82 FR 35738 - Approval and Promulgation of Implementation Plans; New York; Regional Haze Five-Year Progress Report State Implementation Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 146 (August 1, 2017)
Federal Register Volume 82, Issue 146 (August 1, 2017)
| Page Range | 35738-35741 | |
| FR Document | 2017-15991 |
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)] [Proposed Rules] [Pages 35738-35741] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15991] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2015-0498; FRL-9965-47-Region 2] Approval and Promulgation of Implementation Plans; New York; Regional Haze Five-Year Progress Report State Implementation Plan AGENCY: Environmental Protection Agency. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve New York State's regional haze progress report, submitted on June 16, 2015, as a revision to its State Implementation Plan (SIP). New York's SIP revision addresses requirements of the Clean Air Act and its implementing regulations that the State submit periodic reports describing progress toward reasonable progress goals established for regional haze and a determination of the adequacy of the State's existing regional haze SIP. New York's progress report notes that New York has implemented the measures in the regional haze SIP due to be in place by the date of the progress report and that visibility in federal Class I areas affected by emissions from New York State is improving and has already met the applicable reasonable progress goals for 2018. The EPA is proposing approval of New York's determination that the State's regional haze SIP is adequate to meet these reasonable progress goals for the first implementation period, which extends through 2018, and requires no substantive revision at this time. DATES: Comments must be received on or before August 31, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02- OAR-2015-0498 to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The Environmental Protection Agency (EPA) may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Robert F. Kelly, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. EPA's Evaluation of New York's SIP Revision A. Regional Haze Progress Report B. Determination of Adequacy of Existing Regional Haze Plan III. Proposed Action IV. Statutory and Executive Order Reviews I. Background States are required to submit a progress report in the form of a SIP revision that evaluates progress towards the reasonable progress goals (RPGs) for each mandatory Class I federal area \1\ (Class I area) within the state and in each Class I area outside the state which may be affected by emissions from within the state. 40 CFR 51.308(g). In addition, the provisions of 40 CFR 51.308(h) require states to submit, at the same time as the 40 CFR 51.308(g) progress report, a determination of the adequacy of the state's existing regional haze SIP. The progress report SIP for the first planning period is due five years after submittal of the initial regional haze SIP. On March 15, 2010, New York submitted the State's first regional haze SIP in accordance with 40 CFR 51.308.\2\ --------------------------------------------------------------------------- \1\ Areas designated as mandatory Class I federal areas consist of national parks exceeding 6,000 acres, wilderness areas and national memorial parks exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). Listed at 40 CFR part 81, subpart D. \2\ On August 28, 2012, at 77 FR 51915, EPA approved New York's regional haze SIP submittal addressing the requirements of the first implementation period for regional haze. The EPA promulgated a Federal Implementation Plan for Best Available Retrofit Technology (BART) for two sources where the EPA disapproved New York's BART determinations. --------------------------------------------------------------------------- On June 16, 2015, New York submitted, as a revision to its SIP, its progress report which detailed the progress made in the first planning period toward implementation of the Long Term Strategy (LTS) outlined in the 2010 regional haze SIP submittal, the visibility improvement measured at Class I areas affected by emissions from New York State, and a determination of the adequacy of the State's existing regional haze SIP. The EPA is proposing to approve New York's June 16, 2015 SIP submittal. II. EPA's Evaluation of New York's SIP Revision New York's report on progress made in the first implementation period toward reasonable progress goals for Class I areas affected by emissions from sources in New York (also known as a regional haze five- year progress report or progress report) was submitted to the EPA as a SIP revision. This progress report SIP submittal also included a determination that the State's existing regional haze SIP requires no substantive revision to achieve the established regional haze visibility improvement and emissions reduction goals for 2018. New York State, in section 1.4 of its 2010 regional haze SIP submittal, used data from the report in Appendix A of its plan Contributions to Regional Haze in the Northeast and Mid-Atlantic United States, to determine that emissions from sources in New York State contribute to visibility impairment in the following Class I areas: Acadia National Park, Maine, Brigantine Wildlife Refuge, New Jersey, Great Gulf Wilderness Area, New Hampshire, Lye Brook Wilderness Area, Vermont, Moosehorn National Wildlife Refuge, Maine, Presidential Range-Dry River Wilderness Area, New Hampshire, and Roosevelt-Campobello International Park, Maine/Canada. See 77 FR 24794, 24799 (April 25, 2012). There are no Class I areas in New York. Through the consultation process, New York agreed to reduce emissions by at least the amount obtained by the measures in the coordinated course of action agreed to by the Mid-Atlantic/Northeast Visibility Union (MANE-VU) \3\ to assure reasonable progress [[Page 35739]] toward preventing any future, and remedying any existing, impairment of visibility in the mandatory Class I areas within the MANE-VU region. These strategies are commonly referred to as the MANE-VU ``ask.'' The MANE-VU ``ask'' includes: A timely implementation of best available retrofit technology (BART) requirements, 90 percent or more reduction in sulfur dioxide (SO2 ) at 167 electric generating units (EGUs) ``stacks'' identified by MANE-VU (or comparable alternative measures), lower sulfur fuel oil (with limits specified for each state) and continued evaluation of other control measures.\4\ In summary, New York is on track to fulfill the MANE-VU ``ask'' by meeting the deadlines for BART requirements, as of the date of the progress report, for all BART-eligible facilities as described in section 4 of New York's progress report, instituting 90 percent or more control at New York's share of the 167 EGUs identified by MANE-VU (Table 4.3 in the progress report), and adoption of the lower limits for sulfur in fuel oil. --------------------------------------------------------------------------- \3\ MANE-VU is a collaborative effort of State governments, Tribal governments, and various federal agencies established to initiate and coordinate activities associated with the management of regional haze, visibility and other air quality issues in the Northeastern United States. Member State and Tribal governments include: Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Penobscot Indian Nation, Rhode Island, St. Regis Mohawk Tribe, and Vermont. \4\ The MANE-VU ``Ask'' was structured around the finding that SO2 emissions were the dominate visibility impairing pollutant at the Northeastern Class I areas and electrical generating units comprised the largest SO2 emission sector. See ``Regional Haze and Visibility in the Northeast and Mid- Atlantic States,'' January 31, 2001. --------------------------------------------------------------------------- A. Regional Haze Progress Report This section includes the EPA's analysis of New York's progress report SIP submittal, and an explanation of the basis of our proposed approval. New York's 2010 regional haze SIP \5\ included the following key measures: Control measures for the State's subject-to-BART sources, control measures for EGU stacks, and low sulfur fuel oil. New York has eleven of the 167 EGU stacks identified for control of SO2 emissions in the MANE-VU ``ask.'' Overall, New York's EGU stacks, as of the 2013 emission inventory, have reduced emissions by 97 percent, exceeding the MANE-VU ``ask.'' --------------------------------------------------------------------------- \5\ On August 28, 2012, (77 FR 51915), EPA finalized a limited approval of New York's March 15, 2010 SIP to address the first implementation period for regional haze. New York supplemented its SIP on August 2, 2010, April 16, 2012 and July 2, 2012. These supplements and a Federal Implementation Plan for two of New York's BART determinations are part of New York's plan to be evaluated by New York's progress report. --------------------------------------------------------------------------- Between the New York State regional haze SIP and EPA's BART FIP, New York has BART determinations for fifteen sources. As documented in Table 3.1 of New York's progress report, these sources are implementing BART controls, or have been shut down. New York has also adopted a State law reducing the sulfur content of fuel oil. The EPA, in approving New York regional haze SIP, approved the inclusion of the State sulfur in fuel law as a measure in New York's SIP. The EPA proposes to find that New York's analysis in its regional haze progress report SIP adequately addresses the applicable provisions under 40 CFR 51.308(g), as the State demonstrated the implementation of measures within New York, including applying BART at eligible sources. During the development of the regional haze SIP for the first planning period, MANE-VU and New York determined that SO2 was the greatest contributor to anthropogenic visibility impairment at Class I areas. Therefore, the bulk of visibility improvement achieved in the first planning period was expected to result from reductions in SO2 emissions from sources inside and outside of the State. Section 6 of New York's progress report shows the calculated reductions of SO2 and other pollutants from 2002 though 2011. Section 7 of New York's progress report details the SO2 emission reductions projected for 2018, compared with the 2011 emissions inventory. Pollutants that affect visibility, SO2 , nitrogen dioxide (NO2 ) and particulate matter (PM), have been reduced substantially from 2002, and all except NO2 already have lower emissions than projected for 2018. NO2 emissions, having been reduced from 1,125,263 tons per year in 2002 to 444,048 tons per year in 2011, are well on their way to achieving the 2018 projection of 323,203 tons per year (see Tables 7.4, 7.5 and 7.6 in New York's progress report). The EPA proposes to find New York has adequately addressed the provisions under 40 CFR 51.308(g). New York detailed the SO2 and nitrogen oxides (NOX ) reductions from the 2002 regional haze baseline to 2011, the most recently available year of data at the time of the development of New York's progress report. In addition, New York highlighted SO2 emissions reductions, as the pollutant targeted by MANE-VU states for the most reductions, from all of New York's EGUs during this same time period. The provisions under 40 CFR 51.308(g) also require that states with Class I areas within their borders provide information on current visibility conditions and the difference between current visibility conditions and baseline visibility conditions expressed in terms of five-year averages of these annual values. New York has no Class I areas, but the Class I areas affected by emissions from New York have current visibility conditions better than baseline conditions, approaching the conditions predicted for 2018. The Interagency Monitoring of Protected Visual Environments monitoring program (IMPROVE) provides data on the air pollutants that constitute regional haze. New York's progress report includes data from the IMPROVE sites at Class I areas affected by emissions from New York. The table shows the progress from the baseline 2000-2004 five-year average visibility through the most recent 2009-2013 five-year average visibility SIP. Table 2--Observed Visibility vs. Reasonable Progress Goals [All values in deciviews] ---------------------------------------------------------------------------------------------------------------- 2018 Class I area IMPROVE* site 2000-2004 5- 2009-2013 5- Met 2018 progress goal Reasonable year average year average already? progress goal ---------------------------------------------------------------------------------------------------------------- 20% Worst Days ---------------------------------------------------------------------------------------------------------------- Acadia National Park................. 22.9 17.9 Yes...................... 19.4 Moosehorn Wilderness Area **......... 21.7 16.8 Yes...................... 19.0 Great Gulf Wilderness Area ***....... 22.8 16.7 Yes...................... 19.1 Lye Brook Wilderness Area............ 24.4 18.8 Yes...................... 20.9 Brigantine Wilderness Area........... 29 23.8 Yes...................... 25.1 ---------------------------------------------------------------------------------------------------------------- [[Page 35740]] 20% Best Days ---------------------------------------------------------------------------------------------------------------- Acadia National Park................. 8.8 7.0 Yes...................... 8.8 Moosehorn Wilderness Area............ 9.2 6.7 Yes...................... 9.2 Great Gulf Wilderness Area........... 7.7 5.9 Yes...................... 7.7 Lye Brook Wilderness Area............ 6.4 4.9 Yes...................... 6.4 Brigantine Wilderness Area........... 14.3 12.3 Yes...................... 14.3 ---------------------------------------------------------------------------------------------------------------- * IMPROVE = Interagency Monitoring of Protected Visual Environments program. ** The IMPROVE monitor for Moosehorn Wilderness also represents Roosevelt Campobello International Park. *** The IMPROVE monitor for Great Gulf Wilderness also represents Presidential Range--Dry River Wilderness Area. Data from Tracking Visibility Progress, posted on NESCAUM's Web site at http://www.nescaum.org/topics/regional-haze/regional-haze-documents, supplemented by data from the IMPROVE network as included in New York's progress report. The EPA notes the substantial progress, as the Class I areas affected by emissions from New York State have already achieved and surpassed the 2018 RPGs. The EPA proposes to find New York provided the required information regarding visibility conditions to meet the applicable requirements under 40 CFR 51.308(g), specifically providing baseline visibility conditions (2000-2004), current conditions based on the most recently available IMPROVE monitoring data (2009-2013), and an assessment of the change in visibility impairment at its Class I areas. In its progress report SIP, New York presents data from statewide emissions inventories--New York's State Periodic Emissions Inventory-- developed for the years 2002 and 2011, plus projected inventories for 2018, for SO2 , NOX , fine particles with diameters that are generally 2.5 micrometers and smaller (PM2.5 ) and volatile organic compounds (VOCs). New York's emissions inventories include the following source classifications: Point, area, on-road mobile, and non-road mobile. The progress report also includes more detailed information on reductions in sulfur oxides (SOX ) emissions from EGUs, and PM, NOX and SOX from BART-eligible sources. Overall, New York's emissions that affect visibility were reduced in all sectors for all pollutants, except for area source NOX emissions, which increased by 15,000 tons per year, compared to the 681,000 ton per year decrease in total NOX emissions in New York State. Compared to the 2002 inventory New York used to model haze, actual emissions in 2011 were reduced by 81 percent for SO2 , 61 percent for NOX , and 28 percent for PM. The 2011 emissions from New York are below the projected 2018 emissions for SO2 and PM, and only about one-third more than the NOX emissions projected for 2018. Since New York is successfully implementing its emission reductions programs in its regional haze SIP, New York is on track for its emissions in 2018 to be lower than the emissions reductions modeled for 2018 in its 2010 haze SIP. The EPA is proposing to find that New York adequately addressed the provisions of 40 CFR 51.308(g). New York's progress report compared the most recent updated emission inventory data available at the time of the development of the progress report with the baseline emissions used in the modeling for the regional haze SIP. In its progress report SIP, New York did not find any significant changes in emissions of SOX , NOX and PM2.5 which might have impeded or limited progress during the first planning period. As noted earlier, haze at Class I areas affected by emissions from New York has improved to levels that meet or exceed the RPG. The EPA therefore proposes to approve New York's SIP submission. In its progress report SIP, New York concludes the elements and strategies relied on in its original regional haze SIP are sufficient to enable New York and neighboring states to meet all established RPGs. As shown in Table 2, visibility on least impaired and most impaired days from 2000 through 2013 has improved at all Class I areas affected by emissions from New York (and all RPGs have already been met). The EPA proposes to agree New York has adequately addressed the provisions for the first planning period progress reports. The EPA views this requirement as an assessment that should evaluate emissions and visibility trends and other readily available information. In its progress report, New York described the improving visibility trends using data from the IMPROVE network and the downward emissions trends in key pollutants in the State and the MANE-VU region. New York determined its regional haze SIP is sufficient to meet the RPGs for the Class I areas impacted by the State's emissions. New York does not have any Class I areas and is not required to monitor for visibility-impairing pollutants. New York's visibility monitoring strategy relies upon Class I areas' participation in the IMPROVE network. The EPA proposes to find New York has adequately addressed the requirements for a monitoring strategy for regional haze and proposes to determine no further modifications to the monitoring strategy are necessary. B. Determination of Adequacy of Existing Regional Haze Plan In its progress report, New York submitted a negative declaration to EPA regarding the need for additional actions or emission reductions in New York beyond those already in place and those to be implemented by 2018 according to New York's regional haze plan. In the 2015 SIP submittal, New York determined the existing regional haze SIP requires no further substantive revision at this time to achieve the RPGs for Class I areas affected by the State's sources. The basis for the State's negative declaration is the finding that visibility has improved at all Class I areas in the MANE-VU region. In addition, SO2 and PM emissions from the latest emission inventory for New York have decreased to levels below the projections for 2018. The EPA proposes to conclude that New York has adequately addressed the provisions under 40 CFR 51.308(h) because visibility and emission trends indicate that Class I areas impacted by New York's sources are meeting or exceeding the RPGs for 2018, and expect to continue to meet or exceed the RPGs for 2018. [[Page 35741]] III. Proposed Action The EPA is proposing to approve New York State's regional haze progress report as meeting the requirements of 40 CFR 51.308(g) and (h). IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175, November 18, 2015, because the SIP is not approved to apply in Indian country located in the state, and the EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Regional haze, Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: July 10, 2017. Walter Mugdan, Acting Regional Administrator, Region 2. [FR Doc. 2017-15991 Filed 7-31-17; 8:45 am] BILLING CODE 6560-50-P
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Nitrogen oxides, Particulate matter, electronically any information you On June 16, 2015, New York
Regional haze, Sulfur oxides. consider to be Confidential Business submitted, as a revision to its SIP, its
Authority: 42 U.S.C. 7401 et seq. Information (CBI) or other information progress report which detailed the
whose disclosure is restricted by statute. progress made in the first planning
Dated: July 10, 2017. Multimedia submissions (audio, video, period toward implementation of the
Walter Mugdan, etc.) must be accompanied by a written Long Term Strategy (LTS) outlined in
Acting Regional Administrator, Region 2. comment. The written comment is the 2010 regional haze SIP submittal,
[FR Doc. 2017–15997 Filed 7–31–17; 8:45 am] considered the official comment and the visibility improvement measured at
BILLING CODE 6560–50–P should include discussion of all points Class I areas affected by emissions from
you wish to make. The EPA will New York State, and a determination of
generally not consider comments or the adequacy of the State’s existing
ENVIRONMENTAL PROTECTION comment contents located outside of the regional haze SIP. The EPA is proposing
AGENCY primary submission (i.e., on the web, to approve New York’s June 16, 2015
cloud, or other file sharing system). For SIP submittal.
40 CFR Part 52 additional submission methods, the full II. EPA’s Evaluation of New York’s SIP
[EPA–R02–OAR–2015–0498; FRL–9965–47– EPA public comment policy, Revision
Region 2] information about CBI or multimedia
submissions, and general guidance on New York’s report on progress made
Approval and Promulgation of making effective comments, please visit in the first implementation period
Implementation Plans; New York; http://www2.epa.gov/dockets/ toward reasonable progress goals for
Regional Haze Five-Year Progress commenting-epa-dockets. Class I areas affected by emissions from
Report State Implementation Plan FOR FURTHER INFORMATION CONTACT:
sources in New York (also known as a
Robert F. Kelly, Air Programs Branch, regional haze five-year progress report
AGENCY: Environmental Protection or progress report) was submitted to the
Agency. Environmental Protection Agency, 290
EPA as a SIP revision. This progress
ACTION: Proposed rule. Broadway, 25th Floor, New York, New
report SIP submittal also included a
York 10007–1866, (212) 637–4249, or by
SUMMARY: The Environmental Protection determination that the State’s existing
email at kelly.bob@epa.gov.
Agency (EPA) is proposing to approve regional haze SIP requires no
SUPPLEMENTARY INFORMATION: substantive revision to achieve the
New York State’s regional haze progress
report, submitted on June 16, 2015, as Table of Contents established regional haze visibility
a revision to its State Implementation improvement and emissions reduction
I. Background
Plan (SIP). New York’s SIP revision II. EPA’s Evaluation of New York’s SIP goals for 2018. New York State, in
addresses requirements of the Clean Air Revision section 1.4 of its 2010 regional haze SIP
A. Regional Haze Progress Report submittal, used data from the report in
Act and its implementing regulations
B. Determination of Adequacy of Existing Appendix A of its plan Contributions to
that the State submit periodic reports
Regional Haze Plan Regional Haze in the Northeast and
describing progress toward reasonable III. Proposed Action Mid-Atlantic United States, to
progress goals established for regional IV. Statutory and Executive Order Reviews determine that emissions from sources
haze and a determination of the
I. Background in New York State contribute to
adequacy of the State’s existing regional
visibility impairment in the following
haze SIP. New York’s progress report States are required to submit a
Class I areas: Acadia National Park,
notes that New York has implemented progress report in the form of a SIP
Maine, Brigantine Wildlife Refuge, New
the measures in the regional haze SIP revision that evaluates progress towards
Jersey, Great Gulf Wilderness Area, New
due to be in place by the date of the the reasonable progress goals (RPGs) for
Hampshire, Lye Brook Wilderness Area,
progress report and that visibility in each mandatory Class I federal area 1
Vermont, Moosehorn National Wildlife
federal Class I areas affected by (Class I area) within the state and in
Refuge, Maine, Presidential Range-Dry
emissions from New York State is each Class I area outside the state which
River Wilderness Area, New Hampshire,
improving and has already met the may be affected by emissions from
and Roosevelt-Campobello International
applicable reasonable progress goals for within the state. 40 CFR 51.308(g). In
Park, Maine/Canada. See 77 FR 24794,
2018. The EPA is proposing approval of addition, the provisions of 40 CFR
24799 (April 25, 2012). There are no
New York’s determination that the 51.308(h) require states to submit, at the
Class I areas in New York.
State’s regional haze SIP is adequate to same time as the 40 CFR 51.308(g) Through the consultation process,
meet these reasonable progress goals for progress report, a determination of the New York agreed to reduce emissions by
the first implementation period, which adequacy of the state’s existing regional at least the amount obtained by the
extends through 2018, and requires no haze SIP. The progress report SIP for the measures in the coordinated course of
substantive revision at this time. first planning period is due five years action agreed to by the Mid-Atlantic/
DATES: Comments must be received on after submittal of the initial regional Northeast Visibility Union (MANE–
or before August 31, 2017. haze SIP. On March 15, 2010, New York VU) 3 to assure reasonable progress
ADDRESSES: Submit your comments, submitted the State’s first regional haze
identified by Docket ID No. EPA–R02– SIP in accordance with 40 CFR 51.308.2 promulgated a Federal Implementation Plan for
OAR–2015–0498 to the Federal Best Available Retrofit Technology (BART) for two
mstockstill on DSK30JT082PROD with PROPOSALS
1 Areas designated as mandatory Class I federal sources where the EPA disapproved New York’s
eRulemaking Portal: http://
areas consist of national parks exceeding 6,000 BART determinations.
www.regulations.gov. Follow the online acres, wilderness areas and national memorial parks 3 MANE–VU is a collaborative effort of State
instructions for submitting comments. exceeding 5000 acres, and all international parks governments, Tribal governments, and various
Once submitted, comments cannot be that were in existence on August 7, 1977 (42 U.S.C. federal agencies established to initiate and
edited or withdrawn. The 7472(a)). Listed at 40 CFR part 81, subpart D. coordinate activities associated with the
2 On August 28, 2012, at 77 FR 51915, EPA management of regional haze, visibility and other
Environmental Protection Agency (EPA) approved New York’s regional haze SIP submittal air quality issues in the Northeastern United States.
may publish any comment received to addressing the requirements of the first Member State and Tribal governments include:
its public docket. Do not submit implementation period for regional haze. The EPA Connecticut, Delaware, the District of Columbia,
VerDate Sep<11>2014 17:34 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\01AUP1.SGM 01AUP1](https://thefederalregister.org/doc/82_FR_35884/page/1.svg)
![Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules 35739
toward preventing any future, and Between the New York State regional 2002 to 444,048 tons per year in 2011,
remedying any existing, impairment of haze SIP and EPA’s BART FIP, New are well on their way to achieving the
visibility in the mandatory Class I areas York has BART determinations for 2018 projection of 323,203 tons per year
within the MANE–VU region. These fifteen sources. As documented in Table (see Tables 7.4, 7.5 and 7.6 in New
strategies are commonly referred to as 3.1 of New York’s progress report, these York’s progress report).
the MANE–VU ‘‘ask.’’ The MANE–VU sources are implementing BART The EPA proposes to find New York
‘‘ask’’ includes: A timely controls, or have been shut down. has adequately addressed the provisions
implementation of best available retrofit New York has also adopted a State under 40 CFR 51.308(g). New York
technology (BART) requirements, 90 law reducing the sulfur content of fuel detailed the SO2 and nitrogen oxides
percent or more reduction in sulfur oil. The EPA, in approving New York (NOX) reductions from the 2002 regional
dioxide (SO2) at 167 electric generating regional haze SIP, approved the haze baseline to 2011, the most recently
units (EGUs) ‘‘stacks’’ identified by inclusion of the State sulfur in fuel law available year of data at the time of the
MANE–VU (or comparable alternative as a measure in New York’s SIP. development of New York’s progress
measures), lower sulfur fuel oil (with The EPA proposes to find that New report. In addition, New York
limits specified for each state) and York’s analysis in its regional haze highlighted SO2 emissions reductions,
continued evaluation of other control progress report SIP adequately as the pollutant targeted by MANE–VU
measures.4 In summary, New York is on addresses the applicable provisions states for the most reductions, from all
track to fulfill the MANE–VU ‘‘ask’’ by under 40 CFR 51.308(g), as the State of New York’s EGUs during this same
meeting the deadlines for BART demonstrated the implementation of time period.
requirements, as of the date of the measures within New York, including
progress report, for all BART-eligible applying BART at eligible sources. The provisions under 40 CFR
facilities as described in section 4 of During the development of the 51.308(g) also require that states with
New York’s progress report, instituting regional haze SIP for the first planning Class I areas within their borders
90 percent or more control at New period, MANE–VU and New York provide information on current
York’s share of the 167 EGUs identified determined that SO2 was the greatest visibility conditions and the difference
by MANE–VU (Table 4.3 in the progress contributor to anthropogenic visibility between current visibility conditions
report), and adoption of the lower limits impairment at Class I areas. Therefore, and baseline visibility conditions
for sulfur in fuel oil. the bulk of visibility improvement expressed in terms of five-year averages
achieved in the first planning period of these annual values. New York has no
A. Regional Haze Progress Report was expected to result from reductions Class I areas, but the Class I areas
This section includes the EPA’s in SO2 emissions from sources inside affected by emissions from New York
analysis of New York’s progress report and outside of the State. Section 6 of have current visibility conditions better
SIP submittal, and an explanation of the New York’s progress report shows the than baseline conditions, approaching
basis of our proposed approval. calculated reductions of SO2 and other the conditions predicted for 2018.
New York’s 2010 regional haze SIP 5 pollutants from 2002 though 2011. The Interagency Monitoring of
included the following key measures: Section 7 of New York’s progress report Protected Visual Environments
Control measures for the State’s subject- details the SO2 emission reductions monitoring program (IMPROVE)
to-BART sources, control measures for projected for 2018, compared with the provides data on the air pollutants that
EGU stacks, and low sulfur fuel oil. New 2011 emissions inventory. Pollutants constitute regional haze. New York’s
York has eleven of the 167 EGU stacks that affect visibility, SO2, nitrogen progress report includes data from the
identified for control of SO2 emissions dioxide (NO2) and particulate matter IMPROVE sites at Class I areas affected
in the MANE–VU ‘‘ask.’’ Overall, New (PM), have been reduced substantially by emissions from New York. The table
York’s EGU stacks, as of the 2013 from 2002, and all except NO2 already shows the progress from the baseline
emission inventory, have reduced have lower emissions than projected for 2000–2004 five-year average visibility
emissions by 97 percent, exceeding the 2018. NO2 emissions, having been through the most recent 2009–2013 five-
MANE–VU ‘‘ask.’’ reduced from 1,125,263 tons per year in year average visibility SIP.
TABLE 2—OBSERVED VISIBILITY VS. REASONABLE PROGRESS GOALS
[All values in deciviews]
2000–2004 2009–2013 Met 2018 2018
Class I area IMPROVE* site 5-year 5-year progress Reasonable
average average goal already? progress goal
20% Worst Days
Acadia National Park .......................................................................................... 22.9 17.9 Yes .............. 19.4
Moosehorn Wilderness Area ** .......................................................................... 21.7 16.8 Yes .............. 19.0
Great Gulf Wilderness Area *** .......................................................................... 22.8 16.7 Yes .............. 19.1
Lye Brook Wilderness Area ............................................................................... 24.4 18.8 Yes .............. 20.9
Brigantine Wilderness Area ................................................................................ 29 23.8 Yes .............. 25.1
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Maine, Maryland, Massachusetts, New Hampshire, Class I areas and electrical generating units period for regional haze. New York supplemented
New Jersey, New York, Pennsylvania, Penobscot comprised the largest SO2 emission sector. See its SIP on August 2, 2010, April 16, 2012 and July
Indian Nation, Rhode Island, St. Regis Mohawk ‘‘Regional Haze and Visibility in the Northeast and 2, 2012. These supplements and a Federal
Tribe, and Vermont. Mid-Atlantic States,’’ January 31, 2001. Implementation Plan for two of New York’s BART
4 The MANE–VU ‘‘Ask’’ was structured around 5 On August 28, 2012, (77 FR 51915), EPA
determinations are part of New York’s plan to be
the finding that SO2 emissions were the dominate finalized a limited approval of New York’s March
evaluated by New York’s progress report.
visibility impairing pollutant at the Northeastern 15, 2010 SIP to address the first implementation
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![35740 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules
TABLE 2—OBSERVED VISIBILITY VS. REASONABLE PROGRESS GOALS—Continued
[All values in deciviews]
2000–2004 2009–2013 Met 2018 2018
Class I area IMPROVE* site 5-year 5-year progress Reasonable
average average goal already? progress goal
20% Best Days
Acadia National Park .......................................................................................... 8.8 7.0 Yes .............. 8.8
Moosehorn Wilderness Area .............................................................................. 9.2 6.7 Yes .............. 9.2
Great Gulf Wilderness Area ............................................................................... 7.7 5.9 Yes .............. 7.7
Lye Brook Wilderness Area ............................................................................... 6.4 4.9 Yes .............. 6.4
Brigantine Wilderness Area ................................................................................ 14.3 12.3 Yes .............. 14.3
* IMPROVE = Interagency Monitoring of Protected Visual Environments program.
** The IMPROVE monitor for Moosehorn Wilderness also represents Roosevelt Campobello International Park.
*** The IMPROVE monitor for Great Gulf Wilderness also represents Presidential Range—Dry River Wilderness Area.
Data from Tracking Visibility Progress, posted on NESCAUM’s Web site at http://www.nescaum.org/topics/regional-haze/regional-haze-docu-
ments, supplemented by data from the IMPROVE network as included in New York’s progress report.
The EPA notes the substantial emissions projected for 2018. Since New pollutants in the State and the MANE–
progress, as the Class I areas affected by York is successfully implementing its VU region. New York determined its
emissions from New York State have emission reductions programs in its regional haze SIP is sufficient to meet
already achieved and surpassed the regional haze SIP, New York is on track the RPGs for the Class I areas impacted
2018 RPGs. for its emissions in 2018 to be lower by the State’s emissions.
The EPA proposes to find New York than the emissions reductions modeled New York does not have any Class I
provided the required information for 2018 in its 2010 haze SIP. areas and is not required to monitor for
regarding visibility conditions to meet The EPA is proposing to find that visibility-impairing pollutants. New
the applicable requirements under 40 New York adequately addressed the York’s visibility monitoring strategy
CFR 51.308(g), specifically providing provisions of 40 CFR 51.308(g). New relies upon Class I areas’ participation
baseline visibility conditions (2000– York’s progress report compared the in the IMPROVE network. The EPA
2004), current conditions based on the most recent updated emission inventory proposes to find New York has
most recently available IMPROVE data available at the time of the adequately addressed the requirements
monitoring data (2009–2013), and an development of the progress report with for a monitoring strategy for regional
assessment of the change in visibility the baseline emissions used in the haze and proposes to determine no
impairment at its Class I areas. modeling for the regional haze SIP. further modifications to the monitoring
In its progress report SIP, New York In its progress report SIP, New York strategy are necessary.
presents data from statewide emissions did not find any significant changes in
inventories—New York’s State Periodic B. Determination of Adequacy of
emissions of SOX, NOX and PM2.5 which
Emissions Inventory—developed for the Existing Regional Haze Plan
might have impeded or limited progress
years 2002 and 2011, plus projected during the first planning period. As In its progress report, New York
inventories for 2018, for SO2, NOX, fine noted earlier, haze at Class I areas submitted a negative declaration to EPA
particles with diameters that are affected by emissions from New York regarding the need for additional actions
generally 2.5 micrometers and smaller has improved to levels that meet or or emission reductions in New York
(PM2.5) and volatile organic compounds exceed the RPG. The EPA therefore beyond those already in place and those
(VOCs). New York’s emissions proposes to approve New York’s SIP to be implemented by 2018 according to
inventories include the following source submission. New York’s regional haze plan.
classifications: Point, area, on-road In its progress report SIP, New York In the 2015 SIP submittal, New York
mobile, and non-road mobile. The concludes the elements and strategies determined the existing regional haze
progress report also includes more relied on in its original regional haze SIP requires no further substantive
detailed information on reductions in SIP are sufficient to enable New York revision at this time to achieve the RPGs
sulfur oxides (SOX) emissions from and neighboring states to meet all for Class I areas affected by the State’s
EGUs, and PM, NOX and SOX from established RPGs. As shown in Table 2, sources. The basis for the State’s
BART-eligible sources. visibility on least impaired and most negative declaration is the finding that
Overall, New York’s emissions that impaired days from 2000 through 2013 visibility has improved at all Class I
affect visibility were reduced in all has improved at all Class I areas affected areas in the MANE–VU region. In
sectors for all pollutants, except for area by emissions from New York (and all addition, SO2 and PM emissions from
source NOX emissions, which increased RPGs have already been met). the latest emission inventory for New
by 15,000 tons per year, compared to the The EPA proposes to agree New York York have decreased to levels below the
681,000 ton per year decrease in total has adequately addressed the provisions projections for 2018.
NOX emissions in New York State. for the first planning period progress The EPA proposes to conclude that
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Compared to the 2002 inventory New reports. The EPA views this requirement New York has adequately addressed the
York used to model haze, actual as an assessment that should evaluate provisions under 40 CFR 51.308(h)
emissions in 2011 were reduced by 81 emissions and visibility trends and because visibility and emission trends
percent for SO2, 61 percent for NOX, and other readily available information. In indicate that Class I areas impacted by
28 percent for PM. The 2011 emissions its progress report, New York described New York’s sources are meeting or
from New York are below the projected the improving visibility trends using exceeding the RPGs for 2018, and expect
2018 emissions for SO2 and PM, and data from the IMPROVE network and to continue to meet or exceed the RPGs
only about one-third more than the NOX the downward emissions trends in key for 2018.
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![Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules 35741
III. Proposed Action appropriate, disproportionate human DATES: For the request for public
The EPA is proposing to approve New health or environmental effects, using comment published on June 20, 2017
York State’s regional haze progress practicable and legally permissible (82 FR 28041), submit comments by
report as meeting the requirements of 40 methods, under Executive Order 12898 September 11, 2017.
CFR 51.308(g) and (h). (59 FR 7629, February 16, 1994). ADDRESSES: Submit comments
In addition, this rule does not have
identified by DFARS–RRTF–2017–01,
IV. Statutory and Executive Order tribal implications as specified by
using any of the following methods:
Reviews Executive Order 13175, November 18,
2015, because the SIP is not approved • Federal eRulemaking Portal: http://
Under the Clean Air Act, the www.regulations.gov. Search for
Administrator is required to approve a to apply in Indian country located in the
state, and the EPA notes that it will not ‘‘DFARS–RRTF–2017–01.’’ Select
SIP submission that complies with the ‘‘Comment Now’’ and follow the
provisions of the Act and applicable impose substantial direct costs on tribal
governments or preempt tribal law. instructions provided to submit a
Federal regulations. 42 U.S.C. 7410(k); comment. Please include ‘‘DFARS–
40 CFR 52.02(a). Thus, in reviewing SIP Thus, Executive Order 13175 does not
apply to this action. RRTF–2017–01’’ on any attached
submissions, the EPA’s role is to documents.
approve state choices, provided they List of Subjects in 40 CFR Part 52
meet the criteria of the Clean Air Act. • Fax: 571–372–6094.
Environmental protection, Air • Mail: Defense Acquisition
Accordingly, this action merely
pollution control, Incorporation by Regulations System, Attn: DFARS
approves state law as meeting Federal
reference, Intergovernmental relations, Subgroup RRTF, OUSD(AT&L)DPAP/
requirements and does not impose
Nitrogen oxides, Particulate matter, DARS, Room 3B941, 3060 Defense
additional requirements beyond those
Regional haze, Sulfur oxides. Pentagon, Washington, DC 20301–3060.
imposed by state law. For that reason,
this action: Authority: 42 U.S.C. 7401 et seq. Comments received generally will be
• Is not a ‘‘significant regulatory Dated: July 10, 2017. posted without change to http://
action’’ subject to review by the Office Walter Mugdan, www.regulations.gov, including any
of Management and Budget under Acting Regional Administrator, Region 2. personal information provided. To
Executive Order 12866 (58 FR 51735, [FR Doc. 2017–15991 Filed 7–31–17; 8:45 am] confirm receipt of your comment(s),
October 4, 1993); please check www.regulations.gov,
BILLING CODE 6560–50–P
• Does not impose an information approximately two to three days after
collection burden under the provisions submission to verify posting (except
of the Paperwork Reduction Act (44 allow 30 days for posting of comments
U.S.C. 3501 et seq.); DEPARTMENT OF DEFENSE
submitted by mail).
• Is certified as not having a Defense Acquisition Regulations FOR FURTHER INFORMATION CONTACT: Ms.
significant economic impact on a System Jennifer Johnson, telephone 571–372–
substantial number of small entities
6100; or Ms. Carrie Moore, telephone
under the Regulatory Flexibility Act (5 48 CFR Part 252 571–372–6093.
U.S.C. 601 et seq.);
• Does not contain any unfunded [Docket DARS–2017–0001] SUPPLEMENTARY INFORMATION: On
mandate or significantly or uniquely February 24, 2017, the President signed
affect small governments, as described Defense Federal Acquisition Executive Order (E.O.) 13777,
in the Unfunded Mandates Reform Act Regulation Supplement: DFARS ‘‘Enforcing the Regulatory Reform
of 1995 (Public Law 104–4); Subgroup to the DoD Regulatory Agenda,’’ which established a Federal
• Does not have Federalism Reform Task Force, Review of DFARS policy ‘‘to alleviate unnecessary
implications as specified in Executive Solicitation Provisions and Contract regulatory burdens’’ on the American
Order 13132 (64 FR 43255, August 10, Clauses people. Section 3(e) of the E.O. 13777
1999); AGENCY: Defense Acquisition calls on the Task Force to ‘‘seek input
• Is not an economically significant Regulations System, Department of and other assistance, as permitted by
regulatory action based on health or Defense (DoD). law, from entities significantly affected
safety risks subject to Executive Order ACTION: Extension of comment period. by Federal regulations, including State,
13045 (62 FR 19885, April 23, 1997); local, and tribal governments, small
• Is not a significant regulatory action SUMMARY: In accordance with Executive businesses, consumers, non-
subject to Executive Order 13211 (66 FR Order 13777, ‘‘Enforcing the Regulatory governmental organizations, trade
28355, May 22, 2001); Reform Agenda,’’ the DFARS Subgroup associations’’ on regulations. On June
• Is not subject to requirements of to the DoD Regulatory Reform Task 20, 2017, DoD solicited such input from
section 12(d) of the National Force is seeking input on Defense the public to inform evaluation of the
Technology Transfer and Advancement Federal Acquisition Regulation DFARS solicitation provisions and
Act of 1995 (15 U.S.C. 272 note) because Supplement (DFARS) solicitation contract clauses by the Task Force’s
application of those requirements would provisions and contract clauses that DFARS Subgroup. The comment period
be inconsistent with the Clean Air Act; may be appropriate for repeal, is extended three weeks from August 21,
and replacement, or modification. The 2017, to September 11, 2017, to provide
mstockstill on DSK30JT082PROD with PROPOSALS
• Does not provide the EPA with the comment period is extended three additional time for interested parties to
discretionary authority to address, as weeks. provide input.
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Document Created: 2018-10-24 11:45:21
Document Modified: 2018-10-24 11:45:21
| 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 August 31, 2017. | |
| Contact | Robert F. Kelly, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249, or by email at [email protected] | |
| FR Citation | 82 FR 35738 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Regional Haze and Sulfur Oxides |
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