[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Proposed Rules]
[Pages 35738-35741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15991]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2015-0498; FRL-9965-47-Region 2]


Approval and Promulgation of Implementation Plans; New York; 
Regional Haze Five-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve New York State's regional haze progress report, submitted on 
June 16, 2015, as a revision to its State Implementation Plan (SIP). 
New York's SIP revision addresses requirements of the Clean Air Act and 
its implementing regulations that the State submit periodic reports 
describing progress toward reasonable progress goals established for 
regional haze and a determination of the adequacy of the State's 
existing regional haze SIP. New York's progress report notes that New 
York has implemented the measures in the regional haze SIP due to be in 
place by the date of the progress report and that visibility in federal 
Class I areas affected by emissions from New York State is improving 
and has already met the applicable reasonable progress goals for 2018. 
The EPA is proposing approval of New York's determination that the 
State's regional haze SIP is adequate to meet these reasonable progress 
goals for the first implementation period, which extends through 2018, 
and requires no substantive revision at this time.

DATES: Comments must be received on or before August 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2015-0498 to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
Environmental Protection Agency (EPA) may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Robert F. Kelly, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4249, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. EPA's Evaluation of New York's SIP Revision
    A. Regional Haze Progress Report
    B. Determination of Adequacy of Existing Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    States are required to submit a progress report in the form of a 
SIP revision that evaluates progress towards the reasonable progress 
goals (RPGs) for each mandatory Class I federal area \1\ (Class I area) 
within the state and in each Class I area outside the state which may 
be affected by emissions from within the state. 40 CFR 51.308(g). In 
addition, the provisions of 40 CFR 51.308(h) require states to submit, 
at the same time as the 40 CFR 51.308(g) progress report, a 
determination of the adequacy of the state's existing regional haze 
SIP. The progress report SIP for the first planning period is due five 
years after submittal of the initial regional haze SIP. On March 15, 
2010, New York submitted the State's first regional haze SIP in 
accordance with 40 CFR 51.308.\2\
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    \1\ Areas designated as mandatory Class I federal areas consist 
of national parks exceeding 6,000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
Listed at 40 CFR part 81, subpart D.
    \2\ On August 28, 2012, at 77 FR 51915, EPA approved New York's 
regional haze SIP submittal addressing the requirements of the first 
implementation period for regional haze. The EPA promulgated a 
Federal Implementation Plan for Best Available Retrofit Technology 
(BART) for two sources where the EPA disapproved New York's BART 
determinations.
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    On June 16, 2015, New York submitted, as a revision to its SIP, its 
progress report which detailed the progress made in the first planning 
period toward implementation of the Long Term Strategy (LTS) outlined 
in the 2010 regional haze SIP submittal, the visibility improvement 
measured at Class I areas affected by emissions from New York State, 
and a determination of the adequacy of the State's existing regional 
haze SIP. The EPA is proposing to approve New York's June 16, 2015 SIP 
submittal.

II. EPA's Evaluation of New York's SIP Revision

    New York's report on progress made in the first implementation 
period toward reasonable progress goals for Class I areas affected by 
emissions from sources in New York (also known as a regional haze five-
year progress report or progress report) was submitted to the EPA as a 
SIP revision. This progress report SIP submittal also included a 
determination that the State's existing regional haze SIP requires no 
substantive revision to achieve the established regional haze 
visibility improvement and emissions reduction goals for 2018. New York 
State, in section 1.4 of its 2010 regional haze SIP submittal, used 
data from the report in Appendix A of its plan Contributions to 
Regional Haze in the Northeast and Mid-Atlantic United States, to 
determine that emissions from sources in New York State contribute to 
visibility impairment in the following Class I areas: Acadia National 
Park, Maine, Brigantine Wildlife Refuge, New Jersey, Great Gulf 
Wilderness Area, New Hampshire, Lye Brook Wilderness Area, Vermont, 
Moosehorn National Wildlife Refuge, Maine, Presidential Range-Dry River 
Wilderness Area, New Hampshire, and Roosevelt-Campobello International 
Park, Maine/Canada. See 77 FR 24794, 24799 (April 25, 2012). There are 
no Class I areas in New York.
    Through the consultation process, New York agreed to reduce 
emissions by at least the amount obtained by the measures in the 
coordinated course of action agreed to by the Mid-Atlantic/Northeast 
Visibility Union (MANE-VU) \3\ to assure reasonable progress

[[Page 35739]]

toward preventing any future, and remedying any existing, impairment of 
visibility in the mandatory Class I areas within the MANE-VU region. 
These strategies are commonly referred to as the MANE-VU ``ask.'' The 
MANE-VU ``ask'' includes: A timely implementation of best available 
retrofit technology (BART) requirements, 90 percent or more reduction 
in sulfur dioxide (SO2) at 167 electric generating units 
(EGUs) ``stacks'' identified by MANE-VU (or comparable alternative 
measures), lower sulfur fuel oil (with limits specified for each state) 
and continued evaluation of other control measures.\4\ In summary, New 
York is on track to fulfill the MANE-VU ``ask'' by meeting the 
deadlines for BART requirements, as of the date of the progress report, 
for all BART-eligible facilities as described in section 4 of New 
York's progress report, instituting 90 percent or more control at New 
York's share of the 167 EGUs identified by MANE-VU (Table 4.3 in the 
progress report), and adoption of the lower limits for sulfur in fuel 
oil.
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    \3\ MANE-VU is a collaborative effort of State governments, 
Tribal governments, and various federal agencies established to 
initiate and coordinate activities associated with the management of 
regional haze, visibility and other air quality issues in the 
Northeastern United States. Member State and Tribal governments 
include: Connecticut, Delaware, the District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Penobscot Indian Nation, Rhode Island, St. Regis 
Mohawk Tribe, and Vermont.
    \4\ The MANE-VU ``Ask'' was structured around the finding that 
SO2 emissions were the dominate visibility impairing 
pollutant at the Northeastern Class I areas and electrical 
generating units comprised the largest SO2 emission 
sector. See ``Regional Haze and Visibility in the Northeast and Mid-
Atlantic States,'' January 31, 2001.
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A. Regional Haze Progress Report

    This section includes the EPA's analysis of New York's progress 
report SIP submittal, and an explanation of the basis of our proposed 
approval.
    New York's 2010 regional haze SIP \5\ included the following key 
measures: Control measures for the State's subject-to-BART sources, 
control measures for EGU stacks, and low sulfur fuel oil. New York has 
eleven of the 167 EGU stacks identified for control of SO2 
emissions in the MANE-VU ``ask.'' Overall, New York's EGU stacks, as of 
the 2013 emission inventory, have reduced emissions by 97 percent, 
exceeding the MANE-VU ``ask.''
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    \5\ On August 28, 2012, (77 FR 51915), EPA finalized a limited 
approval of New York's March 15, 2010 SIP to address the first 
implementation period for regional haze. New York supplemented its 
SIP on August 2, 2010, April 16, 2012 and July 2, 2012. These 
supplements and a Federal Implementation Plan for two of New York's 
BART determinations are part of New York's plan to be evaluated by 
New York's progress report.
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    Between the New York State regional haze SIP and EPA's BART FIP, 
New York has BART determinations for fifteen sources. As documented in 
Table 3.1 of New York's progress report, these sources are implementing 
BART controls, or have been shut down.
    New York has also adopted a State law reducing the sulfur content 
of fuel oil. The EPA, in approving New York regional haze SIP, approved 
the inclusion of the State sulfur in fuel law as a measure in New 
York's SIP.
    The EPA proposes to find that New York's analysis in its regional 
haze progress report SIP adequately addresses the applicable provisions 
under 40 CFR 51.308(g), as the State demonstrated the implementation of 
measures within New York, including applying BART at eligible sources.
    During the development of the regional haze SIP for the first 
planning period, MANE-VU and New York determined that SO2 
was the greatest contributor to anthropogenic visibility impairment at 
Class I areas. Therefore, the bulk of visibility improvement achieved 
in the first planning period was expected to result from reductions in 
SO2 emissions from sources inside and outside of the State. 
Section 6 of New York's progress report shows the calculated reductions 
of SO2 and other pollutants from 2002 though 2011. Section 7 
of New York's progress report details the SO2 emission 
reductions projected for 2018, compared with the 2011 emissions 
inventory. Pollutants that affect visibility, SO2, nitrogen 
dioxide (NO2) and particulate matter (PM), have been reduced 
substantially from 2002, and all except NO2 already have 
lower emissions than projected for 2018. NO2 emissions, 
having been reduced from 1,125,263 tons per year in 2002 to 444,048 
tons per year in 2011, are well on their way to achieving the 2018 
projection of 323,203 tons per year (see Tables 7.4, 7.5 and 7.6 in New 
York's progress report).
    The EPA proposes to find New York has adequately addressed the 
provisions under 40 CFR 51.308(g). New York detailed the SO2 
and nitrogen oxides (NOX) reductions from the 2002 regional 
haze baseline to 2011, the most recently available year of data at the 
time of the development of New York's progress report. In addition, New 
York highlighted SO2 emissions reductions, as the pollutant 
targeted by MANE-VU states for the most reductions, from all of New 
York's EGUs during this same time period.
    The provisions under 40 CFR 51.308(g) also require that states with 
Class I areas within their borders provide information on current 
visibility conditions and the difference between current visibility 
conditions and baseline visibility conditions expressed in terms of 
five-year averages of these annual values. New York has no Class I 
areas, but the Class I areas affected by emissions from New York have 
current visibility conditions better than baseline conditions, 
approaching the conditions predicted for 2018.
    The Interagency Monitoring of Protected Visual Environments 
monitoring program (IMPROVE) provides data on the air pollutants that 
constitute regional haze. New York's progress report includes data from 
the IMPROVE sites at Class I areas affected by emissions from New York. 
The table shows the progress from the baseline 2000-2004 five-year 
average visibility through the most recent 2009-2013 five-year average 
visibility SIP.

                           Table 2--Observed Visibility vs. Reasonable Progress Goals
                                            [All values in deciviews]
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                                                                                                       2018
      Class I area IMPROVE* site        2000-2004  5-   2009-2013  5-   Met 2018  progress goal     Reasonable
                                        year  average   year  average           already?           progress goal
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                                                 20% Worst Days
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Acadia National Park.................            22.9            17.9  Yes......................            19.4
Moosehorn Wilderness Area **.........            21.7            16.8  Yes......................            19.0
Great Gulf Wilderness Area ***.......            22.8            16.7  Yes......................            19.1
Lye Brook Wilderness Area............            24.4            18.8  Yes......................            20.9
Brigantine Wilderness Area...........              29            23.8  Yes......................            25.1
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[[Page 35740]]

 
                                                  20% Best Days
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Acadia National Park.................             8.8             7.0  Yes......................             8.8
Moosehorn Wilderness Area............             9.2             6.7  Yes......................             9.2
Great Gulf Wilderness Area...........             7.7             5.9  Yes......................             7.7
Lye Brook Wilderness Area............             6.4             4.9  Yes......................             6.4
Brigantine Wilderness Area...........            14.3            12.3  Yes......................            14.3
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 * IMPROVE = Interagency Monitoring of Protected Visual Environments program.
 ** The IMPROVE monitor for Moosehorn Wilderness also represents Roosevelt Campobello International Park.
 *** The IMPROVE monitor for Great Gulf Wilderness also represents Presidential Range--Dry River Wilderness
  Area.
 Data from Tracking Visibility Progress, posted on NESCAUM's Web site at http://www.nescaum.org/topics/regional-haze/regional-haze-documents, supplemented by data from the IMPROVE network as included in New York's progress
  report.

    The EPA notes the substantial progress, as the Class I areas 
affected by emissions from New York State have already achieved and 
surpassed the 2018 RPGs.
    The EPA proposes to find New York provided the required information 
regarding visibility conditions to meet the applicable requirements 
under 40 CFR 51.308(g), specifically providing baseline visibility 
conditions (2000-2004), current conditions based on the most recently 
available IMPROVE monitoring data (2009-2013), and an assessment of the 
change in visibility impairment at its Class I areas.
    In its progress report SIP, New York presents data from statewide 
emissions inventories--New York's State Periodic Emissions Inventory--
developed for the years 2002 and 2011, plus projected inventories for 
2018, for SO2, NOX, fine particles with diameters 
that are generally 2.5 micrometers and smaller (PM2.5) and 
volatile organic compounds (VOCs). New York's emissions inventories 
include the following source classifications: Point, area, on-road 
mobile, and non-road mobile. The progress report also includes more 
detailed information on reductions in sulfur oxides (SOX) 
emissions from EGUs, and PM, NOX and SOX from 
BART-eligible sources.
    Overall, New York's emissions that affect visibility were reduced 
in all sectors for all pollutants, except for area source 
NOX emissions, which increased by 15,000 tons per year, 
compared to the 681,000 ton per year decrease in total NOX 
emissions in New York State. Compared to the 2002 inventory New York 
used to model haze, actual emissions in 2011 were reduced by 81 percent 
for SO2, 61 percent for NOX, and 28 percent for 
PM. The 2011 emissions from New York are below the projected 2018 
emissions for SO2 and PM, and only about one-third more than 
the NOX emissions projected for 2018. Since New York is 
successfully implementing its emission reductions programs in its 
regional haze SIP, New York is on track for its emissions in 2018 to be 
lower than the emissions reductions modeled for 2018 in its 2010 haze 
SIP.
    The EPA is proposing to find that New York adequately addressed the 
provisions of 40 CFR 51.308(g). New York's progress report compared the 
most recent updated emission inventory data available at the time of 
the development of the progress report with the baseline emissions used 
in the modeling for the regional haze SIP.
    In its progress report SIP, New York did not find any significant 
changes in emissions of SOX, NOX and 
PM2.5 which might have impeded or limited progress during 
the first planning period. As noted earlier, haze at Class I areas 
affected by emissions from New York has improved to levels that meet or 
exceed the RPG. The EPA therefore proposes to approve New York's SIP 
submission.
    In its progress report SIP, New York concludes the elements and 
strategies relied on in its original regional haze SIP are sufficient 
to enable New York and neighboring states to meet all established RPGs. 
As shown in Table 2, visibility on least impaired and most impaired 
days from 2000 through 2013 has improved at all Class I areas affected 
by emissions from New York (and all RPGs have already been met).
    The EPA proposes to agree New York has adequately addressed the 
provisions for the first planning period progress reports. The EPA 
views this requirement as an assessment that should evaluate emissions 
and visibility trends and other readily available information. In its 
progress report, New York described the improving visibility trends 
using data from the IMPROVE network and the downward emissions trends 
in key pollutants in the State and the MANE-VU region. New York 
determined its regional haze SIP is sufficient to meet the RPGs for the 
Class I areas impacted by the State's emissions.
    New York does not have any Class I areas and is not required to 
monitor for visibility-impairing pollutants. New York's visibility 
monitoring strategy relies upon Class I areas' participation in the 
IMPROVE network. The EPA proposes to find New York has adequately 
addressed the requirements for a monitoring strategy for regional haze 
and proposes to determine no further modifications to the monitoring 
strategy are necessary.

B. Determination of Adequacy of Existing Regional Haze Plan

    In its progress report, New York submitted a negative declaration 
to EPA regarding the need for additional actions or emission reductions 
in New York beyond those already in place and those to be implemented 
by 2018 according to New York's regional haze plan.
    In the 2015 SIP submittal, New York determined the existing 
regional haze SIP requires no further substantive revision at this time 
to achieve the RPGs for Class I areas affected by the State's sources. 
The basis for the State's negative declaration is the finding that 
visibility has improved at all Class I areas in the MANE-VU region. In 
addition, SO2 and PM emissions from the latest emission 
inventory for New York have decreased to levels below the projections 
for 2018.
    The EPA proposes to conclude that New York has adequately addressed 
the provisions under 40 CFR 51.308(h) because visibility and emission 
trends indicate that Class I areas impacted by New York's sources are 
meeting or exceeding the RPGs for 2018, and expect to continue to meet 
or exceed the RPGs for 2018.

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III. Proposed Action

    The EPA is proposing to approve New York State's regional haze 
progress report as meeting the requirements of 40 CFR 51.308(g) and 
(h).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175, November 18, 2015, because the SIP 
is not approved to apply in Indian country located in the state, and 
the EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law. Thus, Executive Order 13175 
does not apply to this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Regional haze, Sulfur oxides.

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

    Dated: July 10, 2017.
Walter Mugdan,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-15991 Filed 7-31-17; 8:45 am]
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