[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Rules and Regulations]
[Pages 39858-39860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14820]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NY68-277, FRL-7776-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is conditionally approving a revision to the State 
Implementation Plan (SIP) for ozone submitted by the State of New York. 
This SIP revision consists of a source-specific reasonably available 
control technology (RACT) determination for controlling oxides of 
nitrogen from the sodium nitrite manufacturing plant operated by 
General Chemical Corporation. This action conditionally approves the 
source-specific RACT determination that was made by New York in 
accordance with provisions of its regulation to help meet the national 
ambient air quality standard for ozone. The intended effect of this 
final rule is to conditionally approve source-specific emission 
limitations required by the Clean Air Act.

DATES: Effective Date: This rule is effective on August 2, 2004.

ADDRESSES: The official public rulemaking file is available for public 
viewing during normal business hours at the EPA, Region 2 Office, Air 
Programs Branch, 290 Broadway, New York, New York 10007-1866. Copies of 
the State submittal and EPA's technical support document are also 
available for public inspection during normal business hours at the New 
York Department of Environmental Conservation, Division of Air 
Resources, 625 Broadway, 2nd Floor, Albany, New York 12233. Copies of 
documents related to the docket are also available at the EPA, Air and 
Radiation Docket and Information Center, Air Docket (6102T), 1301 
Constitution Avenue, NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Richard Ruvo, Air Programs Branch, 
Environmental Protection Agency Region 2, 290 Broadway, 25th Floor, New 
York, New York 10007-1866, (212) 637-4014, [email protected].

SUPPLEMENTARY INFORMATION:

Overview

    EPA is conditionally approving the New York State Department of 
Environmental Conservation's (New York's) source-specific reasonably 
available control technology (RACT) determination for controlling 
oxides of nitrogen (NOX) from the sodium nitrite 
manufacturing plant operated by General Chemical Corporation (General 
Chemical).
    The following table of contents describes the format for this 
SUPPLEMENTARY INFORMATION section:

I. What Action Is EPA Taking Today?
II. What Comments Did EPA Receive on the Proposal?
III. What Is EPA's Conclusion?
IV. Statutory and Executive Order Reviews

I. What Action Is EPA Taking Today?

    EPA is conditionally approving New York's revision to the ozone 
State Implementation Plan (SIP) submitted to EPA on April 12, 2000 and 
supplemented on May 12, 2000, May 16, 2000, October 10, 2002 and 
February 24, 2003. This SIP revision relates to New York's 
NOX RACT determination for General Chemical's sodium nitrite 
manufacturing plant located in Solvay, Onondaga County.
    EPA published in the Federal Register on April 7, 2004 (69 FR 
18319) a proposal to conditionally approve New York's SIP revision. The 
April 7, 2004 proposed rule contains additional information regarding 
New York's SIP revision, EPA's rationale for conditionally approving 
New York's SIP revision, and describes in detail the deficiencies that 
New York must address in order for EPA to fully approve this SIP 
revision. The three deficiencies are to:

[[Page 39859]]

    1. Reassess as part of the RACT analysis, the technical and 
economic feasibility of installing selective catalytic reduction (SCR) 
technology, switching from soda ash to sodium hydroxide for the entire 
manufacturing process, and correcting Director Discretion provisions in 
any permit conditions;
    2. Demonstrate compliance with the NO2 National Ambient 
Air Quality Standard, based on a cumulative air quality modeling 
analysis, consistent with EPA Guidance, as provided under section 110 
of the Act; and,
    3. Provide recent continuous emissions monitoring (CEM) data in 
order to determine an appropriate NOX RACT emission 
limitation.
    In a letter dated May 7, 2004, New York committed to correct the 
three deficiencies discussed in the April 7, 2004 proposed rule, and to 
submit a new SIP revision within one year of the effective date of this 
rule. Once New York submits a new SIP revision to address these 
deficiencies, EPA can take action to fully approve the SIP revision. If 
New York does not submit approvable revisions within one year of the 
effective date of this rule, this conditional approval will 
automatically revert to a disapproval of New York's SIP revision. EPA 
will publish a document in the Federal Register indicating whether the 
conditional approval was satisfied or became a disapproval.

II. What Comments Did EPA Receive on the Proposal?

    EPA's April 7, 2004 proposed rule provided a 30-day public comment 
period. EPA did not receive any comments.

III. What Is EPA's Conclusion?

    EPA is conditionally approving the New York SIP revision for a 
source-specific RACT determination for General Chemical's sodium 
nitrite manufacturing plant. This SIP revision contains source-specific 
NOX emission limitations for General Chemical. EPA is 
conditionally approving New York's SIP revision, since New York 
committed to correct the three deficiencies discussed in the April 7, 
2004 proposal, and to submit them to EPA as a SIP revision within one 
year of the effective date of this final rule. EPA received no comments 
on the April 7, 2004 proposal, therefore EPA is finalizing the 
conditional approval. EPA has determined that until such time that New 
York corrects the three deficiencies and submits them to EPA as a SIP 
revision, the NOX emission limits identified in New York's 
special permit conditions represents RACT for General Chemical's sodium 
nitrite manufacturing process.

IV. 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.).
    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. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 August 30, 2004. 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 9, 2004.
Anthony Cancro,
Acting Regional Administrator, Region 2.

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

[[Page 39860]]

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

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2. Section 52.1670 is amended by adding new paragraph (c)(104) to read 
as follows:


Sec.  52.1670  Identification of plans.

* * * * *
    (c) * * *
    (104) Revisions to the State Implementation Plan submitted by the 
New York State Department of Environmental Conservation on April 12, 
2000, and supplemented on May 12, 2000, May 16, 2000, October 10, 2002, 
and February 24, 2003.
    (i) Incorporation by reference:
    Special Permit Conditions: Special permit conditions issued by New 
York State on December 16, 1997, to General Chemical Corporation's 
sodium nitrite manufacturing plant, Solvay, Onondaga County, are 
incorporated for the purpose of establishing NOX emission 
limits consistent with part 212.
    (ii) Additional information--Documentation and information to 
support NOX RACT facility-specific emission limits in SIP 
revision addressed to Regional Administrator Jeanne M. Fox from New 
York Deputy Commissioner Carl Johnson:
    (A) April 12, 2000, SIP revision,
    (B) May 12, 2000, May 16, 2000, October 10, 2002, and February 24, 
2003, supplemental information to the SIP revision,
    (C) May 7, 2004, commitment letter from New York.

[FR Doc. 04-14820 Filed 6-30-04; 8:45 am]
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