[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Rules and Regulations]
[Pages 42981-42984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18301]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NY60-257a, FRL-7519-8]


Approval and Promulgation of Implementation Plans; Reasonably 
Available Control Technology for Oxides of Nitrogen for Specific 
Sources in the State of New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is announcing approval of a revision to the State 
Implementation Plan (SIP) for ozone submitted by the State of New York. 
This revision consists of a source-specific reasonably available 
control technology (RACT) determination for controlling oxides of 
nitrogen (NOX) from eighteen units at three facilities owned 
by Tenneco Gas Corporation in New York. This direct final rule approves 
the source-specific RACT determination that was made by New York in 
accordance with provisions of its regulation. The intended effect of 
this rulemaking is to approve source-specific emission limitations 
required by the Clean Air Act.

DATES: This direct final rule is effective on September 19, 2003 
without further notice, unless EPA receives adverse comment by August 
20, 2003. If an adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Raymond Werner, Chief, Air 
Programs Branch, Environmental Protection Agency, Region II Office, 290 
Broadway, New York, New York 10007-1866. Electronic comments could be 
sent either to [email protected] or to http://www.regulations.gov, 
which is an alternative method for submitting electronic comments to 
EPA. Go directly to http://www.regulations.gov, then select 
``Environmental Protection Agency'' at the top of the page and use the 
``go'' button. Please follow the on-line instructions for submitting 
comments. Copies of the State submittals are available at the following 
addresses for inspection during normal business hours: Environmental 
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 
25th Floor, New York, New York 10007-1866. New York Department of 
Environmental Conservation, Division of Air Resources, 625 Broadway, 
2nd Floor, Albany, New York 12233. Environmental Protection Agency, Air 
and Radiation Docket and Information Center, Air Docket (6102T), 1301 
Constitution Avenue, NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella 
([email protected]) or Richard Ruvo ([email protected]), Air 
Programs Branch, Environmental Protection Agency, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION: The following table of contents describes 
the format for the Supplementary Information section:

I. What Action Is EPA Taking Today?
II. What Is EPA's Finding on the State Submittal?
III. What Are the Clean Air Act Requirements for NOX 
RACT?
IV. What Are New York's Regulatory Requirements for NOX 
RACT?
    A. EPA Approval of New York's NOX RACT Regulation
    B. Case-by-Case NOX RACT Determinations
V. What Is EPA's Analysis of the State Submittal?
VI. What is EPA's Conclusion?
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking Today?

    EPA is approving a revision to New York's ozone SIP submitted on 
November 20, 1996 as supplemented on February 24, 1997. The SIP 
revision addresses specific sources that were submitted by New York in 
response to the Clean Air Act (CAA) requirement that states require 
Reasonably Available Control Technology (RACT) at all major stationary 
sources of NOX. The SIP revision consists of a source-
specific NOX RACT determination for controlling oxides of 
nitrogen (NOX) from eighteen gas-fired reciprocating 
engines, located at three compressor stations in New York State, that 
are owned/operated by Tenneco Gas Corporation (also known as Tenneco 
Gas Pipeline Company and Tennessee Gas Pipeline Company).

II. What Are EPA's Findings of Each State Submittal?

    The following is a summary of EPA's finding for a source-specific 
SIP revision for the Tenneco Gas Corporation's eighteen stationary 
internal combustion engines at three facilities. Tenneco Gas sought 
approval of, and New York agreed to, NOX RACT emission 
limits higher than that which are established in Subpart 227-2. It 
should be noted that EPA is only acting on the permitted emission rates 
and conditions of approval related to emissions of NOX; 
action is not being taken on any other pollutants which may be 
permitted by New York with regard to these sources.

Tenneco Gas Corporation (Tenneco Gas Pipeline Company or Tennessee Gas 
Pipeline Company)

    Tenneco Gas operates six 1400-horsepower reciprocating engines at 
the Hamburg (Eden) Compressor Station in Erie County, six 1400-
horsepower engines at the Nassau (Chatham) Compressor Station in 
Columbia County, and five 1400-horsepower and one 3500-horsepower 
engine (Worthington model ML-12) at the West Winfield Station in 
Herkimer County. All 18 units are gas-fired reciprocating lean-burn 
internal combustion engines. The facility's RACT analysis concluded, 
and New York agreed, that RACT for the seventeen 1400-horsepower 
engines (Worthington model UTC-165) is low emission combustion, 
consisting of a pre-combustion chamber with modified turbochargers, 
whereas RACT for the one 3500-horsepower engine (Worthington ML-12) is 
timing controls, new air-to-fuel ratio controls and modifications of 
the turbochargers. The alternative NOX emission limit for 
each of the seventeen 1400-horsepower engines is 7.0 grams per 
horsepower-hour and for the one 3500-horsepower engine is 13.3 grams 
per horsepower-hour.

III. What Are the Clean Air Act Requirements for NOX RACT?

    The CAA required certain states to develop RACT regulations for 
major stationary sources of NOX and to provide for the 
implementation of the required measures as soon as practicable but no 
later than May 31, 1995. Under the CAA, the definition of major 
stationary source is based on the tons per year (tpy) air pollution a 
source emits and the quality of the air in the area of the source. In 
ozone transport regions, attainment/unclassified areas as well as 
marginal and moderate ozone nonattainment areas, a major stationary 
source for NOX is considered to be one which emits or has 
the potential to emit 100 tpy or more of NOX and is subject 
to the requirements of a moderate nonattainment area. New York is 
within the Northeast ozone transport region

[[Page 42982]]

established by section 184(a) of the Act. New York has defined a major 
stationary source of NOX as a source which has the potential 
to emit 25 tpy in the New York City and lower Orange County 
metropolitan areas and 100 tpy in the rest of the State. Consequently, 
all major stationary sources of NOX within the State of New 
York are required to implement RACT no later than May 31, 1995. For 
detailed information on the CAA requirements for NOX RACT 
see the Technical Support Document prepared for today's action.

IV. What Are New York's Regulatory Requirements for NOX 
RACT?

A. EPA Approval of New York's NOX RACT Regulation

    On January 20, 1994, New York submitted to EPA for approval, as a 
revision to the SIP, 6 NYCRR Subpart 227-2, the State's NOX 
RACT plan entitled ``Reasonably Available Control Technology For Oxides 
of Nitrogen (NOX RACT)--Stationary Combustion 
Installations.'' Subpart 227-2 provides the NOX RACT 
requirements for combustion sources in New York and it became effective 
30-days after being adopted on January 19, 1994. On April 29, 1999, New 
York submitted amendments to Subpart 227-2 as part of the State's 
NOX Budget Trading Program (Part 227-3) SIP revision. On 
April 28, 2000, the EPA final approval action on the two SIP revisions 
for Subpart 227-2 was published in the Federal Register (65 FR 24875).
    On April 3, 2000, New York submitted to EPA for approval additional 
amendments to Subpart 227-2 as part of the State's NOX 
Budget Trading Program SIP revision (Part 204). On May 22, 2001, the 
EPA final approval action on the April 2000 submittal was published in 
the Federal Register (66 FR 28059).

B. Case-by-Case NOX RACT Determinations

    Provisions within Subpart 227-2 establish a procedure for a case-
by-case determination of what represents RACT for an item of equipment 
or source operation. This procedure is applicable in two situations: 
(1) If the major NOX facility contains any source operation 
or item of equipment of a category not specifically regulated in 
Subpart 227-2, or (2) if the owner or operator of a source operation or 
item of equipment of a category that is regulated in Subpart 227-2 
seeks approval of an alternative maximum allowable emission limit.
    Subpart 227-2 requires the owners and/or operators of the affected 
facility to submit either a RACT proposal if they are not covered by 
specific emission limitations or a request for an alternative maximum 
allowable emission limit if they are covered by specific emission 
limitations. For each situation, the owners/operators must include a 
technical and economic feasibility analysis of the possible alternative 
control measures. RACT determinations for an alternative maximum 
allowable emission limit must consider alternative control strategies 
(i.e., system wide averaging and fuel switching) in addition to 
considering control technologies (e.g., low NOX burners). In 
either case, Subpart 227-2 provides for New York to establish emission 
limits based upon a RACT determination specific to the facility. The 
resulting alternative maximum allowable emission limit must be 
submitted to EPA for approval as a SIP revision.

V. What Is EPA's Analysis of the State Submittal?

    The source specific SIP revision that is the subject of this action 
was adopted by New York in August 1995 and February 1997, and found by 
EPA to be administratively and technically complete. The SIP revision 
was a request by New York for EPA approval of alternative emission 
limits in accordance with provisions of Subpart 227-2 for stationary 
combustion sources. Prior to adoption, New York published its proposed 
RACT determinations in the State's ``Environmental Notice Bulletin'' 
and provided 30 days for public comment and an opportunity to request a 
public hearing. There were no requests for public hearings and New York 
reviewed and responded to all comments made. New York determined that 
the alternative maximum allowable emission limits proposed by the owner 
conform with the applicable provisions of Subpart 227-2. New York has 
issued to the owner a revised permit to construct/certificate to 
operate and/or special permit conditions incorporating approved permit 
conditions which are fully enforceable by the State and which contain 
conditions consistent with Subpart 227-2. These permitted documents are 
identified in the ``Incorporation by reference'' section at the end of 
this rulemaking.
    EPA has determined that the NOX emission limits 
identified in New York's approved permits to construct/certificates to 
operate and/or special permit conditions represent RACT for each source 
identified in this action. The permit conditions include emission 
limits, work practice standards, testing, monitoring, and record 
keeping/reporting requirements. These permit conditions are consistent 
with the NOX RACT requirements specified in Subpart 227-2 
and conform to EPA's NOX RACT guidance. Therefore, EPA is 
approving the source-specific SIP revision submitted by New York dated 
November 20, 1996, as supplemented on February 24, 1997.
    EPA's evaluation of the RACT submittal is detailed in a document 
entitled ``Technical Support Document-NOX RACT Source 
Specific SIP Revisions-State of New York.'' A copy of that document is 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document.

VI. What Is EPA's Conclusion?

    The EPA is approving the source-specific compliance plans described 
above as RACT for the control of NOX emissions from the 
eighteen sources located at three facilities identified in the this 
source-specific SIP revision. Please note that if EPA receives an 
adverse comment on an amendment, paragraph, or specific source 
addressed in this direct final rule and if the provision that relates 
to the adverse comment may be severed from the remainder of the rule, 
EPA may sever the provision and adopt as final those provisions of the 
rule that are not the subject of the adverse comment.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the same source-specific SIP 
revision should adverse comments be filed. This final rule will be 
effective September 19, 2003 without further notice unless the Agency 
receives relevant adverse comments by August 20, 2003.
    If the EPA receives adverse comments, then EPA will publish a 
notice withdrawing the final rule or the portion to be severed from the 
final rule and informing the public that the rule did not take effect. 
All public comments received will then be addressed in a subsequent 
final rule based on the proposed rule. The EPA will not institute a 
second comment period on the proposed rule. Parties interested in 
commenting on the proposed rule should do so at this time. If no such 
comments are received, the public is advised that this rule will be 
effective on September 19, 2003 and no further action will be taken on 
the proposed rule.

[[Page 42983]]

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding this action under section 801 because 
this is a rule of particular applicability.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 19, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: June 17, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart HH--New York

0
2. Section 52.1670 is amended by adding new paragraph (c)(102) to read 
as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (102) Revisions to the State Implementation Plan submitted by the 
New York State Department of Environmental Conservation on November 20, 
1996 as supplemented on February 24, 1997.
    (i) Incorporation by reference:
    (A) Permits to Construct/Certificates to Operate: The following 
facilities have been issued permits to construct/certificates to 
operate and/or special permit conditions by New York State and such 
permits and/or certificates are incorporated for the purpose of 
establishing NOX emission limits consistent with Subpart 
227-2:
    (1) Tenneco Gas Corporation's (also known as Tenneco Gas Pipeline 
Company and Tennessee Gas Pipeline Company) eighteen gas-fired 
reciprocating internal combustion engines, Erie, Columbia, and Herkimer 
Counties; Compressor Station 229 at Eden, NY: permits to 
construct and certificates to operate dated August 22, 1995 for 
emission points 0001A through 0006A; Compressor Station 254 at 
Chatham, NY: permits to construct and certificates to operate dated 
October 4, 1995 with attached Special Conditions dated September 15, 
1995 for emission points 00001 through 00006; Compressor Station 
245 at West Winfield, NY: Special (Permit) Conditions attached 
to New York State's letter dated February 24, 1997 for emission points 
00001 through 00006.
    (2) [Reserved]
    (ii) Additional information--Documentation and information to 
support NOX RACT alternative emission limits in two letters 
addressed to EPA from New York State Department of Environmental 
Conservation and dated as follows:

[[Page 42984]]

    (1) November 20, 1996 letter to Ms. Kathleen C. Callahan, Director 
of the Division of Environmental Planning and Protection from Deputy 
Commissioner David Sterman providing a SIP revision for Tenneco Gas 
Pipeline Company.
    (2) February 24, 1997 letter to Ronald Borsellino, Chief of the Air 
Programs Branch from Donald H. Spencer, P.E., providing supplemental 
information for Tenneco Gas Pipeline Company's Compressor Station 
245.

[FR Doc. 03-18301 Filed 7-18-03; 8:45 am]
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