82 FR 57126 - 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 231 (December 4, 2017)
Federal Register Volume 82, Issue 231 (December 4, 2017)
| Page Range | 57126-57130 | |
| FR Document | 2017-25945 |
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)] [Rules and Regulations] [Pages 57126-57130] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25945] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2017-0013; FRL 9971-28-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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a source-specific revision to the New York state implementation plan (SIP) that establishes Best Available Retrofit Technology (BART) emission limits for the Danskammer Generating Station (``Danskammer'') Unit 4, owned and operated by Danskammer Energy LLC. The SIP revision establishes BART emission limits for sulfur dioxide, oxides of nitrogen, and particulate matter that are identical to the emission limits established by the EPA's federal implementation plan (FIP) for Danskammer Unit 4, which was published on August 28, 2012. The EPA finds 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 approval, we are withdrawing those portions of the FIP that address BART for Danskammer Unit 4. DATES: This rule is effective on January 3, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R02-OAR-2017-0013. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 10007-1866 at 212-637-3764 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' and ``our'' refer to the EPA. Table of Contents I. What action is the EPA taking today? II. What significant comments were received in response to the EPA's proposed action? III. What are the EPA's conclusions? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What action is the EPA taking today? The EPA is approving a source-specific SIP revision for Danskammer Unit 4 (the ``Danskammer SIP Revision'') that was submitted by the New York State Department of Environmental Conservation (NYSDEC) on August 10, 2015, and supplemented on August 5, 2016. Specifically, the EPA is approving BART emission limits for sulfur dioxide (SO2 ), oxides of nitrogen (NOX ), and particulate matter (PM) for Danskammer Unit 4 that are equivalent to the emission limits established by the EPA's FIP that was promulgated on August 28, 2012 (77 FR 51915, 51917). In its submittal, NYSDEC included the following BART emission limits for Danskammer Unit 4: 0.12 pounds of NOX per million British thermal units (lb NOX /MMBtu) calculated on a 24-hour average during the ozone season and on a rolling 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 included a condition that restricts Danskammer Unit 4 to combusting only natural gas. As a result of the EPA's approval, the EPA is withdrawing those portions of the FIP that address BART for Danskammer Unit 4. The reader is referred to EPA's Proposed Rule, 82 FR 21749 (May 10, 2017), for a detailed discussion of this SIP revision. II. What significant comments were received in response to the EPA's proposed action? EarthJustice (EJ) submitted the following comments on behalf of the National Parks Conservation Association (NPCA) and Sierra Club. Comment 1: EJ supports the inclusion in the New York SIP of limits that restrict combustion at Danskammer Unit 4 to natural gas. EJ agrees with the EPA's conclusion that such a restriction will have the effect of reducing visibility-impairing emissions compared to the prior Title V permit and the EPA FIP that allowed combustion of coal, oil, or natural gas in Unit 4. According to the 2012 BART determination study for Danskammer Unit 4 that formed the basis for NYSDEC's and the EPA's BART determinations, 100% firing of natural gas is associated with the highest percent reduction of SO2 of the controls examined at the time, and the third highest percent reduction of NOX . Elimination of coal combustion is consistent with BART and will certainly provide visibility benefits at Class I areas. Response: The EPA acknowledges EJ's support of the natural gas requirement in the Danskammer SIP Revision. Comment 2: The 2012 BART determination for Danskammer Unit 4 formed the basis for NYSDEC's and EPA's prior BART determinations. Since the unit had already been converted to co-fire or exclusively fire natural gas in 1987, the determination included the option of 100% firing of natural gas as a feasible BART technology. Thus, the [[Page 57127]] use of natural gas is not fuel switching for this unit. The prior BART analysis lists an achievable emission rate of 0.08 lbs/MMBtu for NOX , and a control efficiency of 99.95% under the 100% natural gas combustion scenario. Since natural gas combustion technology is already installed and operating, the cost of the technology to achieve these emission levels is $0. Response: The commenter's intended point is that because restricting Danskammer Unit 4 to combusting natural gas is not a form of fuel switching, the state must adopt BART emission limits that reflect the low emission rates associated with natural gas combustion. The EPA disagrees that restricting Danskammer Unit 4 to combusting natural gas is not a form of fuel switching. The Danskammer Unit 4 boiler was designed to combust coal, fuel oil, and natural gas, and until recent years, coal was the unit's primary fuel source. By prohibiting Danskammer Unit 4 from combusting coal or fuel oil going forward, the Danskammer SIP Revision effects a fuel switch from multi- fuel capability to the exclusive use of natural gas. In the BART Guidelines, the EPA stated that ``it is not our intent to direct States to switch fuel forms, e.g., from coal to gas.'' 70 FR 39104, 39164 (July 6, 2005). As such, NYSDEC's decision to require fuel switching at Danskammer Unit 4 as a condition in its SIP revision was entirely discretionary. The EPA acknowledges that, by combusting only natural gas, Danskammer Unit 4 can achieve the lower emission limits cited by the commenter without additional cost, but the EPA cannot disapprove the SIP for not including lower limits when the BART Guidelines do not require states to consider fuel switching as a BART option in the first instance. See 70 FR at 39164. Comment 3: As noted by the EPA, the emission limits for SO2 and NOX adopted by NYSDEC for Danskammer Unit 4 are identical to those contained in EPA's 2012 FIP. However, the rulemaking record for the 2012 FIP clearly demonstrates that these emission limits were designed for a plant that maintained the option to use coal as a fuel. The EPA's Regional Haze Rule requires that the ``determination of BART must be based on an analysis of the best system of continuous emission control technology available and associated emission reductions achievable.'' 40 CFR 51.308(e)(1)(ii)(A). According to the EPA's own BART Guidelines, ``[t]o complete the BART process, you must establish enforceable emission limits that reflect the BART requirements.'' 70 FR 39172. The coal-based emission limits in the EPA's current proposal no longer reflect BART, as the plant is now restricted to burning natural gas. Thus they are not emission reductions ``associated'' with natural gas combustion under the BART Guidelines. The EPA must instead establish lower limits under BART reflecting the natural gas-only fuel restriction it proposes to incorporate into the SIP. Response: The EPA disagrees that the natural gas requirement in the Danskammer SIP Revision is BART. As explained in the response to comment 2, the BART Guidelines do not require states to consider fuel switching as a BART control option. In its 2012 SIP submittal, NYSDEC included at its discretion a potential control option of 100% combustion of natural gas for Danskammer Unit 4 before rejecting it in favor of other control options. In the Danskammer SIP Revision, however, NYSDEC did not indicate that it was now determining 100% natural gas combustion to be BART. Rather, NYSDEC adopted the BART emission limits that the EPA established in its 2012 FIP, which were based on flue-gas desulfurization (FGD) for SO2 , various options for reducing NOX , and Unit 4's existing electrostatic precipitator (ESP) for PM. The EPA included a detailed technical justification for its BART determinations in the record for that rulemaking, see 77 FR 24793, 24812-15 (April 25, 2012) (proposal); 77 FR 51918-23 (final), and the commenter has not made any effort to rebut that analysis with new information. Nothing in the Clean Air Act (CAA), the Regional Haze Rule, or the BART Guidelines requires the EPA to disapprove the Danskammer SIP Revision and establish lower emission limits reflecting 100% combustion of natural gas simply because NYSDEC included that condition in addition to its BART emission limits in its SIP revision. In any event, the EPA notes that requiring the lower emission limits favored by the commenter would not achieve an environmental benefit because the natural gas requirement in the Danskammer SIP Revision already has the practical effect of reducing Danskammer Unit 4's emissions to levels that are consistent with those lower emission limits. Comment 4: The EPA claims in its proposal that NYSDEC's proposal is sufficient because it is ``more stringent than the EPA's FIP.'' 82 FR 21750. However, the BART determination cannot simply be more stringent than the EPA's FIP; it must stand alone as a BART determination, which includes requiring an emission limit consistent with the ``best system of continuous emission control technology available,'' in this case, at a minimum, the exclusive use of natural gas. 40 CFR 51.308(e)(1)(ii)(A). In the original BART determination, as the EPA noted in its 2012 proposal, ``[a]lthough gas co-firing (and 100% gas firing) appears to be feasible and cost effective, it was ruled out as a control option due to high price volatility of natural gas and potential reliability concerns on the state's electric system.'' 77 FR 24812. These concerns are no longer valid, if indeed they were in the first place. Thus, based on the original BART determination for the unit, limits associated with the 100% firing of natural gas should be those originally associated with that control, i.e., no higher than 0.08 lbs/MMBtu for NOX and 99.95 percent SO2 control efficiency consistent with the unit's existing limits. The existing NOX limit is on a 24-hour average during the ozone season and a 30-day average during the remainder of the year. This is unjustified and inappropriate for a visibility-specific limit given 100% gas firing and higher impacts from nitrates during the wintertime. Also, the exclusive use of natural gas would reduce PM emissions as well, and so a PM emission limit should be set that reflects 100% natural gas firing, rather than the proposed limit of 0.06 lbs/MMBtu on a 1-hour basis, which was determined based on tests performed when burning coal. Response: The EPA disagrees with this comment for the same reasons described in the EPA's previous responses. The EPA acknowledges that the Agency stated at proposal that the Danskammer SIP revision was approvable ``because it is more stringent than the EPA's FIP.'' 82 FR 21750. More accurately, the SIP revision is approvable because it meets minimum CAA requirements by adopting the emission limits in the EPA's FIP, and then goes beyond those minimum CAA requirements by including the ``more stringent'' natural gas requirement. See CAA section 116 (``[N]othing in [the CAA] shall preclude or deny the right of any State . . . to adopt or enforce . . . any requirement respecting control or abatement of air pollution . . . .''). Comment 5: As noted, NYSDEC has claimed to submit these changes for Danskammer Unit 4 as an ``updated'' BART determination. The EPA has proposed to approve it as such, simultaneously withdrawing the BART determination in its FIP. However, NYSDEC has not submitted a BART determination, only changes to Unit 4's Title V permit. Neither the state nor the EPA has offered an actual BART [[Page 57128]] determination, which must include consideration of: The costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. 40 CFR 51.308(e)(1)(ii)(A). In this case, any updated BART determination should also include consideration of controls that can be used in addition to 100% firing of natural gas. Because the proposed rulemaking does not include a BART determination, the EPA cannot use it as a replacement for its challenged FIP. To fix this critical shortcoming, the EPA has several options. First, the EPA could include a BART determination with the final rule based on the information submitted with the 2012 New York haze SIP, setting limits based on 100% natural gas combustion and any further controls that it determines to be BART. Second, NYSDEC could immediately supplement its 2012 haze plan as to Danskammer Unit 4, and include a BART determination, again based on the prior BART analysis for 100% natural gas combustion and any additional BART controls. If NYSDEC pursues the second option and it cannot be achieved in a timely manner, EPA must issue a limited approval of the Title V permit restriction as to natural gas combustion and maintain the current FIP, disapproving the current submission as to any purported BART determination and requiring NYSDEC to formally resubmit an actual BART determination that includes at least 100% natural gas combustion at Unit 4. Response: In the 2012 FIP, the EPA ``encourage[d] New York at any time to submit a SIP revision to incorporate provisions that match the terms of our FIP, or relevant portion thereof,'' explaining that if we approved the SIP revision, it would replace the FIP provisions. 77 FR 51917. NYSDEC responded by submitting the Danskammer SIP Revision, which incorporated provisions that match the terms of our FIP, as well as an additional requirement restricting Danskammer Unit 4 to combusting natural gas. Because NYSDEC was not required to update its BART determinations beyond incorporating the BART emission limits from the 2012 FIP, the EPA has no basis to disapprove the SIP revision and supplant it with another FIP. Comment 6: The CAA requires that Danskammer procure, install, and operate BART as expeditiously as practicable. ``As expeditiously as practicable'' is defined as five years after the date of approval of a plan revision or promulgation of a FIP. The FIP here was promulgated on August 28, 2012. Therefore, the EPA must act promptly to respond to the issues identified in this letter and determine BART for gas-only combustion to enable Danskammer to meet this deadline. Response: The 2012 FIP required Danskammer Unit 4 to comply with the BART emission limits by July 1, 2014. As a result of damage to the facility sustained during flooding in 2012, Danskammer Unit 4 was non- operational until the fall of 2014, when it began operating as a natural gas peaking unit. Danskammer Unit 4 has been complying with the BART emission limits in the FIP since it restarted in 2014. The Danskammer SIP Revision adopts the FIP's BART emission limits, and they will become federally enforceable on the effective date of this final action. Therefore, NYSDEC has satisfied CAA section 169A(g)(4)'s requirement that BART must be installed as expeditiously as practicable, but in no event later than five years after the date of approval of a plan revision (i.e., the Danskammer SIP Revision). III. What are the EPA's conclusions? The EPA has evaluated the Danskammer SIP Revision and is determining that it meets the requirements of the CAA and the Regional Haze Rule. Therefore, the EPA is approving the BART emission limits and related administrative requirements (i.e., monitoring, recordkeeping and reporting requirements) for Danskammer Unit 4, which are identical to those contained in the EPA's 2012 FIP: 0.12 lb NOX /MMBtu, calculated on a 24-hour average during the ozone season and on a rolling 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 included in its SIP revision a condition that restricts Danskammer Unit 4 to combusting only natural gas, which the EPA is approving into the SIP. Consequently, the EPA is withdrawing those portions of the 2012 FIP that address BART for Danskammer Unit 4. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of a single-source SIP revision, dated August 10, 2015, and supplemented on August 5, 2016, from NYSDEC for Danskammer Unit 4 (Facility DEC ID 3334600011), including Title V permit conditions (permit ID 3-3346- 00011/00017) with Best Available Retrofit Technology (BART) emission limits for NOX , SO2, and PM. NYSDEC renewed Danskammer's Title V permit on February 24, 2015. The summary of emission limits and other enforceable requirements for this SIP revision are included in section I of this rulemaking. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 2 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is exempt from review by the Office of Management and Budget (OMB) because it will result in the approval of a SIP submitted by the New York State Department of Environmental Conservation for Danskammer Generation Station Unit No. 4. Approval of SIPs falls within a category of Actions that is exempted from review by OMB. It was therefore not submitted to OMB for review. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because this action falls within the category of Actions that OMB has exempted from review. This action specifically is an Approval of a State Implementation Plan (SIP). [[Page 57129]] C. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act (PRA).\2\ Because this final rule has identical recordkeeping and reporting requirements to the EPA's 2012 FIP, the PRA does not apply. --------------------------------------------------------------------------- \2\ 44 U.S.C. 3501 et seq. --------------------------------------------------------------------------- D. Regulatory Flexibility Act I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This rule does not impose any requirements or create impacts on small entities as no small entities are subject to the requirements of this rule. E. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. Because this final rule has identical BART emission limits and related administrative requirements (i.e., monitoring, recordkeeping and reporting requirements) to the EPA's 2012 FIP, this final rule is not subject to the requirements of sections 202 or 205 of UMRA. This final rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments. Thus, Executive Order 13175 does not apply to this rule. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997). The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. Therefore, the EPA is not considering the use of any voluntary consensus standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). As explained previously, this action provides identical BART emission limits and related administrative requirements (i.e., monitoring, recordkeeping and reporting requirements) to the EPA's 2012 FIP. L. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). M. Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 2, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See CAA section 307(b)(2). 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: November 20, 2017. E. Scott Pruitt, Administrator. 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. Section 52.1670(d) is amended by adding an entry entitled ``Danskammer Energy LLC, Danskammer Generating Station'' to the end of the table to read as follows: Sec. 52.1670 Identification of plan. * * * * * (d) * * * [[Page 57130]] EPA-Approved New York Source-Specific Provisions ---------------------------------------------------------------------------------------------------------------- State EPA approval Name of source Identifier No. effective date date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * Danskammer Energy LLC, Danskammer NYSDEC Facility No. 2/25/15 11/4/17 Best Available Retrofit Generating Station. 33346000011. Technology (BART) emission limits for NOX, SO2, and PM pursuant to 6 NYCRR part 249 for Unit 4 and the requirement to combust only natural gas. ---------------------------------------------------------------------------------------------------------------- * * * * * 0 3. Section 52.1686 is amended by: 0 a. Revising paragraph (a); and 0 b. Amending paragraph (c)(1) table by removing the entry ``Danskammer Generating Station--Dynergy.'' The revision reads as follows: Sec. 52.1686 Federal Implementation Plan for Regional Haze. (a) Applicability. This section applies to each owner and operator of the following electric generating units (EGUs) in the State of New York: Roseton Generating Station, Units 1 and 2; * * * * * [FR Doc. 2017-25945 Filed 12-1-17; 8:45 am] BILLING CODE 6560-50-P
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the Internet and will be publicly Technology (BART) emission limits for is approving BART emission limits for
available only in hard copy form. the Danskammer Generating Station sulfur dioxide (SO2), oxides of nitrogen
Publicly available docket materials are (‘‘Danskammer’’) Unit 4, owned and (NOX), and particulate matter (PM) for
available either electronically through operated by Danskammer Energy LLC. Danskammer Unit 4 that are equivalent
www.regulations.gov or in hard copy at The SIP revision establishes BART to the emission limits established by the
the Environmental Protection Agency, emission limits for sulfur dioxide, EPA’s FIP that was promulgated on
Region 5, Air and Radiation Division, 77 oxides of nitrogen, and particulate August 28, 2012 (77 FR 51915, 51917).
West Jackson Boulevard, Chicago, matter that are identical to the emission In its submittal, NYSDEC included
Illinois 60604. This facility is open from limits established by the EPA’s federal the following BART emission limits for
8:30 a.m. to 4:30 p.m., Monday through implementation plan (FIP) for Danskammer Unit 4: 0.12 pounds of
Friday, excluding Federal holidays. We Danskammer Unit 4, which was NOX per million British thermal units
recommend that you telephone Steven published on August 28, 2012. The EPA (lb NOX/MMBtu) calculated on a 24-
Rosenthal, Environmental Engineer, at finds that the SIP revision fulfills the hour average during the ozone season
(312) 886–6052 before visiting the requirements of the Clean Air Act and and on a rolling 30-day average during
Region 5 office. the EPA’s Regional Haze Rule for BART the rest of the year; 0.09 lb SO2/MMBtu
FOR FURTHER INFORMATION CONTACT: at Danskammer Unit 4. In conjunction calculated on a 24-hour average; and
Steven Rosenthal, Environmental with this approval, we are withdrawing 0.06 lb PM/MMBtu calculated on a 1-
Engineer, Air Planning and those portions of the FIP that address hour average. NYSDEC also included a
Maintenance Section, at 312–886–6052, BART for Danskammer Unit 4. condition that restricts Danskammer
rosenthal.steven@epa.gov or at Air DATES: This rule is effective on January Unit 4 to combusting only natural gas.
Programs Branch (AR–18J), 3, 2018. As a result of the EPA’s approval, the
Environmental Protection Agency, ADDRESSES: The EPA has established a EPA is withdrawing those portions of
Region 5, 77 West Jackson Boulevard, docket for this action under Docket ID the FIP that address BART for
Chicago, Illinois 60604. No. EPA–R02–OAR–2017–0013. All Danskammer Unit 4. The reader is
documents in the docket are listed on referred to EPA’s Proposed Rule, 82 FR
SUPPLEMENTARY INFORMATION: Section
the www.regulations.gov Web site. 21749 (May 10, 2017), for a detailed
307(b)(1) of the Clean Air Act indicates discussion of this SIP revision.
which Federal Courts of Appeal have Although listed in the index, some
venue for petitions for review of final information is not publicly available, II. What significant comments were
actions by EPA. This action pertains to e.g., confidential business information received in response to the EPA’s
facilities in Minnesota and is not based (CBI) or other information whose proposed action?
on a determination of nationwide scope disclosure is restricted by statute. EarthJustice (EJ) submitted the
or effect. Thus, under section 307(b)(1), Certain other material, such as following comments on behalf of the
any petitions for review of EPA’s action copyrighted material, is not placed on National Parks Conservation
denying the U.S. Steel petition for the Internet and will be publicly Association (NPCA) and Sierra Club.
reconsideration must be filed in the available only in hard copy form. Comment 1: EJ supports the inclusion
Court of Appeals for the Eighth Circuit Publicly available docket materials are in the New York SIP of limits that
on or before February 2, 2018. available through www.regulations.gov, restrict combustion at Danskammer Unit
or please contact the person identified 4 to natural gas. EJ agrees with the
Dated: February 28, 2017.
in the FOR FURTHER INFORMATION EPA’s conclusion that such a restriction
Robert Kaplan,
CONTACT section for additional will have the effect of reducing
Acting Regional Administrator, Region 5. availability information. visibility-impairing emissions compared
Editorial note: This document was FOR FURTHER INFORMATION CONTACT: to the prior Title V permit and the EPA
received for publication by the Office of the Edward J. Linky, Environmental FIP that allowed combustion of coal, oil,
Federal Register on November 28, 2017. Protection Agency, Air Programs or natural gas in Unit 4. According to
[FR Doc. 2017–25946 Filed 12–1–17; 8:45 am] Branch, 290 Broadway, New York, New the 2012 BART determination study for
BILLING CODE 6560–50–P York 10007–1866 at 212–637–3764 or Danskammer Unit 4 that formed the
by email at Linky.Edward@epa.gov. basis for NYSDEC’s and the EPA’s
SUPPLEMENTARY INFORMATION: BART determinations, 100% firing of
ENVIRONMENTAL PROTECTION Throughout this document, ‘‘we,’’ ‘‘us,’’ natural gas is associated with the
AGENCY and ‘‘our’’ refer to the EPA. highest percent reduction of SO2 of the
40 CFR Part 52 Table of Contents controls examined at the time, and the
third highest percent reduction of NOX.
[EPA–R02–OAR–2017–0013; FRL 9971–28– I. What action is the EPA taking today? Elimination of coal combustion is
Region 2] II. What significant comments were received consistent with BART and will certainly
in response to the EPA’s proposed
action?
provide visibility benefits at Class I
Approval and Revision of Air Quality areas.
Implementation Plans; State of New III. What are the EPA’s conclusions?
IV. Incorporation by Reference Response: The EPA acknowledges EJ’s
York; Regional Haze State and Federal support of the natural gas requirement
V. Statutory and Executive Order Reviews
Implementation Plans in the Danskammer SIP Revision.
I. What action is the EPA taking today? Comment 2: The 2012 BART
AGENCY: Environmental Protection
Agency (EPA). The EPA is approving a source- determination for Danskammer Unit 4
formed the basis for NYSDEC’s and
ethrower on DSK3G9T082PROD with RULES
ACTION: Final rule. specific SIP revision for Danskammer
Unit 4 (the ‘‘Danskammer SIP EPA’s prior BART determinations. Since
SUMMARY: The Environmental Protection Revision’’) that was submitted by the the unit had already been converted to
Agency (EPA) is approving a source- New York State Department of co-fire or exclusively fire natural gas in
specific revision to the New York state Environmental Conservation (NYSDEC) 1987, the determination included the
implementation plan (SIP) that on August 10, 2015, and supplemented option of 100% firing of natural gas as
establishes Best Available Retrofit on August 5, 2016. Specifically, the EPA a feasible BART technology. Thus, the
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use of natural gas is not fuel switching based emission limits in the EPA’s with the ‘‘best system of continuous
for this unit. The prior BART analysis current proposal no longer reflect emission control technology available,’’
lists an achievable emission rate of 0.08 BART, as the plant is now restricted to in this case, at a minimum, the
lbs/MMBtu for NOX, and a control burning natural gas. Thus they are not exclusive use of natural gas. 40 CFR
efficiency of 99.95% under the 100% emission reductions ‘‘associated’’ with 51.308(e)(1)(ii)(A). In the original BART
natural gas combustion scenario. Since natural gas combustion under the BART determination, as the EPA noted in its
natural gas combustion technology is Guidelines. The EPA must instead 2012 proposal, ‘‘[a]lthough gas co-firing
already installed and operating, the cost establish lower limits under BART (and 100% gas firing) appears to be
of the technology to achieve these reflecting the natural gas-only fuel feasible and cost effective, it was ruled
emission levels is $0. restriction it proposes to incorporate out as a control option due to high price
Response: The commenter’s intended into the SIP. volatility of natural gas and potential
point is that because restricting Response: The EPA disagrees that the reliability concerns on the state’s
Danskammer Unit 4 to combusting natural gas requirement in the electric system.’’ 77 FR 24812. These
natural gas is not a form of fuel Danskammer SIP Revision is BART. As concerns are no longer valid, if indeed
switching, the state must adopt BART explained in the response to comment 2, they were in the first place. Thus, based
emission limits that reflect the low the BART Guidelines do not require on the original BART determination for
emission rates associated with natural states to consider fuel switching as a the unit, limits associated with the
gas combustion. The EPA disagrees that BART control option. In its 2012 SIP 100% firing of natural gas should be
restricting Danskammer Unit 4 to submittal, NYSDEC included at its those originally associated with that
combusting natural gas is not a form of discretion a potential control option of control, i.e., no higher than 0.08 lbs/
fuel switching. The Danskammer Unit 4 100% combustion of natural gas for MMBtu for NOX and 99.95 percent SO2
boiler was designed to combust coal, Danskammer Unit 4 before rejecting it in control efficiency consistent with the
fuel oil, and natural gas, and until favor of other control options. In the unit’s existing limits. The existing NOX
recent years, coal was the unit’s primary Danskammer SIP Revision, however, limit is on a 24-hour average during the
fuel source. By prohibiting Danskammer NYSDEC did not indicate that it was ozone season and a 30-day average
Unit 4 from combusting coal or fuel oil now determining 100% natural gas during the remainder of the year. This
going forward, the Danskammer SIP combustion to be BART. Rather, is unjustified and inappropriate for a
Revision effects a fuel switch from NYSDEC adopted the BART emission visibility-specific limit given 100% gas
multi-fuel capability to the exclusive limits that the EPA established in its firing and higher impacts from nitrates
use of natural gas. In the BART 2012 FIP, which were based on flue-gas during the wintertime. Also, the
Guidelines, the EPA stated that ‘‘it is not desulfurization (FGD) for SO2, various exclusive use of natural gas would
our intent to direct States to switch fuel options for reducing NOX, and Unit 4’s reduce PM emissions as well, and so a
forms, e.g., from coal to gas.’’ 70 FR existing electrostatic precipitator (ESP) PM emission limit should be set that
39104, 39164 (July 6, 2005). As such, for PM. The EPA included a detailed reflects 100% natural gas firing, rather
NYSDEC’s decision to require fuel technical justification for its BART than the proposed limit of 0.06 lbs/
switching at Danskammer Unit 4 as a determinations in the record for that MMBtu on a 1-hour basis, which was
condition in its SIP revision was rulemaking, see 77 FR 24793, 24812–15 determined based on tests performed
entirely discretionary. The EPA (April 25, 2012) (proposal); 77 FR when burning coal.
acknowledges that, by combusting only 51918–23 (final), and the commenter Response: The EPA disagrees with
natural gas, Danskammer Unit 4 can has not made any effort to rebut that this comment for the same reasons
achieve the lower emission limits cited analysis with new information. Nothing described in the EPA’s previous
by the commenter without additional in the Clean Air Act (CAA), the Regional responses. The EPA acknowledges that
cost, but the EPA cannot disapprove the Haze Rule, or the BART Guidelines the Agency stated at proposal that the
SIP for not including lower limits when requires the EPA to disapprove the Danskammer SIP revision was
the BART Guidelines do not require Danskammer SIP Revision and establish approvable ‘‘because it is more stringent
states to consider fuel switching as a lower emission limits reflecting 100% than the EPA’s FIP.’’ 82 FR 21750. More
BART option in the first instance. See combustion of natural gas simply accurately, the SIP revision is
70 FR at 39164. because NYSDEC included that approvable because it meets minimum
Comment 3: As noted by the EPA, the condition in addition to its BART CAA requirements by adopting the
emission limits for SO2 and NOX emission limits in its SIP revision. In emission limits in the EPA’s FIP, and
adopted by NYSDEC for Danskammer any event, the EPA notes that requiring then goes beyond those minimum CAA
Unit 4 are identical to those contained the lower emission limits favored by the requirements by including the ‘‘more
in EPA’s 2012 FIP. However, the commenter would not achieve an stringent’’ natural gas requirement. See
rulemaking record for the 2012 FIP environmental benefit because the CAA section 116 (‘‘[N]othing in [the
clearly demonstrates that these emission natural gas requirement in the CAA] shall preclude or deny the right of
limits were designed for a plant that Danskammer SIP Revision already has any State . . . to adopt or enforce . . .
maintained the option to use coal as a the practical effect of reducing any requirement respecting control or
fuel. The EPA’s Regional Haze Rule Danskammer Unit 4’s emissions to abatement of air pollution . . . .’’).
requires that the ‘‘determination of levels that are consistent with those Comment 5: As noted, NYSDEC has
BART must be based on an analysis of lower emission limits. claimed to submit these changes for
the best system of continuous emission Comment 4: The EPA claims in its Danskammer Unit 4 as an ‘‘updated’’
control technology available and proposal that NYSDEC’s proposal is BART determination. The EPA has
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associated emission reductions sufficient because it is ‘‘more stringent proposed to approve it as such,
achievable.’’ 40 CFR 51.308(e)(1)(ii)(A). than the EPA’s FIP.’’ 82 FR 21750. simultaneously withdrawing the BART
According to the EPA’s own BART However, the BART determination determination in its FIP. However,
Guidelines, ‘‘[t]o complete the BART cannot simply be more stringent than NYSDEC has not submitted a BART
process, you must establish enforceable the EPA’s FIP; it must stand alone as a determination, only changes to Unit 4’s
emission limits that reflect the BART BART determination, which includes Title V permit. Neither the state nor the
requirements.’’ 70 FR 39172. The coal- requiring an emission limit consistent EPA has offered an actual BART
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![57128 Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations
determination, which must include practicable’’ is defined as five years after 2015, and supplemented on August 5,
consideration of: The costs of the date of approval of a plan revision 2016, from NYSDEC for Danskammer
compliance, the energy and non-air or promulgation of a FIP. The FIP here Unit 4 (Facility DEC ID 3334600011),
quality environmental impacts of was promulgated on August 28, 2012. including Title V permit conditions
compliance, any pollution control Therefore, the EPA must act promptly to (permit ID 3–3346–00011/00017) with
equipment in use at the source, the respond to the issues identified in this Best Available Retrofit Technology
remaining useful life of the source, and letter and determine BART for gas-only (BART) emission limits for NOX, SO2,
the degree of improvement in visibility combustion to enable Danskammer to and PM. NYSDEC renewed
which may reasonably be anticipated to meet this deadline. Danskammer’s Title V permit on
result from the use of such technology. Response: The 2012 FIP required February 24, 2015. The summary of
40 CFR 51.308(e)(1)(ii)(A). In this case, Danskammer Unit 4 to comply with the emission limits and other enforceable
any updated BART determination BART emission limits by July 1, 2014. requirements for this SIP revision are
should also include consideration of As a result of damage to the facility included in section I of this rulemaking.
controls that can be used in addition to sustained during flooding in 2012, The EPA has made, and will continue
100% firing of natural gas. Because the Danskammer Unit 4 was non- to make, these materials generally
proposed rulemaking does not include a operational until the fall of 2014, when available through www.regulations.gov
BART determination, the EPA cannot it began operating as a natural gas and/or at the EPA Region 2 Office
use it as a replacement for its challenged peaking unit. Danskammer Unit 4 has (please contact the person identified in
FIP. To fix this critical shortcoming, the been complying with the BART the FOR FURTHER INFORMATION CONTACT
EPA has several options. First, the EPA emission limits in the FIP since it
section of this preamble for more
could include a BART determination restarted in 2014. The Danskammer SIP
information). Therefore, these materials
with the final rule based on the Revision adopts the FIP’s BART
have been approved by the EPA for
information submitted with the 2012 emission limits, and they will become
inclusion in the SIP, have been
New York haze SIP, setting limits based federally enforceable on the effective
incorporated by reference by EPA into
on 100% natural gas combustion and date of this final action. Therefore,
that plan, are fully federally enforceable
any further controls that it determines to NYSDEC has satisfied CAA section
under sections 110 and 113 of the CAA
be BART. Second, NYSDEC could 169A(g)(4)’s requirement that BART
as of the effective date of the final
immediately supplement its 2012 haze must be installed as expeditiously as
rulemaking of the EPA’s approval, and
plan as to Danskammer Unit 4, and practicable, but in no event later than
five years after the date of approval of will be incorporated by the Director of
include a BART determination, again
a plan revision (i.e., the Danskammer the Federal Register in the next update
based on the prior BART analysis for
SIP Revision). to the SIP compilation.1
100% natural gas combustion and any
additional BART controls. If NYSDEC III. What are the EPA’s conclusions? V. Statutory and Executive Order
pursues the second option and it cannot Reviews
be achieved in a timely manner, EPA The EPA has evaluated the
must issue a limited approval of the Danskammer SIP Revision and is Additional information about these
Title V permit restriction as to natural determining that it meets the statutes and Executive Orders can be
gas combustion and maintain the requirements of the CAA and the found at http://www2.epa.gov/laws-
current FIP, disapproving the current Regional Haze Rule. Therefore, the EPA regulations/laws-and-executive-orders.
submission as to any purported BART is approving the BART emission limits
and related administrative requirements A. Executive Order 12866: Regulatory
determination and requiring NYSDEC to
(i.e., monitoring, recordkeeping and Planning and Review and Executive
formally resubmit an actual BART
reporting requirements) for Order 13563: Improving Regulation and
determination that includes at least
Danskammer Unit 4, which are identical Regulatory Review
100% natural gas combustion at Unit 4.
Response: In the 2012 FIP, the EPA to those contained in the EPA’s 2012 This action is exempt from review by
‘‘encourage[d] New York at any time to FIP: 0.12 lb NOX/MMBtu, calculated on the Office of Management and Budget
submit a SIP revision to incorporate a 24-hour average during the ozone (OMB) because it will result in the
provisions that match the terms of our season and on a rolling 30-day average approval of a SIP submitted by the New
FIP, or relevant portion thereof,’’ during the rest of the year; 0.09 lb SO2/ York State Department of
explaining that if we approved the SIP MMBtu, calculated on a 24-hour Environmental Conservation for
revision, it would replace the FIP average; and 0.06 lb PM/MMBtu, Danskammer Generation Station Unit
provisions. 77 FR 51917. NYSDEC calculated on a 1-hour average. NYSDEC No. 4. Approval of SIPs falls within a
responded by submitting the also included in its SIP revision a category of Actions that is exempted
Danskammer SIP Revision, which condition that restricts Danskammer from review by OMB. It was therefore
incorporated provisions that match the Unit 4 to combusting only natural gas, not submitted to OMB for review.
terms of our FIP, as well as an which the EPA is approving into the
additional requirement restricting SIP. Consequently, the EPA is B. Executive Order 13771: Reducing
Danskammer Unit 4 to combusting withdrawing those portions of the 2012 Regulations and Controlling Regulatory
natural gas. Because NYSDEC was not FIP that address BART for Danskammer Costs
required to update its BART Unit 4.
determinations beyond incorporating This action is not an Executive Order
the BART emission limits from the 2012 IV. Incorporation by Reference 13771 regulatory action because this
In this rule, the EPA is finalizing action falls within the category of
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FIP, the EPA has no basis to disapprove
the SIP revision and supplant it with regulatory text that includes Actions that OMB has exempted from
another FIP. incorporation by reference. In review. This action specifically is an
Comment 6: The CAA requires that accordance with the requirements of 1 Approval of a State Implementation
Danskammer procure, install, and CFR 51.5, the EPA is finalizing the Plan (SIP).
operate BART as expeditiously as incorporation by reference of a single-
practicable. ‘‘As expeditiously as source SIP revision, dated August 10, 1 62 FR 27968 (May 22, 1997).
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![57130 Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations
EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS
State effective EPA approval
Name of source Identifier No. Comments
date date
* * * * * * *
Danskammer Energy LLC, NYSDEC Facility No. 333 2/25/15 11/4/17 Best Available Retrofit Technology (BART) emission
Danskammer Gener- 46000011. limits for NOX, SO2, and PM pursuant to 6
ating Station. NYCRR part 249 for Unit 4 and the requirement to
combust only natural gas.
* * * * * on the https://www.regulations.gov Web April 14, 2016; and Operating Permit
■ 3. Section 52.1686 is amended by: site. Although listed in the docket, some 24361—issued March 24, 2016 and
■ a. Revising paragraph (a); and information is not publicly available, reissued April 14, 2016) to address the
■ b. Amending paragraph (c)(1) table by e.g., Confidential Business Information VOC RACT deficiency. On January 24,
removing the entry ‘‘Danskammer (CBI) or other information whose 2017 the California Air Resources Board
Generating Station—Dynergy.’’ disclosure is restricted by statute. (CARB) submitted these operating
The revision reads as follows: Certain other material, such as permits to the EPA for SIP approval and
copyrighted material, is not placed on the EPA proposed to approve them into
§ 52.1686 Federal Implementation Plan for the Internet and will be publicly the California SIP on July 19, 2017 (82
Regional Haze. available only in hard copy form. FR 33032). Specifically, we proposed to
(a) Applicability. This section applies Publicly available docket materials are approve permit conditions 2, 8, 13, 14,
to each owner and operator of the available through https:// 16, 17, 22, 23, 24, 25, 26, 27, 37, 39 and
following electric generating units www.regulations.gov, or please contact 40 (or portions thereof) and Attachment
(EGUs) in the State of New York: the person identified in the FOR FURTHER A from SMAQMD Operating Permit
Roseton Generating Station, Units 1 and INFORMATION CONTACT section for Nos. 24360 and 24361. We proposed to
2; additional availability information. approve these portions of the operating
* * * * * FOR FURTHER INFORMATION CONTACT: permits into the SIP because we
[FR Doc. 2017–25945 Filed 12–1–17; 8:45 am] Stanley Tong, EPA Region IX, (415) determined that they complied with the
BILLING CODE 6560–50–P 947–4122, tong.stanley@epa.gov. relevant CAA requirements. Our
SUPPLEMENTARY INFORMATION:
proposed action contains more
Throughout this document, ‘‘we,’’ ‘‘us’’ information on these operating permits
ENVIRONMENTAL PROTECTION and ‘‘our’’ refer to the EPA. and our evaluation.
AGENCY II. Public Comments and EPA
Table of Contents
40 CFR Part 52 Responses
I. Proposed Action
[EPA–R09–OAR–2017–0196; FRL–9970–92– II. Public Comments and EPA Responses The EPA’s proposed action provided
Region 9] III. EPA Action a 30-day public comment period. During
IV. Incorporation by Reference this period, we received no comments.
Approval of California Air Plan V. Statutory and Executive Order Reviews
III. EPA Action
Revisions, Sacramento Metropolitan I. Proposed Action
Air Quality Management District No comments were submitted.
On January 15, 2016 (81 FR 2136) the Therefore, as authorized in section
AGENCY: Environmental Protection EPA proposed to partially approve and 110(k)(3) of the Act, the EPA is fully
Agency (EPA). partially disapprove SMAQMD’s SIP approving the submitted portions of the
ACTION: Final rule. revision to address Reasonably operating permits into the California
Available Control Technology (RACT) SIP. Specifically, we are approving
SUMMARY: The Environmental Protection requirements for the 1997 8-hour ozone permit conditions 2, 8, 13, 14, 16, 17,
Agency (EPA) is taking final action to National Ambient Air Quality Standards 22, 23, 24, 25, 26, 27, 37, 39 and 40 (or
approve a revision to the Sacramento (NAAQS) based in part on our portions thereof) and Attachment A
Metropolitan Air Quality Management conclusion that the submittal did not from SMAQMD Operating Permit Nos.
District (SMAQMD) portion of the satisfy the CAA section 182 24360 and 24361, which together
California State Implementation Plan requirements for major source VOC establish enforceable VOC limitations
(SIP). This revision concerns emissions RACT from landfill gas flaring that satisfy RACT for the landfill gas
of volatile organic compounds (VOCs) operations at the Kiefer Landfill. On flares at the Kiefer Landfill. Please see
from landfill gas flaring at the Kiefer August 12, 2016 we finalized our partial the docket for a copy of the complete
Landfill in Sacramento, California. We approval and partial disapproval and submitted documents.
are approving portions of two SMAQMD stated that sanctions would be imposed Final approval satisfies California’s
operating permits that limit VOC under CAA section 179 and 40 CFR obligation, under CAA section 182 for
emissions from this facility under the 52.31 unless the EPA approved SIP the 1997 8-hour ozone NAAQS, to
Clean Air Act (CAA or the Act). revisions correcting this deficiency implement RACT for the landfill gas
ethrower on DSK3G9T082PROD with RULES
DATES: This rule will be effective on within 18 months of the effective date flares at the Kiefer Landfill. Our August
January 3, 2018. of our final rulemaking action. 12, 2016 partial disapproval of
ADDRESSES: The EPA has established a On July 28, 2016 the SMAQMD SMAQMD’s RACT SIP demonstration
docket for this action under Docket ID adopted portions of two operating for the 1997 NAAQS also stated that
No. EPA–R09–OAR–OAR–2017–0196. permits (Operating Permit 24360— amendments to SMAQMD’s
All documents in the docket are listed issued March 24, 2016 and reissued pharmaceuticals manufacturing rule
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Document Created: 2017-12-02 00:41:14
Document Modified: 2017-12-02 00:41:14
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on January 3, 2018. | |
| Contact | Edward J. Linky, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 10007-1866 at 212-637-3764 or by email at [email protected] | |
| FR Citation | 82 FR 57126 | |
| 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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