[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Proposed Rules]
[Pages 27162-27163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11186]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2012-0296, FRL-9670-4]


Notice of Data Availability Supporting Approval and Promulgation 
of Air Quality Implementation Plans; State of New York; Regional Haze 
State Implementation Plan and Federal Implementation Plan

AGENCY: Environmental Protection Agency.

ACTION: Notice of data availability (NODA).

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SUMMARY: EPA proposed on April 25, 2012 (77 FR 24794) to take action on 
a revision to the state implementation plan (SIP) addressing regional 
haze submitted by the State of New York. In that proposal, EPA proposed 
to address through a Federal Implementation Plan (FIP) certain 
requirements not addressed in New York's regional haze SIP submission 
or, alternatively, to approve a substantively identical SIP revision by 
New York, should the State timely submit such a revision. In two 
letters dated April 16, 2012, New York submitted additional materials 
relevant to our proposed action on its regional haze SIP submission, 
including proposed SIP revisions addressing the requirements for best 
available retrofit technology controls (BART) for a number of sources. 
EPA is providing notice of availability of these materials. The comment 
period on EPA's proposed action on the New York regional haze SIP 
closes on June 18, 2010.

[[Page 27163]]


DATES: Comments must be received on or before June 18, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2012-0296, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: 212-637-3901.
     Mail: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2012-0296. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 
25th Floor, New York, New York 10007-1866. EPA requests, if at all 
possible, that you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Robert F. Kelly, State Implementation 
Planning Section, Air Programs Branch, EPA Region 2, 290 Broadway, New 
York, New York 10007-1866. The telephone number is (212) 637-4049. Mr. 
Kelly can also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: In two submissions dated April 16, 2012, New 
York State Department of Environmental Conservation submitted two SIP 
revision requests. The first SIP revision requests that EPA include in 
New York's Regional Haze SIP the New York State legislation regulating 
the sulfur content of fuel oil, Bill Number S1145C, which amends the 
New York Environmental Conservation Law to include a new section 19-
0325.
    The second SIP revision requests that EPA take action on proposed 
SIP revisions from New York in parallel with the State's processing of 
the following draft Title V permits that the State intends to submit as 
SIP revisions to meet the BART requirement: Bowline Point Generating 
Station, Danskammer Generating Station, Kodak Operations at Eastman 
Business Park, Oswego Harbor Power Owens Corning Delmar Plant, and 
Syracuse Energy Corporation.
    New York also requested processing of the following adopted Title V 
permits implementing BART for the following facilities: 59th Street 
Station [Con Ed], ALCOA Massena Operations (West Plant), Arthur Kill 
Generating Station [NRG], EF Barrett Power Station (NG), Holcim (US) 
Inc-Catskill Plant, International Paper Ticonderoga Mill, Lafarge 
Building Materials, Lehigh Northeast Cement Northport Power Station 
(NG), Ravenswood Generating Station [TC], Ravenswood Steam Plant [Con 
Edison], Roseton Generating Station [Dynegy], and Samuel A Carlson 
Generating Station [Jamestown Board of Public Utilities (BPU)].
    These materials have been placed in the docket for our proposed 
action on the New York regional haze SIP submission, Docket ID No. EPA-
R02-OAR-2012-0296.
    EPA was aware that New York State intended to submit additional 
information relevant to the action EPA was proposing on New York's 
Regional Haze SIP. EPA, therefore, discussed in its proposal the 
possible actions EPA would take should this information be timely 
submitted. EPA included in the record the draft information that New 
York was in the process of finalizing and submitting as part of its SIP 
revision. EPA evaluated this draft information as part of the Agency's 
proposed action on New York's Regional Haze SIP.
    EPA is notifying interested parties that EPA's final action will be 
based on the proposed rulemaking, the additional information identified 
in this notice of data availability, and an assessment of any public 
comments that may be received.
    Portions of this SIP revision are being proposed under a procedure 
called parallel processing, whereby EPA proposes rulemaking action 
concurrently with the state's procedures for amending its regulations. 
If the proposed revision is substantially changed in areas other than 
those identified in the proposal, EPA will evaluate those changes and 
may publish another notice of proposed rulemaking. If no substantial 
changes are made other than those areas cited in the proposal, EPA will 
publish a final rulemaking on the revisions.

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

    Dated: May 1, 2012.
Judith Enck,
Regional Administrator, Region 2.
[FR Doc. 2012-11186 Filed 5-8-12; 8:45 am]
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