83_FR_7003 83 FR 6970 - Approval and Revision of Air Quality Implementation Plans; State of New York; Regional Haze State and Federal Implementation Plans

83 FR 6970 - 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 83, Issue 33 (February 16, 2018)

Page Range6970-6972
FR Document2018-03192

The Environmental Protection Agency (EPA) is approving a source-specific revision to the New York State Implementation Plan (SIP). The SIP revision establishes Best Available Retrofit Technology (BART) emission limits for sulfur dioxide that are identical to those set by the EPA's Federal Implementation Plan (FIP) for the Roseton Generating Station, Units 1 and 2, which was promulgated in an action taken 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 Roseton Units 1 and 2. In conjunction with this approval, the EPA is withdrawing the FIP that addresses BART for Roseton Units 1 and 2.

Federal Register, Volume 83 Issue 33 (Friday, February 16, 2018)
[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6970-6972]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0340; FRL-9974-47-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.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
source-specific revision to the New York State Implementation Plan 
(SIP). The SIP revision establishes Best Available Retrofit Technology 
(BART) emission limits for sulfur dioxide that are identical to those 
set by the EPA's Federal Implementation Plan (FIP) for the Roseton 
Generating Station, Units 1 and 2, which was promulgated in an action 
taken 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 Roseton Units 1 and 2. In conjunction with this approval, the EPA 
is withdrawing the FIP that addresses BART for Roseton Units 1 and 2.

DATES: This rule is effective on March 19, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2017-0340. All documents in the docket are 
listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, e.g., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly 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 available information.

FOR FURTHER INFORMATION CONTACT: Irene B. Nielson, Environmental 
Protection Agency, Air Programs Branch, 290 Broadway, New York, New 
York 10007-1866 at 212-637-3586 or by email at nielson.irene@epa.gov.

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 State Implementation Plan 
(SIP) revision for Units 1 and 2 of the Roseton Generating Station 
submitted by the New York State Department of Environmental 
Conservation (NYSDEC) on April 18, 2017. The EPA is approving emission 
limits for sulfur dioxide (SO2) for Roseton Units 1 and 2 
that are equivalent to the emission limits established by the EPA's 
Federal Implementation Plan (FIP), which was promulgated on August 28, 
2012 (77 FR 51915).
    In its submittal, the NYSDEC included the following BART emission 
limits for Roseton Units 1 and 2: 0.55 pounds of SO2 per 
million British thermal unit (lb SO2/MMBtu) calculated on a 
24-hour average for each unit.\1\ As a result of the EPA's approval, 
the EPA is withdrawing those portions of the FIP that address BART for 
Roseton Units 1 and 2. The reader is referred to the EPA's proposal, 82 
FR 48942 (October 23, 2017), for a detailed discussion of this SIP 
revision.
---------------------------------------------------------------------------

    \1\ In the SIP submittal and in subsequent correspondence with 
the EPA, NYSDEC notes the oxides of nitrogen (NOX) and 
Particulate Matter (PM) limits for Roseton Generating Station Units 
1 and 2, which were not subject to the FIP and are not part of this 
SIP action, are consistent with BART limits approved by EPA in its 
August 28, 2012 Final Action on New York's Regional Haze SIP (77 FR 
51915).
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II. What significant comments were received in response to the EPA's 
proposed action?

    During the public comment period, three interested parties 
submitted comments on the EPA's proposal. Two comments expressed 
support of this action. A third commenter expressed support for the 
benefits of reduced sulfur for public health and raised the following 
two additional comments.
    Comment 1: The commenter questioned the need for the SIP revision 
since the FIP was already in place.
    Response: The Clean Air Act (CAA) obligates the EPA to act on a 
State's SIP submittal or revision, provided the submittal meets minimum 
completeness criteria. CAA section 110(k) (1); 40 CFR

[[Page 6971]]

part 51, appendix V. Because the SIP revision meets CAA requirements, 
we are required to approve it. See CAA section 110(k)(3), (l).
    Comment 2: The commenter suggested that the State should submit new 
or updated enforcement rules.
    Response: It is unclear what the commenter means by ``new or 
updated enforcement rules.'' NYSDEC submitted a SIP revision to address 
the BART requirements for Roseton Units 1 and 2. The commenter has not 
identified any issues with the SIP revision that would warrant a change 
in the EPA's proposal to approve it.

III. What are the EPA's conclusions?

    The EPA has evaluated the Roseton 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 Roseton Units 1 and 2, which are identical 
to those contained in the EPA's 2012 FIP: 0.55 pounds of SO2 
per million British thermal unit (lb SO2/MMBtu) calculated 
on a 24-hour average for each unit (Units 1 and 2). Consequently, the 
EPA is withdrawing those portions of the 2012 FIP that address BART for 
Roseton Units 1 and 2.
    At the time of the proposal, Roseton and Danskammer were the only 
two sources in New York State subject to the Regional Haze FIP (77 FR 
51915). In a separate action, effective January 3, 2018, the EPA 
withdrew the FIP requirements for Danskammer after approving a source-
specific SIP (82 FR 57126). In this action, the EPA is similarly 
approving a source-specific SIP for Roseton and withdrawing the FIP 
requirements for that facility. Upon the effective date of the Federal 
Register notice, the requirements in the approved SIP for Roseton 
Generating Station Units 1 and 2 will apply, the FIP requirements for 
Roseton Generating Station Units 1 and 2 will be withdrawn, and the 
Regional Haze FIP, 40 CFR 52.1686, will be removed in its entirety.

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 April 18, 2017, for Roseton Units 1 
and 2 (Facility DEC ID 3334600075), including Title V permit conditions 
(permit ID 3-3346-00075/0008) that include BART emission limits for 
SO2. The summary of emission limits and other enforceable 
requirements in this SIP revision are included in section I of this 
notice. The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 2 
Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information). 
Therefore, these materials have been approved by the EPA for inclusion 
in the SIP, have been incorporated by reference by the 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.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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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 NYSDEC for Roseton Units 1 and 2. Approval of SIPs falls within 
a category of actions that is exempt 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 SIP.

C. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (PRA).\3\ Because this 
final rule has identical recordkeeping and reporting requirements to 
the EPA's 2012 FIP, the PRA does not apply.
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    \3\ 44 U.S.C. 3501 et seq.
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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.

[[Page 6972]]

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, the SIP revision being approved in this action 
includes 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 rule is exempt from the CRA because it is a rule of particular 
applicability.

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 April 17, 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: February 8, 2018.
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. In Sec.  52.1670, the table in paragraph (d) is amended by revising 
the entry ``Roseton Generating Station-Dynegy'' to read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (d) * * *

                                EPA-Approved New York Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                                                State       EPA approval
          Name of source                Identifier No.     effective date       date              Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Roseton Generating Station........  NYSDEC Facility No.         12/5/2016       2/16/2018  Best Available
                                     33346000075.                                           Retrofit Technology
                                                                                            (BART) emission
                                                                                            limits for SO2
                                                                                            pursuant to 6 NYCRR
                                                                                            part 249 for Units 1
                                                                                            and 2.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  52.1686  [Removed and Reserved]

0
3. Section 52.1686 is removed and reserved.

[FR Doc. 2018-03192 Filed 2-15-18; 8:45 am]
BILLING CODE 6560-50-P



                                             6970              Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

                                             Congress and to the Comptroller General                 the requirements for both the State’s                 SUPPLEMENTARY INFORMATION:
                                             of the United States. EPA will submit a                 marginal and moderate classifications.                Throughout this document, ‘‘we,’’ ‘‘us,’’
                                             report containing this action and other                 [FR Doc. 2018–03252 Filed 2–15–18; 8:45 am]           and ‘‘our’’ refer to the EPA.
                                             required information to the U.S. Senate,                BILLING CODE 6560–50–P                                Table of Contents
                                             the U.S. House of Representatives, and
                                             the Comptroller General of the United                                                                         I. What action is the EPA taking today?
                                             States prior to publication of the rule in              ENVIRONMENTAL PROTECTION                              II. What significant comments were received
                                             the Federal Register. A major rule                      AGENCY                                                     in response to the EPA’s proposed
                                             cannot take effect until 60 days after it                                                                          action?
                                                                                                     40 CFR Part 52                                        III. What are the EPA’s conclusions?
                                             is published in the Federal Register.                                                                         IV. Incorporation by Reference
                                             This action is not a ‘‘major rule’’ as                  [EPA–R02–OAR–2017–0340; FRL–9974–47–                  V. Statutory and Executive Order Reviews
                                             defined by 5 U.S.C. 804(2).                             Region 2]
                                                Under section 307(b)(1) of the Clean                                                                       I. What action is the EPA taking today?
                                             Air Act, petitions for judicial review of               Approval and Revision of Air Quality                     The EPA is approving a source-
                                             this action must be filed in the United                 Implementation Plans; State of New                    specific State Implementation Plan (SIP)
                                             States Court of Appeals for the Second                  York; Regional Haze State and Federal                 revision for Units 1 and 2 of the Roseton
                                             Circuit by April 17, 2018. Filing a                     Implementation Plans                                  Generating Station submitted by the
                                             petition for reconsideration by the                     AGENCY:  Environmental Protection                     New York State Department of
                                             Administrator of this final rule does not               Agency.                                               Environmental Conservation (NYSDEC)
                                             affect the finality of this action for the              ACTION: Final rule.
                                                                                                                                                           on April 18, 2017. The EPA is approving
                                             purposes of judicial review nor does it                                                                       emission limits for sulfur dioxide (SO2)
                                             extend the time within which a petition                 SUMMARY:    The Environmental Protection              for Roseton Units 1 and 2 that are
                                             for judicial review may be filed, and                   Agency (EPA) is approving a source-                   equivalent to the emission limits
                                             shall not postpone the effectiveness of                 specific revision to the New York State               established by the EPA’s Federal
                                             such rule or action. This action may not                Implementation Plan (SIP). The SIP                    Implementation Plan (FIP), which was
                                             be challenged later in proceedings to                   revision establishes Best Available                   promulgated on August 28, 2012 (77 FR
                                             enforce its requirements. (See section                  Retrofit Technology (BART) emission                   51915).
                                             307(b)(2).)                                             limits for sulfur dioxide that are                       In its submittal, the NYSDEC
                                                                                                     identical to those set by the EPA’s                   included the following BART emission
                                             List of Subjects in 40 CFR Part 52                      Federal Implementation Plan (FIP) for                 limits for Roseton Units 1 and 2: 0.55
                                               Environmental protection, Air                         the Roseton Generating Station, Units 1               pounds of SO2 per million British
                                             pollution control, Incorporation by                     and 2, which was promulgated in an                    thermal unit (lb SO2/MMBtu) calculated
                                             reference, Intergovernmental relations,                 action taken on August 28, 2012. The                  on a 24-hour average for each unit.1 As
                                             Nitrogen dioxide, Ozone, Reporting and                  EPA finds that the SIP revision fulfills              a result of the EPA’s approval, the EPA
                                             recordkeeping requirements, Volatile                    the requirements of the Clean Air Act                 is withdrawing those portions of the FIP
                                             organic compounds.                                      and the EPA’s Regional Haze Rule for                  that address BART for Roseton Units 1
                                                                                                     Roseton Units 1 and 2. In conjunction                 and 2. The reader is referred to the
                                               Dated: February 6, 2018.
                                                                                                     with this approval, the EPA is                        EPA’s proposal, 82 FR 48942 (October
                                             Alexandra Dapolito Dunn,                                withdrawing the FIP that addresses                    23, 2017), for a detailed discussion of
                                             Regional Administrator, EPA New England.                BART for Roseton Units 1 and 2.                       this SIP revision.
                                               Part 52 of chapter I, title 40 of the                 DATES: This rule is effective on March
                                                                                                                                                           II. What significant comments were
                                             Code of Federal Regulations is amended                  19, 2018.
                                                                                                                                                           received in response to the EPA’s
                                             as follows:                                             ADDRESSES: The EPA has established a                  proposed action?
                                                                                                     docket for this action under Docket ID
                                             PART 52—APPROVAL AND                                    No. EPA–R02–OAR–2017–0340. All                           During the public comment period,
                                             PROMULGATION OF                                         documents in the docket are listed on                 three interested parties submitted
                                             IMPLEMENTATION PLANS                                    the www.regulations.gov website.                      comments on the EPA’s proposal. Two
                                                                                                     Although listed in the index, some                    comments expressed support of this
                                             ■ 1. The authority citation for part 52                 information is not publicly available,                action. A third commenter expressed
                                             continues to read as follows:                           e.g., confidential business information               support for the benefits of reduced
                                                                                                     (CBI) or other information whose                      sulfur for public health and raised the
                                                 Authority: 42 U.S.C. 7401 et seq.
                                                                                                     disclosure is restricted by statute.                  following two additional comments.
                                             Subpart H—Connecticut                                   Certain other material, such as                          Comment 1: The commenter
                                                                                                     copyrighted material, is not placed on                questioned the need for the SIP revision
                                             ■ 2. Section 52.377 is amended by                       the internet and will be publicly                     since the FIP was already in place.
                                             adding paragraph (r) to read as follows:                available only in hard copy form.                        Response: The Clean Air Act (CAA)
                                                                                                     Publicly available docket materials are               obligates the EPA to act on a State’s SIP
                                             § 52.377    Control strategy: Ozone.                    available through www.regulations.gov,                submittal or revision, provided the
                                             *      *    *    *     *                                or please contact the person identified               submittal meets minimum completeness
                                                (r) Approval—Submittal from the                      in the FOR FURTHER INFORMATION                        criteria. CAA section 110(k) (1); 40 CFR
                                             Connecticut Department of Energy and                    CONTACT section for additional available
                                                                                                                                                             1 In the SIP submittal and in subsequent
                                             Environmental Protection dated March                    information.
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                           correspondence with the EPA, NYSDEC notes the
                                             9, 2017, to address the nonattainment                   FOR FURTHER INFORMATION CONTACT:                      oxides of nitrogen (NOX) and Particulate Matter
                                             new source review requirements for the                  Irene B. Nielson, Environmental                       (PM) limits for Roseton Generating Station Units 1
                                             2008 8-hour ozone NAAQS for the                         Protection Agency, Air Programs                       and 2, which were not subject to the FIP and are
                                                                                                                                                           not part of this SIP action, are consistent with
                                             Greater Connecticut and the New York-                   Branch, 290 Broadway, New York, New                   BART limits approved by EPA in its August 28,
                                             N. New Jersey-Long Island, NY–NJ–CT                     York 10007–1866 at 212–637–3586 or                    2012 Final Action on New York’s Regional Haze SIP
                                             ozone nonattainment areas, as it meets                  by email at nielson.irene@epa.gov.                    (77 FR 51915).



                                        VerDate Sep<11>2014   17:46 Feb 15, 2018   Jkt 244001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\16FER1.SGM   16FER1


                                                               Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations                                             6971

                                             part 51, appendix V. Because the SIP                    00075/0008) that include BART                          D. Regulatory Flexibility Act
                                             revision meets CAA requirements, we                     emission limits for SO2. The summary                      I certify that this action will not have
                                             are required to approve it. See CAA                     of emission limits and other enforceable               a significant economic impact on a
                                             section 110(k)(3), (l).                                 requirements in this SIP revision are                  substantial number of small entities
                                                Comment 2: The commenter                             included in section I of this notice. The
                                             suggested that the State should submit                                                                         under the RFA. This rule does not
                                                                                                     EPA has made, and will continue to                     impose any requirements or create
                                             new or updated enforcement rules.                       make, these materials generally
                                                Response: It is unclear what the                                                                            impacts on small entities as no small
                                                                                                     available through www.regulations.gov                  entities are subject to the requirements
                                             commenter means by ‘‘new or updated                     and at the EPA Region 2 Office (please
                                             enforcement rules.’’ NYSDEC submitted                                                                          of this rule.
                                                                                                     contact the person identified in the FOR
                                             a SIP revision to address the BART                      FURTHER INFORMATION CONTACT section of                 E. Unfunded Mandates Reform Act
                                             requirements for Roseton Units 1 and 2.                                                                        (UMRA)
                                                                                                     this preamble for more information).
                                             The commenter has not identified any
                                                                                                     Therefore, these materials have been                     This action does not contain any
                                             issues with the SIP revision that would
                                                                                                     approved by the EPA for inclusion in                   unfunded mandate of $100 million or
                                             warrant a change in the EPA’s proposal
                                             to approve it.                                          the SIP, have been incorporated by                     more as described in UMRA, 2 U.S.C.
                                                                                                     reference by the EPA into that plan, are               1531–1538, and does not significantly or
                                             III. What are the EPA’s conclusions?                    fully federally enforceable under                      uniquely affect small governments.
                                                The EPA has evaluated the Roseton                    sections 110 and 113 of the CAA as of                  Because this final rule has identical
                                             SIP Revision and is determining that it                 the effective date of the final rulemaking             BART emission limits and related
                                             meets the requirements of the CAA and                   of the EPA’s approval, and will be                     administrative requirements (i.e.,
                                             the Regional Haze Rule. Therefore, the                  incorporated by the Director of the                    monitoring, recordkeeping and
                                             EPA is approving the BART emission                      Federal Register in the next update to                 reporting requirements) to the EPA’s
                                             limits and related administrative                       the SIP compilation.2                                  2012 FIP, this final rule is not subject to
                                             requirements (i.e., monitoring,                                                                                the requirements of sections 202 or 205
                                                                                                     V. Statutory and Executive Order                       of UMRA. This final rule is also not
                                             recordkeeping, and reporting
                                             requirements) for Roseton Units 1 and 2,                Reviews                                                subject to the requirements of section
                                             which are identical to those contained                    Additional information about these                   203 of UMRA because it contains no
                                             in the EPA’s 2012 FIP: 0.55 pounds of                   statutes and Executive Orders can be                   regulatory requirements that might
                                             SO2 per million British thermal unit (lb                found at http://www2.epa.gov/laws-                     significantly or uniquely affect small
                                             SO2/MMBtu) calculated on a 24-hour                      regulations/laws-and-executive-orders.                 governments.
                                             average for each unit (Units 1 and 2).                                                                         F. Executive Order 13132: Federalism
                                             Consequently, the EPA is withdrawing                    A. Executive Order 12866: Regulatory
                                             those portions of the 2012 FIP that                     Planning and Review and Executive                        This action does not have federalism
                                             address BART for Roseton Units 1 and                    Order 13563: Improving Regulation and                  implications. It will not have substantial
                                             2.                                                      Regulatory Review                                      direct effects on the states, on the
                                                At the time of the proposal, Roseton                                                                        relationship between the national
                                             and Danskammer were the only two                          This action is exempt from review by                 government and the states, or on the
                                             sources in New York State subject to the                the Office of Management and Budget                    distribution of power and
                                             Regional Haze FIP (77 FR 51915). In a                   (OMB) because it will result in the                    responsibilities among the various
                                             separate action, effective January 3,                   approval of a SIP submitted by the                     levels of government.
                                             2018, the EPA withdrew the FIP                          NYSDEC for Roseton Units 1 and 2.
                                                                                                                                                            G. Executive Order 13175: Consultation
                                             requirements for Danskammer after                       Approval of SIPs falls within a category
                                                                                                                                                            and Coordination With Indian Tribal
                                             approving a source-specific SIP (82 FR                  of actions that is exempt from review by
                                                                                                                                                            Governments
                                             57126). In this action, the EPA is                      OMB. It was therefore not submitted to
                                             similarly approving a source-specific                   OMB for review.                                          This action does not have tribal
                                             SIP for Roseton and withdrawing the                                                                            implications, as specified in Executive
                                                                                                     B. Executive Order 13771: Reducing                     Order 13175. It will not have substantial
                                             FIP requirements for that facility. Upon
                                                                                                     Regulations and Controlling Regulatory                 direct effects on tribal governments.
                                             the effective date of the Federal Register
                                             notice, the requirements in the                         Costs                                                  Thus, Executive Order 13175 does not
                                             approved SIP for Roseton Generating                       This action is not an Executive Order                apply to this rule.
                                             Station Units 1 and 2 will apply, the FIP               13771 regulatory action because this                   H. Executive Order 13045: Protection of
                                             requirements for Roseton Generating                     action falls within the category of                    Children From Environmental Health
                                             Station Units 1 and 2 will be                           actions that OMB has exempted from                     Risks and Safety Risks
                                             withdrawn, and the Regional Haze FIP,                   review. This action specifically is an
                                             40 CFR 52.1686, will be removed in its                                                                           This action is not subject to Executive
                                                                                                     approval of a SIP.                                     Order 13045 (62 FR 19885, April 23,
                                             entirety.
                                                                                                     C. Paperwork Reduction Act                             1997). The EPA interprets Executive
                                             IV. Incorporation by Reference                                                                                 Order 13045 as applying only to those
                                               In this rule, the EPA is finalizing                     This action does not impose an                       regulatory actions that concern
                                             regulatory text that includes                           information collection burden under the                environmental health or safety risks that
                                             incorporation by reference. In                          provisions of the Paperwork Reduction                  the EPA has reason to believe may
                                             accordance with the requirements of 1                   Act (PRA).3 Because this final rule has                disproportionately affect children, per
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                                             CFR 51.5, the EPA is finalizing the                     identical recordkeeping and reporting                  the definition of ‘‘covered regulatory
                                             incorporation by reference of a single-                 requirements to the EPA’s 2012 FIP, the                action’’ in section 2–202 of the
                                             source SIP revision, dated April 18,                    PRA does not apply.                                    Executive Order. This action is not
                                             2017, for Roseton Units 1 and 2 (Facility                                                                      subject to Executive Order 13045
                                             DEC ID 3334600075), including Title V                     2 62   FR 27968 (May 22, 1997).                      because it does not concern an
                                             permit conditions (permit ID 3–3346–                      3 44   U.S.C. 3501 et seq.                           environmental health risk or safety risk.


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                                             6972                Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

                                             I. Executive Order 13211: Actions                         and related administrative requirements               reference, Intergovernmental relations,
                                             Concerning Regulations That                               (i.e., monitoring, recordkeeping and                  Nitrogen dioxide, Particulate matter,
                                             Significantly Affect Energy Supply,                       reporting requirements) to the EPA’s                  Reporting and recordkeeping
                                             Distribution, or Use                                      2012 FIP.                                             requirements, Sulfur oxides.
                                                This action is not subject to Executive                L. Congressional Review Act (CRA)                         Authority: 42 U.S.C. 7401 et seq.
                                             Order 13211 (66 FR 28355, May 22,                                                                                 Dated: February 8, 2018.
                                             2001) because it is not a significant                       This rule is exempt from the CRA
                                                                                                       because it is a rule of particular                    E. Scott Pruitt,
                                             regulatory action under Executive Order
                                                                                                       applicability.                                        Administrator.
                                             12866.
                                                                                                       M. Judicial Review                                      Part 52, chapter I, title 40 of the Code
                                             J. National Technology Transfer and
                                                                                                                                                             of Federal Regulations is amended as
                                             Advancement Act                                              Under section 307(b)(1) of the CAA,                follows:
                                                This rulemaking does not involve                       petitions for judicial review of this
                                             technical standards. Therefore, the EPA                   action must be filed in the United States             PART 52—APPROVAL AND
                                             is not considering the use of any                         Court of Appeals for the appropriate                  PROMULGATION OF
                                             voluntary consensus standards.                            circuit by April 17, 2018. Filing a                   IMPLEMENTATION PLANS
                                                                                                       petition for reconsideration by the
                                             K. Executive Order 12898: Federal                         Administrator of this final rule does not             ■ 1. The authority citation for part 52
                                             Actions To Address Environmental                          affect the finality of this action for the            continues to read as follows:
                                             Justice in Minority Populations and                       purposes of judicial review nor does it
                                             Low-Income Populations                                                                                              Authority: 42 U.S.C. 7401 et seq.
                                                                                                       extend the time within which a petition
                                                The EPA believes that this action does                 for judicial review may be filed, and                 Subpart HH—New York
                                             not have disproportionately high and                      shall not postpone the effectiveness of
                                             adverse human health or environmental                     such rule or action. This action may not              ■  2. In § 52.1670, the table in paragraph
                                             effects on minority populations, low-                     be challenged later in proceedings to                 (d) is amended by revising the entry
                                             income populations and/or indigenous                      enforce its requirements. See CAA                     ‘‘Roseton Generating Station-Dynegy’’ to
                                             peoples, as specified in Executive Order                  section 307(b)(2).                                    read as follows:
                                             12898 (59 FR 7629, February 16, 1994).
                                             As explained previously, the SIP                          List of Subjects in 40 CFR Part 52                    § 52.1670    Identification of plan.
                                             revision being approved in this action                      Environmental protection, Air                       *       *    *        *    *
                                             includes identical BART emission limits                   pollution control, Incorporation by                       (d) * * *
                                                                                         EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS
                                                                                                                                     State effective    EPA approval
                                                         Name of source                                Identifier No.                                                                  Comments
                                                                                                                                          date             date


                                                     *                    *                          *                          *                       *                     *                    *
                                             Roseton Generating Station ...........       NYSDEC Facility No.                              12/5/2016         2/16/2018    Best Available Retrofit Technology
                                                                                          33346000075.                                                                      (BART) emission limits for SO2
                                                                                                                                                                            pursuant to 6 NYCRR part 249
                                                                                                                                                                            for Units 1 and 2.

                                                        *                        *                       *                      *                       *                      *                     *



                                             *      *       *       *      *                           ACTION:   Final rule.                                 DATES: This rule is effective on March
                                                                                                                                                             19, 2018.
                                             § 52.1686      [Removed and Reserved]
                                                                                                       SUMMARY:   The Environmental Protection               ADDRESSES:    EPA has established a
                                             ■ 3. Section 52.1686 is removed and                       Agency (EPA) is approving State                       docket for this action under Docket
                                             reserved.                                                 Implementation Plan (SIP) revisions                   Identification No. EPA–R01–OAR–
                                             [FR Doc. 2018–03192 Filed 2–15–18; 8:45 am]               submitted by the State of New                         2017–0138. All documents in the docket
                                             BILLING CODE 6560–50–P                                    Hampshire on August 9, 2011 and July                  are listed on the www.regulations.gov
                                                                                                       23, 2013. These SIP revisions establish               website. Although listed in the index,
                                                                                                       rules for open burning and establish                  some information is not publicly
                                             ENVIRONMENTAL PROTECTION                                  emission standards and operating                      available, i.e., confidential business
                                             AGENCY                                                    practices for incinerators and wood                   information (CBI) or other information
                                                                                                       waste burners that are not regulated                  whose disclosure is restricted by statute.
                                             40 CFR Part 52
                                                                                                       pursuant to Federal incinerator                       Certain other material, such as
                                                                                                       standards. We are also approving                      copyrighted material, is not placed on
                                             [EPA–R01–OAR–2017–0138; FRL–9973–19–                      revisions to the definitions of                       the internet and will be publicly
                                             Region 1]
                                                                                                       ‘‘Incinerator’’ and ‘‘Wood Waste                      available only in hard copy form.
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                                             Air Plan Approval; New Hampshire;                         Burner,’’ submitted by the State on July              Publicly available docket materials are
                                             Rules for Open Burning and                                23, 2013 and October 26, 2016,                        available at www.regulations.gov or at
                                             Incinerators                                              respectively. This action is being taken              the U.S. Environmental Protection
                                                                                                       in accordance with the Clean Air Act                  Agency, EPA New England Regional
                                             AGENCY: Environmental Protection                          (CAA).                                                Office, Office of Ecosystem Protection,
                                             Agency (EPA).                                                                                                   Air Quality Planning Unit, 5 Post Office


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Document Created: 2018-02-16 00:55:41
Document Modified: 2018-02-16 00:55:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on March 19, 2018.
ContactIrene B. Nielson, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 10007-1866 at 212-637-3586 or by email at [email protected]
FR Citation83 FR 6970 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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