83 FR 29723 - Approval of Air Quality Implementation Plans; New York; Subpart 225-1, Fuel Composition and Use-Sulfur Limitations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 123 (June 26, 2018)
Federal Register Volume 83, Issue 123 (June 26, 2018)
| Page Range | 29723-29726 | |
| FR Document | 2018-13722 |
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)] [Proposed Rules] [Pages 29723-29726] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13722] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2016-0414; FRL-9979-91--Region 2] Approval of Air Quality Implementation Plans; New York; Subpart 225-1, Fuel Composition and Use--Sulfur Limitations AGENCY: Environmental Protection Agency. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency is proposing to approve a revision to the New York State Implementation Plan concerning sulfur- in-fuel limits. The intended effect of this revision is to add a regulatory mechanism for meeting the existing obligations related to regional haze. The SIP revision consists of amendments to Title 6 of the New York Codes, Rules and Regulations Subpart 225-1, ``Fuel Composition and Use--Sulfur Limitations'' and Section 200.1, ``Definitions'' and, also removes an obsolete provision from the Code of Federal Regulations related to facility specific sulfur-in-fuel limits. DATES: Comments must be received on or before July 26, 2018. ADDRESSES: Submit your comments, identified by Docket ID number EPA- R02-OAR-2016-0414, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods i.e., 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: Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3381, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. EPA's Evaluation of New York's Submittal III. Updating 40 CFR 52.1675 Control Strategy and Regulations: Sulfur Oxides IV. Proposed Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background The Environmental Protection Agency (EPA) proposes to approve New York's State Implementation Plan (SIP) submittal consisting of revisions to Title 6 of the New York Codes, Rules and Regulations (6 NYCRR) Section 200.1, ``Definitions,'' which adds a definition for waste oil. EPA proposes to approve, with limitations, Subpart 225-1, ``Fuel Composition and Use--Sulfur Limitations,'' as contributing to attainment of the National Ambient Air Quality Standards (NAAQS) for particulate matter less than or equal to 2.5 microns in diameter (PM2.5 ) and the NAAQS for sulfur dioxide (SO2 ), and establishing a revised regulatory mechanism for New York's regional haze SIP. The EPA's proposed approval of New York's sulfur-in-fuel regulation into the SIP does not alter the EPA's prior action on New York's Regional Haze SIP, which includes emission reductions related to the sulfur-in-fuel requirements of section 19-0325 of the Environmental Conservation Law (ECL). 77 FR 51915 (Aug. 28, 2012). The EPA is proposing to approve these revisions, requested by New York, as strengthening the effectiveness of New York's SIP. Pursuant to 40 CFR part 51, the EPA also is proposing to remove a section from 40 CFR 52.1675 which lists sulfur limitations for various facilities in New York. EPA has determined that these limitations have expired and/or refer to sources which have been shut down. That determination was reflected in EPA's reformatting exercise that ensured that all revisions to the New York State SIPs are accurately reflected in 40 CFR part 52, including 40 CFR 52.1670(d), ``EPA approved State source-specific requirements.'' 76 FR 41705 (July 15, 2011). In addition, the sulfur-in-fuel rule proposed for approval here requires the use of lower sulfur fuel, with lower sulfur concentrations than the limits listed in 40 CFR 52.1675. The EPA is therefore removing the existing sulfur limitations in 40 CFR 52.1675 as they are superfluous and obsolete. [[Page 29724]] II. EPA's Evaluation of New York's Submittal On June 12, 2013, New York State Department of Environmental Conservation (NYSDEC) submitted to the EPA the proposed revisions to Section 200.1 and Subpart 225-1 and supplemental materials, including documentation of the comment period and public hearings, and NYSDEC's responses to public comments. These materials are in the EPA's docket for this proposal. Revisions to Section 200.1 The EPA is proposing to approve Section 200.1, which includes New York's new definition for ``waste oil'' at 6 NYCRR 200.1(cw). This definition is relevant to Subpart 225-1 and is consistent with similar definitions of waste oil recognized by EPA. NYSDEC also revised 6 NYCRR 200.9, Table 1, updating the list of federal regulations referenced in the amended Subpart 225-1. In a separate rulemaking action, the EPA approved a SIP submittal from New York, dated October 12, 2011 and revised on July 25, 2016, of Section 200.9, Table 1. 81 FR 95049 (Dec. 27, 2016). That approval included the revisions to Section 200.9, Table 1, referenced in NYSDEC's June 12, 2013 submittal. We therefore have already acted on the revision to Section 200.9, Table 1, which references the amended Subpart 225-1, and we are not taking action here. Subpart 225-1 New York relied on ECL section 19-0325, limiting sulfur concentrations in fuel oil, in its Regional Haze SIP and the EPA approved it as part of New York's emissions reduction plan to make reasonable progress toward reducing widespread visibility impairment. 77 FR 51915. By submitting this revision to Subpart 225-1 to the EPA for SIP approval, New York is adding a regulatory mechanism for implementing the reduced sulfur-in-fuel limits in ECL-19-0325 and the Regional Haze SIP. The EPA proposes to approve these revisions to strengthen the New York's SIP. Sulfur-in-Fuel Limitations Section 225-1.2 provides the sulfur-in-fuel limitations and are identified below. Owners and/or operators of any stationary combustion installation that fires solid fuels are limited to the firing of solid fuel with a sulfur content listed in the table below on or after July 1, 2014: ------------------------------------------------------------------------ Solid fuel (pounds of Area sulfur per million Btu gross heat content) ------------------------------------------------------------------------ New York City............................. 0.2 MAX. Nassau, Rockland and Westchester Counties. 0.2 MAX. Suffolk County: Towns of Babylon, 0.6 MAX. Brookhaven, Huntington, Islip, and Smith Town. Erie and Niagara Counties................. 1.7 MAX, 1.4 AVG.* Remainder of State........................ 2.5 MAX, 1.9 AVG *, and 1.7 AVG (ANNUAL).** ------------------------------------------------------------------------ * Averages are computed for each emission source by dividing the total sulfur content by the total gross heat content of all solid fuel received during any consecutive three-month period. ** Annual averages are computed for each emission source by dividing the total sulfur content by the total gross heat content of all solid fuel received during any consecutive 12-month period. Owners and/or operators of any stationary combustion installation that fires residual oil are limited to the firing of residual oil with a sulfur content listed in the table below on or after July 1, 2014: ------------------------------------------------------------------------ Residual oil (percent sulfur by Area weight) ------------------------------------------------------------------------ New York City....................... 0.30 Nassau, Rockland and Westchester 0.37 Counties........................... ------------------------------------------------------------------------ Owners and/or operators of any stationary combustion installation that fires residual oil are limited to the purchase of residual oil with a sulfur content listed in the table below on or after July 1, 2014, and are limited to the firing of residual oil with a sulfur content listed in the table below on or after July 1, 2016: ------------------------------------------------------------------------ Residual oil (percent sulfur by Area weight) ------------------------------------------------------------------------ Suffolk County: Towns of Babylon, 0.50 Brookhaven, Huntington, Islip, and Smith Town......................... Erie and Niagara Counties........... 0.50 Remainder of State.................. 0.50 ------------------------------------------------------------------------ Owners and/or operators of commercial, industrial, or residential emission sources that fire number two heating oil on or after July 1, 2012 are limited to the purchase of number two heating oil with 0.0015 percent sulfur by weight or less. Owners and/or operators of a stationary combustion installation that fires distillate oil other than number two heating oil are limited to the purchase of distillate oil with 0.0015 percent sulfur by weight or less on or after July 1, 2014. Owners and/or operators of any stationary combustion installation that fires distillate oil including number two heating oil are limited to the firing of distillate oil with 0.0015 percent sulfur by weight or less on or after July 1, 2016. Owners and/or operators of any stationary combustion installation that fires waste oil on or after July 1, 2014 are limited to the firing of waste oil with 0.75 percent sulfur by weight or less. [[Page 29725]] Exceptions and Variances Provided for in Subpart 225-1 6 NYCRR Sections 225-1.3 and 225-1.4 include provisions allowing for exceptions or variances from the sulfur-in-fuel limits set forth in ECL 19-0325 and Section 225-1.2. Section 225-1.3 addresses exceptions to fuel limitations due to fuel shortage. It provides that NYSDEC may issue an order granting a temporary exception based on an insufficient supply of conforming fuel, provided the decision is certified by the New York State Energy Research and Development Authority. The exception cannot exceed 45 days, unless the department permits a public hearing, after which the extension can be granted for up to one year. Section 225-1.3(e) recognizes that, pursuant to New York State Energy Law 5-117, any provisions of Section 225-1.3 may be preempted if the Governor declares that a fuel-supply emergency exists or is impending.\1\ --------------------------------------------------------------------------- \1\ Section 5-117 of the New York State Energy Law concerns powers granted to the Commissioner of the New York State Energy Research and Development Authority (NYSERDA) when the Governor finds there is a fuel supply emergency; the powers are authorized to the extent that they are not in conflict with federal law. --------------------------------------------------------------------------- Section 225-1.4 allows for fuel mixture or equivalent emission rate variances. Fuels with sulfur content greater than that allowed by Section 225-1.2 may be fired when the facility owner can demonstrate that sulfur dioxide emissions do not exceed the value for S calculated using the following equation: S = (1.1AM + 2BT)/(M + T) Where: S = Allowable sulfur dioxide emission (in pounds per million Btu) A = Sulfur in oil allowed by section 225-1.2 of this Subpart (in percent by weight) B = Average sulfur in solid fuel allowed by section 225-1.2 of this Subpart (in pounds of sulfur per million Btu gross heat content) M = Percent of total heat input from liquid fuel T = Percent of total heat input from solid fuel (including coal, coke, wood, wood waste, and refuse-derived fuel) Fuel mixtures and equivalent emission rate variances only apply to processes or stationary combustion installations. Compliance will be based on the total heat input from all fuels fired, including gaseous fuels. Any process or stationary combustion installation owner who chooses to fire a fuel mixture is subject to the emission and fuel monitoring requirements of Section 225-1.5.\2\ --------------------------------------------------------------------------- \2\ Subpart 225-1.4 also allows variances for fuel fired to demonstrate the performance of experimental equipment and/or processes for reducing sulfur compounds from an emission source. --------------------------------------------------------------------------- In the initial approval of Part 225 into the SIP, the EPA indicated that variances adopted by the State pursuant to sections 225.2(b) and (c), 225.3, and 225.5(c) are federally enforceable only if approved by the EPA as SIP revisions. 46 FR 55690, 55693 (Nov. 12, 1981). The provisions of 225.2(b) and (c), 225.3, and 225.5(c), although now renumbered in revised Subpart 225-1, are substantively unchanged. Therefore, EPA's condition, that variances adopted pursuant to these conditions are federally enforceable only if approved by the EPA as SIP revisions, remains in effect. 81 FR 23167, 23171 (April 20, 2016); 40 CFR part 52.1670. The EPA proposes to approve New York's Subpart 225-1 submittal, provided that, consistent with prior approvals of Part 225, any exception or variance must to be submitted to the EPA as a source- specific SIP revision and is not federally enforceable until approved by EPA. III. Updating 40 CFR 52.1675 Control Strategy and Regulations: Sulfur Oxides 40 CFR 52.1675 includes a list of special limitations of sulfur-in- fuels, adopted in the 1980s, for a variety of sources. EPA has determined that either these limits have expired or the sources have shut down. 47 FR 7662 (2/22/82); letter from NYSDEC, dated March 25, 2011, confirming the shut-down of Lovett Generating Station (a copy is in the docket for this action). EPA's determination was reflected in the reformatting exercise that ensured that all revisions to the New York State SIP are accurately reflected in 40 CFR part 52, including 40 CFR 52.1670(d), ``EPA approved State source-specific requirements.'' 76 FR 41705 (July 15, 2011). 40 CFR 52.1670(d) identifies all source- specific requirements still effective in New York State. The EPA is proposing to remove the provisions listed below from 40 CFR 52.1675 as superfluous and obsolete. List of special limitations from 40 CFR 52.1675(d), (f) and (g) that the EPA proposes to remove: (d) Section 225.3(e) of Subchapter A, Chapter III, Title 6 of New York State's Official Compilation of Codes, Rules and Regulations, is disapproved since it does not provide for the type of permanent control necessary to assure attainment and maintenance of national standards. * * * * * (f) The following applies to the Environmental Protection Agency's approval as a SIP revision of the ``special limitation'' promulgated by the Commissioner of the New York State Department of Environmental Conservation on November 20, 1979 permitting the purchase and use by the Consolidated Edison Company of New York, Inc. of fuel oil with a maximum sulfur content of 1.5 percent, by weight, at units 2 and 3 of its Arthur Kill generating facility on Staten Island, New York and unit 3 of its Ravenswood generating station in Queens, New York: (1) On or before the ``Date of Conversion'' indicated below, each ``Facility'' indicated below shall combust only natural gas for the duration of the special limitation. (a) City College of New York, Amsterdam Ave. between W. 135th St. and W. 138th St., Manhattan-- North Campus Academic Center: Converted North Campus Main Boiler (Compton Hall): Two boilers shut-down; One boiler converted; South Campus--Boiler Plant: Converted; North Campus Science and Physical Education Building: October 1, 1980. (b) Harlem Hospital, 135th St. and Lenox Ave., Manhattan: April 1, 1981; (c) Columbia University, 116th St. and Broadway, Manhattan: Converted; (d) New York City Housing Auth., Senator Robert F. Wagner Houses, 23-96 First Ave.: October 1, 1980; (e) New York City Housing Auth., Frederick Douglass Houses, 880 Columbus Ave., Manhattan: October 1, 1980; (f) New York City Housing Auth., Manhattanville Houses, 549 W. 126th St., Manhattan: October 1, 1980; (g) New York City Housing Auth., St. Nicholas Houses, 215 W. 127th St.: October 1, 1980; (h) New York City Housing Auth., General Grant Houses, 1320 Amsterdam Ave., Manhattan: October 1, 1980; (i) New York City Housing Auth., Harlem River Houses, 211-0-1 W. 151st Street, Manhattan: October 1, 1980; (j) New York City Housing Auth., Martin Luther King Towers, 90 Lenox Ave., Manhattan: October 1, 1980; (k) New York City Housing Auth., Drew Hamilton Houses, 210 W. 142nd Street, Manhattan: October 1, 1980. (2) If any of the facilities identified in paragraph (g)(1) of this section, fail to meet the requirements of that paragraph, the Consolidated Edison Company shall not burn fuel oil with a sulfur content in excess of 0.30 percent, by weight. For this purpose, Consolidated Edison shall maintain a reserve supply of fuel oil with a maximum sulfur content of 0.30 percent, by weight, and shall have a mechanism to switch promptly to the use of such fuel oil. (3) EPA's approval of this revision to the New York SIP will extend for a period of twelve months from [August 11, 1980] or such longer period limited to twelve months from the date on which fuel oil with a sulfur content exceeding 0.30 percent, by weight, is first burned at any of the affected Consolidated Edison facilities. However, once the use of high sulfur fuel oil has commenced, failure to meet any of the conversion dates specified in paragraph (g)(1) of this section shall not extend the period of EPA approval. [[Page 29726]] (4) On or before July 1, 1981 the Consolidated Edison Company of New York, Inc. shall displace the use of approximately 7.1 million gallons of residual oil, as projected on an annual basis, through a gas conversion program to be implemented within a two-mile radius of the Mabel Dean Bacon High School Annex monitor. Beginning on the first day of the month in which fuel oil with a sulfur content exceeding 0.30 percent, by weight, is first burned at any of the affected Consolidated Edison facilities and continuing for twelve months thereafter, the Consolidated Edison Company of New York, Inc. shall submit a report to the EPA, on a monthly basis, which includes, but is not limited to, the following information regarding this program: (i) The total gallonage of fuel oil capacity converted (projected to an annual amount) as of that date, (ii) The potential gallonage from sources at which conversion work has begun, and (iii) The projected gallonage from sources expected to be converted by July 1, 1981. (g) The Environmental Protection Agency has approved a New York State Implementation Plan revision relating to the SO2 emission limit for units 4 and 5 of Orange and Rockland Utilities' Lovett generating station. The revision which allows Lovett to burn coal at units 4 and 5 was submitted by the New York State Department of Environmental Conservation (NYSDEC) on September 18, 1990, with additional materials submitted on April 12, 1991, and June 3, 1991. This action sets the emission limit applicable to the facility to 1.0 pound per million British thermal units (MMBtu) for units 4 and 5 if both are operated on coal, or to 1.5 lb/MMBtu for one unit if the other is operated on fuel oil, natural gas or is not operated at all, as set forth in the Certificates to Operate issued by NYSDEC on April 3, 1991. The SO2 emission limit, monitoring and recordkeeping requirements pertaining to the SO2 emissions are incorporated by reference into the Certificates to Operate. The EPA also proposes to revise 40 CFR 52.1675(e) to conform with the new nomenclature in New York's revised Subpart 225-1, and for it to read as follows: (e) Any exception or variance promulgated by the Commissioner under 6 NYCRR Sections 225-1.3 and 1.4 shall not exempt any person from the requirements otherwise imposed by 6 NYCRR Subpart 225-1; provided that the Administrator may approve such exception or variance as a plan revision when the provisions of this part, section 110(a)(3)(A) of the Act, and 40 CFR Part 51 (relating to approval of and revisions to State implementation plans) have been satisfied with respect to such exception or variance. The removed sections of 40 CFR 52.1675: (d), (f) and (g), will be labeled as reserved. IV. Proposed Action The EPA proposes to approve the revisions to New York's Title 6 of the New York Codes, Rules and Regulations Subpart 225-1, ``Fuel Composition and Use--Sulfur Limitations'' and Section 200.1, ``Definitions,'' both effective on April 5, 2013, into New York's SIP as strengthening enforcement of the State's air pollution control regulations. In addition, EPA has determined that the source-specific limits in the New York's SIP at 40 CFR 52.1675(d), (f) and (g) have either expired or the affected sources have shut down and that the 52.1675 requirements are therefore superfluous and obsolete. The EPA is proposing to remove the source-specific limits from 52.1675(d), (f) and (g). The EPA also proposes to revise 40 CFR 52.1675(e) to conform with the new nomenclature in New York's revised Subpart 225-1. V. Incorporation by Reference In this rule, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, we are proposing to incorporate by reference the provisions described above in Section IV. Proposed Action. EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175, because the SIP is not approved to apply in Indian country located in the state, and 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: June 8, 2018. Peter D. Lopez, Regional Administrator, Region 2. [FR Doc. 2018-13722 Filed 6-25-18; 8:45 am] BILLING CODE 6560-50-P
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For the reasons discussed in the ENVIRONMENTAL PROTECTION Broadway, 25th Floor, New York, New
preamble, the Coast Guard proposes to AGENCY York 10007–1866, (212) 637–3381, or by
amend 33 CFR part 165 as follows: email at wieber.kirk@epa.gov.
40 CFR Part 52
PART 165—REGULATED NAVIGATION SUPPLEMENTARY INFORMATION:
[EPA–R02–OAR–2016–0414; FRL–9979–
AREAS AND LIMITED ACCESS AREAS Table of Contents
91—Region 2]
■ 1. The authority citation for part 165 I. Background
Approval of Air Quality Implementation II. EPA’s Evaluation of New York’s Submittal
continues to read as follows: Plans; New York; Subpart 225–1, Fuel III. Updating 40 CFR 52.1675 Control
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Composition and Use—Sulfur Strategy and Regulations: Sulfur Oxides
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Limitations IV. Proposed Action
Department of Homeland Security Delegation V. Incorporation by Reference
No. 0170.1. AGENCY: Environmental Protection VI. Statutory and Executive Order Reviews
Agency.
■ 2. Add § 165.T09–0427 to read as I. Background
ACTION: Proposed rule.
follows:
The Environmental Protection Agency
§ 165.T09–0427 Safety Zone; USA SUMMARY: The Environmental Protection (EPA) proposes to approve New York’s
Triathlon Age Group National Agency is proposing to approve a State Implementation Plan (SIP)
Championships; Lake Erie, Cleveland, OH. revision to the New York State submittal consisting of revisions to Title
(a) Location. The safety zone will Implementation Plan concerning sulfur- 6 of the New York Codes, Rules and
encompass all waters of Lake Erie, off of in-fuel limits. The intended effect of this Regulations (6 NYCRR) Section 200.1,
Edgewater Park, Cleveland OH, inside revision is to add a regulatory ‘‘Definitions,’’ which adds a definition
an area starting on shore at position mechanism for meeting the existing for waste oil. EPA proposes to approve,
41°29′16″ N, 081°44′49″ W then obligations related to regional haze. The with limitations, Subpart 225–1, ‘‘Fuel
Northwest to 41°29′34″ N, 081°45′02″ W SIP revision consists of amendments to Composition and Use—Sulfur
then Northeast to 41°29′43″ N, Title 6 of the New York Codes, Rules Limitations,’’ as contributing to
081°44′31″ W, and Southeast back to and Regulations Subpart 225–1, ‘‘Fuel attainment of the National Ambient Air
shore at position 41°29′28″ N, Composition and Use—Sulfur Quality Standards (NAAQS) for
081°44′22″ (NAD 83). Limitations’’ and Section 200.1, particulate matter less than or equal to
‘‘Definitions’’ and, also removes an 2.5 microns in diameter (PM 2.5) and the
(b) Enforcement Period. This rule will
obsolete provision from the Code of NAAQS for sulfur dioxide (SO2), and
be enforced from 10:00 a.m. to 1:30 p.m.
Federal Regulations related to facility establishing a revised regulatory
on August 10, 2018 from 5:00 a.m. to
specific sulfur-in-fuel limits. mechanism for New York’s regional
5:30 p.m. on August 11, 2018 and from
5:00 a.m. to 12:00 p.m. on August 12, DATES: Comments must be received on haze SIP. The EPA’s proposed approval
2018. or before July 26, 2018. of New York’s sulfur-in-fuel regulation
(c) Regulations. (1) In accordance with ADDRESSES: Submit your comments, into the SIP does not alter the EPA’s
the general regulations in § 165.23 of identified by Docket ID number EPA– prior action on New York’s Regional
this part, entry into, transiting, or R02–OAR–2016–0414, at http:// Haze SIP, which includes emission
anchoring within this safety zone is www.regulations.gov. Follow the online reductions related to the sulfur-in-fuel
prohibited unless authorized by the instructions for submitting comments. requirements of section 19–0325 of the
Captain of the Port Buffalo or his Once submitted, comments cannot be Environmental Conservation Law (ECL).
designated on-scene representative. edited or withdrawn. The EPA may 77 FR 51915 (Aug. 28, 2012). The EPA
(2) This safety zone is closed to all publish any comment received to its is proposing to approve these revisions,
vessel traffic, except as may be public docket. Do not submit requested by New York, as
permitted by the Captain of the Port electronically any information you strengthening the effectiveness of New
Buffalo or his designated on-scene consider to be Confidential Business York’s SIP.
representative. Information (CBI) or other information Pursuant to 40 CFR part 51, the EPA
whose disclosure is restricted by statute. also is proposing to remove a section
(3) The ‘‘on-scene representative’’ of
Multimedia submissions (audio, video, from 40 CFR 52.1675 which lists sulfur
the Captain of the Port Buffalo is any
etc.) must be accompanied by a written limitations for various facilities in New
Coast Guard commissioned, warrant or
comment. The written comment is York. EPA has determined that these
petty officer who has been designated
considered the official comment and limitations have expired and/or refer to
by the Captain of the Port Buffalo to act
should include discussion of all points sources which have been shut down.
on his behalf.
you wish to make. The EPA will That determination was reflected in
(4) Vessel operators desiring to enter generally not consider comments or
or operate within the safety zone must EPA’s reformatting exercise that ensured
comment contents located outside of the that all revisions to the New York State
contact the Captain of the Port Buffalo primary submission (i.e., on the web,
or his on-scene representative to obtain SIPs are accurately reflected in 40 CFR
cloud, or other file sharing system). For part 52, including 40 CFR 52.1670(d),
permission to do so. The Captain of the additional submission methods i.e., the
Port Buffalo or his on-scene ‘‘EPA approved State source-specific
full EPA public comment policy, requirements.’’ 76 FR 41705 (July 15,
sradovich on DSK3GMQ082PROD with PROPOSALS
representative may be contacted via information about CBI or multimedia
VHF Channel 16. 2011). In addition, the sulfur-in-fuel
submissions, and general guidance on rule proposed for approval here requires
Dated: June 20, 2018. making effective comments, please visit the use of lower sulfur fuel, with lower
Joseph S. Dufresne, http://www2.epa.gov/dockets/ sulfur concentrations than the limits
Captain, U.S. Coast Guard, Captain of the commenting-epa-dockets. listed in 40 CFR 52.1675. The EPA is
Port Buffalo. FOR FURTHER INFORMATION CONTACT: Kirk therefore removing the existing sulfur
[FR Doc. 2018–13665 Filed 6–25–18; 8:45 am] J. Wieber, Air Programs Branch, limitations in 40 CFR 52.1675 as they
BILLING CODE 9110–04–P Environmental Protection Agency, 290 are superfluous and obsolete.
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Exceptions and Variances Provided for In the initial approval of Part 225 into York State Department of Environmental
in Subpart 225–1 the SIP, the EPA indicated that Conservation on November 20, 1979
variances adopted by the State pursuant permitting the purchase and use by the
6 NYCRR Sections 225–1.3 and 225– Consolidated Edison Company of New York,
1.4 include provisions allowing for to sections 225.2(b) and (c), 225.3, and
Inc. of fuel oil with a maximum sulfur
exceptions or variances from the sulfur- 225.5(c) are federally enforceable only if content of 1.5 percent, by weight, at units 2
in-fuel limits set forth in ECL 19–0325 approved by the EPA as SIP revisions. and 3 of its Arthur Kill generating facility on
and Section 225–1.2. 46 FR 55690, 55693 (Nov. 12, 1981). The Staten Island, New York and unit 3 of its
Section 225–1.3 addresses exceptions provisions of 225.2(b) and (c), 225.3, Ravenswood generating station in Queens,
to fuel limitations due to fuel shortage. and 225.5(c), although now renumbered New York:
in revised Subpart 225–1, are (1) On or before the ‘‘Date of Conversion’’
It provides that NYSDEC may issue an indicated below, each ‘‘Facility’’ indicated
order granting a temporary exception substantively unchanged. Therefore,
EPA’s condition, that variances adopted below shall combust only natural gas for the
based on an insufficient supply of duration of the special limitation.
conforming fuel, provided the decision pursuant to these conditions are
(a) City College of New York, Amsterdam
is certified by the New York State federally enforceable only if approved Ave. between W. 135th St. and W. 138th St.,
Energy Research and Development by the EPA as SIP revisions, remains in Manhattan—
Authority. The exception cannot exceed effect. 81 FR 23167, 23171 (April 20, North Campus Academic Center:
45 days, unless the department permits 2016); 40 CFR part 52.1670. Converted North Campus Main Boiler
The EPA proposes to approve New (Compton Hall): Two boilers shut-down; One
a public hearing, after which the
York’s Subpart 225–1 submittal, boiler converted;
extension can be granted for up to one South Campus—Boiler Plant: Converted;
provided that, consistent with prior
year. Section 225–1.3(e) recognizes that, North Campus Science and Physical
approvals of Part 225, any exception or
pursuant to New York State Energy Law Education Building: October 1, 1980.
variance must to be submitted to the
5–117, any provisions of Section 225– (b) Harlem Hospital, 135th St. and Lenox
EPA as a source-specific SIP revision
1.3 may be preempted if the Governor Ave., Manhattan: April 1, 1981;
and is not federally enforceable until (c) Columbia University, 116th St. and
declares that a fuel-supply emergency
approved by EPA. Broadway, Manhattan: Converted;
exists or is impending.1
Section 225–1.4 allows for fuel III. Updating 40 CFR 52.1675 Control (d) New York City Housing Auth., Senator
mixture or equivalent emission rate Strategy and Regulations: Sulfur Oxides Robert F. Wagner Houses, 23–96 First Ave.:
October 1, 1980;
variances. Fuels with sulfur content 40 CFR 52.1675 includes a list of (e) New York City Housing Auth., Frederick
greater than that allowed by Section special limitations of sulfur-in-fuels, Douglass Houses, 880 Columbus Ave.,
225–1.2 may be fired when the facility adopted in the 1980s, for a variety of Manhattan: October 1, 1980;
owner can demonstrate that sulfur sources. EPA has determined that either (f) New York City Housing Auth.,
dioxide emissions do not exceed the these limits have expired or the sources Manhattanville Houses, 549 W. 126th St.,
value for S calculated using the have shut down. 47 FR 7662 (2/22/82); Manhattan: October 1, 1980;
following equation: (g) New York City Housing Auth., St.
letter from NYSDEC, dated March 25, Nicholas Houses, 215 W. 127th St.: October
S = (1.1AM + 2BT)/(M + T) 2011, confirming the shut-down of 1, 1980;
Where: Lovett Generating Station (a copy is in (h) New York City Housing Auth., General
S = Allowable sulfur dioxide emission (in the docket for this action). EPA’s Grant Houses, 1320 Amsterdam Ave.,
pounds per million Btu) determination was reflected in the Manhattan: October 1, 1980;
A = Sulfur in oil allowed by section 225–1.2 reformatting exercise that ensured that (i) New York City Housing Auth., Harlem
of this Subpart (in percent by weight) all revisions to the New York State SIP River Houses, 211–0–1 W. 151st Street,
B = Average sulfur in solid fuel allowed by are accurately reflected in 40 CFR part Manhattan: October 1, 1980;
section 225–1.2 of this Subpart (in 52, including 40 CFR 52.1670(d), ‘‘EPA (j) New York City Housing Auth., Martin
pounds of sulfur per million Btu gross Luther King Towers, 90 Lenox Ave.,
approved State source-specific Manhattan: October 1, 1980;
heat content)
M = Percent of total heat input from liquid
requirements.’’ 76 FR 41705 (July 15, (k) New York City Housing Auth., Drew
fuel 2011). 40 CFR 52.1670(d) identifies all Hamilton Houses, 210 W. 142nd Street,
T = Percent of total heat input from solid fuel source-specific requirements still Manhattan: October 1, 1980.
(including coal, coke, wood, wood waste, effective in New York State. The EPA is (2) If any of the facilities identified in
and refuse-derived fuel) proposing to remove the provisions paragraph (g)(1) of this section, fail to meet
listed below from 40 CFR 52.1675 as the requirements of that paragraph, the
Fuel mixtures and equivalent Consolidated Edison Company shall not burn
emission rate variances only apply to superfluous and obsolete.
List of special limitations from 40 fuel oil with a sulfur content in excess of 0.30
processes or stationary combustion percent, by weight. For this purpose,
installations. Compliance will be based CFR 52.1675(d), (f) and (g) that the EPA
Consolidated Edison shall maintain a reserve
on the total heat input from all fuels proposes to remove: supply of fuel oil with a maximum sulfur
fired, including gaseous fuels. Any (d) Section 225.3(e) of Subchapter A, content of 0.30 percent, by weight, and shall
process or stationary combustion Chapter III, Title 6 of New York State’s have a mechanism to switch promptly to the
installation owner who chooses to fire a Official Compilation of Codes, Rules and use of such fuel oil.
Regulations, is disapproved since it does not (3) EPA’s approval of this revision to the
fuel mixture is subject to the emission provide for the type of permanent control New York SIP will extend for a period of
and fuel monitoring requirements of necessary to assure attainment and twelve months from [August 11, 1980] or
Section 225–1.5.2 maintenance of national standards. such longer period limited to twelve months
sradovich on DSK3GMQ082PROD with PROPOSALS
* * * * * from the date on which fuel oil with a sulfur
1 Section 5–117 of the New York State Energy
(f) The following applies to the content exceeding 0.30 percent, by weight, is
Law concerns powers granted to the Commissioner first burned at any of the affected
Environmental Protection Agency’s approval
of the New York State Energy Research and
Development Authority (NYSERDA) when the as a SIP revision of the ‘‘special limitation’’ Consolidated Edison facilities. However, once
Governor finds there is a fuel supply emergency; promulgated by the Commissioner of the New the use of high sulfur fuel oil has
the powers are authorized to the extent that they are commenced, failure to meet any of the
not in conflict with federal law. experimental equipment and/or processes for conversion dates specified in paragraph
2 Subpart 225–1.4 also allows variances for fuel reducing sulfur compounds from an emission (g)(1) of this section shall not extend the
fired to demonstrate the performance of source. period of EPA approval.
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![29726 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules
(4) On or before July 1, 1981 the Use—Sulfur Limitations’’ and Section under the Regulatory Flexibility Act (5
Consolidated Edison Company of New York, 200.1, ‘‘Definitions,’’ both effective on U.S.C. 601 et seq.);
Inc. shall displace the use of approximately April 5, 2013, into New York’s SIP as
7.1 million gallons of residual oil, as • Does not contain any unfunded
projected on an annual basis, through a gas
strengthening enforcement of the State’s mandate or significantly or uniquely
conversion program to be implemented air pollution control regulations. affect small governments, as described
within a two-mile radius of the Mabel Dean In addition, EPA has determined that
the source-specific limits in the New in the Unfunded Mandates Reform Act
Bacon High School Annex monitor.
Beginning on the first day of the month in York’s SIP at 40 CFR 52.1675(d), (f) and of 1995 (Pub. L. 104–4);
which fuel oil with a sulfur content exceeding (g) have either expired or the affected • Does not have Federalism
0.30 percent, by weight, is first burned at any sources have shut down and that the implications as specified in Executive
of the affected Consolidated Edison facilities 52.1675 requirements are therefore Order 13132 (64 FR 43255, August 10,
and continuing for twelve months thereafter,
superfluous and obsolete. The EPA is 1999);
the Consolidated Edison Company of New
York, Inc. shall submit a report to the EPA, proposing to remove the source-specific • Is not an economically significant
on a monthly basis, which includes, but is limits from 52.1675(d), (f) and (g). The regulatory action based on health or
not limited to, the following information EPA also proposes to revise 40 CFR safety risks subject to Executive Order
regarding this program: 52.1675(e) to conform with the new
13045 (62 FR 19885, April 23, 1997);
(i) The total gallonage of fuel oil capacity nomenclature in New York’s revised
converted (projected to an annual amount) as Subpart 225–1. • Is not a significant regulatory action
of that date, subject to Executive Order 13211 (66 FR
(ii) The potential gallonage from sources at V. Incorporation by Reference 28355, May 22, 2001);
which conversion work has begun, and In this rule, we are proposing to
(iii) The projected gallonage from sources • Is not subject to requirements of
include in a final rule regulatory text section 12(d) of the National
expected to be converted by July 1, 1981.
(g) The Environmental Protection Agency that includes incorporation by
Technology Transfer and Advancement
has approved a New York State reference. In accordance with
Act of 1995 (15 U.S.C. 272 note) because
Implementation Plan revision relating to the requirements of 1 CFR 51.5, we are
application of those requirements would
SO2 emission limit for units 4 and 5 of proposing to incorporate by reference
Orange and Rockland Utilities’ Lovett the provisions described above in be inconsistent with the CAA; and
generating station. The revision which allows Section IV. Proposed Action. • Does not provide EPA with the
Lovett to burn coal at units 4 and 5 was EPA has made, and will continue to discretionary authority to address, as
submitted by the New York State Department make, these documents generally appropriate, disproportionate human
of Environmental Conservation (NYSDEC) on
September 18, 1990, with additional
available electronically through http:// health or environmental effects, using
materials submitted on April 12, 1991, and www.regulations.gov and in hard copy practicable and legally permissible
June 3, 1991. This action sets the emission at the appropriate EPA office (see the methods, under Executive Order 12898
limit applicable to the facility to 1.0 pound ADDRESSES section of this preamble for (59 FR 7629, February 16, 1994).
per million British thermal units (MMBtu) for more information).
units 4 and 5 if both are operated on coal, In addition, this rule does not have
or to 1.5 lb/MMBtu for one unit if the other VI. Statutory and Executive Order tribal implications as specified by
is operated on fuel oil, natural gas or is not Reviews Executive Order 13175, because the SIP
operated at all, as set forth in the Certificates Under the CAA, the Administrator is is not approved to apply in Indian
to Operate issued by NYSDEC on April 3, required to approve a SIP submission country located in the state, and EPA
1991. The SO2 emission limit, monitoring
that complies with the provisions of the notes that it will not impose substantial
and recordkeeping requirements pertaining
to the SO2 emissions are incorporated by CAA and applicable Federal regulations. direct costs on tribal governments or
reference into the Certificates to Operate. 42 U.S.C. 7410(k); 40 CFR 52.02(a). preempt tribal law. Thus, Executive
Thus, in reviewing SIP submissions, Order 13175 does not apply to this
The EPA also proposes to revise 40
EPA’s role is to approve state choices, action.
CFR 52.1675(e) to conform with the new
provided that they meet the criteria of
nomenclature in New York’s revised List of Subjects in 40 CFR Part 52
the CAA. Accordingly, this action
Subpart 225–1, and for it to read as
merely proposes to approve state law as Environmental protection, Air
follows:
meeting Federal requirements and does pollution control, Incorporation by
(e) Any exception or variance promulgated not impose additional requirements
by the Commissioner under 6 NYCRR reference, Intergovernmental relations,
beyond those imposed by state law. For
Sections 225–1.3 and 1.4 shall not exempt Particulate matter, Reporting and
that reason, this proposed action:
any person from the requirements otherwise recordkeeping requirements, Sulfur
imposed by 6 NYCRR Subpart 225–1;
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office oxides.
provided that the Administrator may approve
such exception or variance as a plan revision of Management and Budget under Authority: 42 U.S.C. 7401 et seq.
when the provisions of this part, section Executive Order 12866 (58 FR 51735, Dated: June 8, 2018.
110(a)(3)(A) of the Act, and 40 CFR Part 51 October 4, 1993) and 13563 (76 FR 3821,
(relating to approval of and revisions to State Peter D. Lopez,
January 21, 2011);
implementation plans) have been satisfied • Is not an Executive Order 13771 (82 Regional Administrator, Region 2.
with respect to such exception or variance. FR 9339, February 2, 2017) regulatory [FR Doc. 2018–13722 Filed 6–25–18; 8:45 am]
action because SIP approvals are
sradovich on DSK3GMQ082PROD with PROPOSALS
The removed sections of 40 CFR BILLING CODE 6560–50–P
52.1675: (d), (f) and (g), will be labeled exempted under Executive Order 12866;
as reserved. • Does not impose an information
collection burden under the provisions
IV. Proposed Action of the Paperwork Reduction Act (44
The EPA proposes to approve the U.S.C. 3501 et seq.);
revisions to New York’s Title 6 of the • Is certified as not having a
New York Codes, Rules and Regulations significant economic impact on a
Subpart 225–1, ‘‘Fuel Composition and substantial number of small entities
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Document Created: 2018-06-26 00:52:59
Document Modified: 2018-06-26 00:52:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before July 26, 2018. | |
| Contact | Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3381, or by email at [email protected] | |
| FR Citation | 83 FR 29723 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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