes to withdraw those
List of Subjects in 40 CFR Part 52 www.regulations.gov. Follow the online
portions of the FIP that address BART
for Danskammer Unit 4. The EPA will Environmental protection, Air instructions for submitting comments.
fully consider all significant comments pollution control, Incorporation by Once submitted, comments cannot be
on these proposed actions. reference, Intergovernmental relations, edited or removed from Regulations.gov.
Nitrogen dioxide, Particulate matter, EPA may publish any comment received
VI. Statutory and Executive Order Reporting and recordkeeping to its public docket. Do not submit
Reviews requirements, Sulfur oxides. electronically any information you
In reviewing NYSDEC’s SIP submittal, consider to be Confidential Business
Authority: 42 U.S.C. 7401 et seq.
the EPA’s role is to approve state Information (CBI) or other information
choices if they meet the requirements of Dated: March 10, 2017. whose disclosure is restricted by statute.
the CAA. Accordingly, this action Catherine R. McCabe, Multimedia submissions (audio, video,
merely approves state law as meeting Acting Regional Administrator, Region 2. etc.) must be accompanied by a written
Federal requirements and does not [FR Doc. 2017–09384 Filed 5–9–17; 8:45 am] comment. The written comment is
impose additional requirements beyond BILLING CODE 6560–50–P considered the official comment and
those imposed by state law. For that should include discussion of all points
reason this action: you wish to make. EPA will generally
• Is not a ‘‘significant regulatory ENVIRONMENTAL PROTECTION not consider comments or comment
action’’ subject to review by the Office AGENCY contents located outside of the primary
of Management and Budget under submission (i.e. on the web, cloud, or
Executive Order 12866 (58 FR 51735, 40 CFR Part 52 other file sharing system). For
October 4, 1993); [EPA–R04–OAR–2016–0213; FRL–9961–91- additional submission methods, the full
• does not impose an information Region 4] EPA public comment policy,
collection burden under the provisions information about CBI or multimedia
of the Paperwork Reduction Act (44 Air Plan Approval; Kentucky; submissions, and general guidance on
U.S.C. 3501 et seq.); Infrastructure Requirements for the making effective comments, please visit
• is certified as not having a 2012 PM2.5 National Ambient Air http://www2.epa.gov/dockets/
significant economic impact on a Quality Standard commenting-epa-dockets.
substantial number of small entities
under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT:
U.S.C. 601 et seq.); Agency (EPA). Tiereny Bell, Air Regulatory
• does not contain any unfunded ACTION: Proposed rule. Management Section, Air Planning and
mandate or significantly or uniquely Implementation Branch, Air, Pesticides
affect small governments, as described SUMMARY: The Environmental Protection and Toxics Management Division, U.S.
in the Unfunded Mandates Reform Act Agency (EPA) is proposing to approve Environmental Protection Agency,
of 1995 (Pub. L. 104–4); portions of the State Implementation Region 4, 61 Forsyth Street SW.,
• does not have Federalism Plan (SIP) submission, submitted by the Atlanta, Georgia 30303–8960. Ms. Bell
implications as specified in Executive Commonwealth of Kentucky, Energy can be reached via electronic mail at
Order (64 FR 43255, August 10, 1999); and Environment Cabinet, Department bell.tiereny@epa.gov or the telephone
• is not an economically significant for Environmental Protection, through number (404) 562–9088.
regulatory action based on health or the Kentucky Division for Air Quality
(KDAQ), on February 8, 2016, to SUPPLEMENTARY INFORMATION:
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); demonstrate that the Commonwealth I. Background and Overview
• is not a significant regulatory action meets the infrastructure requirements of
subject to Executive Order 13211 (66 FR the Clean Air Act (CAA or Act) for the On December 14, 2012 (78 FR 3086,
28355, May 22, 2001); 2012 Annual Particulate Matter (PM2.5) January 15, 2013), EPA promulgated a
• is not subject to requirements of national ambient air quality standard revised primary annual PM2.5 NAAQS.
section 12(d) of the National (NAAQS). The CAA requires that each The standard was strengthened from
Technology Transfer and Advancement state adopt and submit a SIP for the 15.0 micrograms per cubic meter (mg/
Act of 1995 (15 U.S.C. 272 note) because implementation, maintenance and m3) to 12.0 mg/m3. Pursuant to section
application of those requirements would enforcement of each NAAQS 110(a)(1) of the CAA, states are required
be inconsistent with the CAA; and promulgated by EPA, which is to submit SIPs meeting the applicable
• does not provide EPA with the commonly referred to as an requirements of section 110(a)(2) within
discretionary authority to address as ‘‘infrastructure’’ SIP. KDAQ certified three years after promulgation of a new
appropriate, disproportionate human that the Kentucky SIP contains or revised NAAQS or within such
health or environmental effects, using provisions that ensure the 2012 Annual shorter period as EPA may prescribe.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
practicable and legally permissible PM2.5 NAAQS is implemented, Section 110(a)(2) requires states to
methods, under Executive Order 12898 enforced, and maintained in Kentucky. address basic SIP elements such as
(59 FR 7629, February 16, 1994). EPA is proposing to determine that requirements for monitoring, basic
This action does not have tribal Kentucky’s infrastructure submission, program requirements and legal
implications as specified by Executive submitted on February 8, 2016, authority that are designed to assure
Order 13175. The SIP revision addresses certain infrastructure attainment and maintenance of the
submitted by NYSDEC is not approved elements for the 2012 Annual PM2.5 NAAQS. States were required to submit
to apply on any Indian reservation land NAAQS. such SIPs for the 2012 Annual PM2.5
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Document Created: 2017-05-10 00:00:59
Document Modified: 2017-05-10 00:00:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before June 9, 2017. | |
| Contact | Edward J. Linky, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 1007-1866 at 212-637-3764 or by email at [email protected] | |
| FR Citation | 82 FR 21749 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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