[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Proposed Rules]
[Pages 48942-48944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22365]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0340; FRL-9969-72-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 (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
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 proposes to find that the SIP 
revision fulfills the requirements of the Clean Air Act and the EPA's 
Regional Haze Rule for the Roseton Generating Station, Units 1 and 2. 
In conjunction with this proposed approval, we propose to withdraw 
those portions of the FIP that address BART for the Roseton Generating 
Station, Units 1 and 2.

DATES: Comment must be received on or before November 22, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2017-0340), to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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: 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 [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What action is the EPA proposing?
II. What is the background information for this proposal?
    A. SIP and FIP Background
    B. Regional Haze Background
    C. EPA Action on New York's Regional Haze Submittals
III. What is included in the NYSDEC SIP proposal?
IV. What is the EPA analysis of NYSDEC's submittal?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

    Throughout this document whenever ``Agency,'' ``we,'' ``us,'' or 
``our'' is used, we mean the EPA.

[[Page 48943]]

I. What action is the EPA proposing?

    The EPA is proposing to approve a source-specific State 
Implementation Plan (SIP) revision for Units 1 and 2 at the Roseton 
Generating Station submitted by the New York State Department of 
Environmental Conservation (NYSDEC) on April 18, 2017. The EPA is 
proposing to approve emission limits for sulfur dioxide 
(SO2) for Units 1 and 2 at the Roseton Generating Station 
that are equivalent to the emission limits established by the EPA's 
Federal Implementation Plan (FIP), as promulgated on August 28, 2012 
(77 FR 51915).

II. What is the background information for this proposal?

    This section provides a brief overview of the requirements of the 
Clean Air Act (CAA) and Regional Haze Rule, as they apply to this 
particular action. Please refer to our previous rulemakings on the New 
York Regional Haze SIP for additional background regarding the 
visibility protection provisions of the CAA and the Regional Haze 
Rule.\1\
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    \1\ 77 FR 24794 (April 25, 2012) (proposed rule); 77 FR 27162 
(May 9, 2012) (Notice of Data Availability); 77 FR 51915 (Aug. 28, 
2012) (final rule).
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A. SIP and FIP Background

    The CAA requires each state to develop plans to meet various air 
quality requirements, including protection of visibility. (CAA sections 
110(a), 169A, and 169B). The plans developed by a state are referred to 
as SIPs. A state must submit its SIPs and SIP revisions to EPA for 
approval. Once approved, a SIP is federally enforceable, that is 
enforceable by the EPA and subject to citizen suits under the CAA. If a 
state fails to make a required SIP submittal, or if we find that a 
state's required submittal is incomplete, or if we disapprove the 
submittal, then EPA must promulgate a FIP to fill this regulatory gap. 
(CAA section 110(c)(1)).

B. Regional Haze Background

    In the 1977 Amendments to the CAA, Congress initiated a program for 
protecting visibility in the nation's national parks and wilderness 
areas. Section 169A(a)(1) of the CAA establishes as a national goal the 
``prevention of any future, and the remedying of any existing, 
impairment of visibility in mandatory Class I Federal areas which 
impairment results from manmade air pollution.'' In 1990 Congress added 
section 169B to the CAA to address regional haze issues. On July 1, 
1999, the EPA promulgated the Regional Haze Rule (RHR) (64 FR 35714). 
The requirement to submit a Regional Haze SIP applies to New York and 
all 50 states, the District of Columbia and the Virgin Islands. The RHR 
required states to submit the first implementation plan addressing 
regional haze visibility impairment no later than December 17, 2007. 40 
CFR 51.308(b).

C. EPA Action on New York's Regional Haze Submittals

    The EPA's final action on New York's Regional Haze SIP included 
approving 17 source-specific SIP revisions containing permits for Best 
Available Retrofit Technology (BART) and promulgating a FIP to address 
two sources where EPA disapproved New York's BART determinations. These 
two sources are the Roseton Generating Station (Units 1 and 2) and the 
Danskammer Generating Station (Unit 4). 77 FR 51915 (August 28, 2012).
    In the 2012 FIP, the EPA ``encourage[d] New York at any time to 
submit a SIP revision to incorporate provisions that match the terms of 
our FIP, or relevant portion thereof,'' explaining that if EPA approved 
the SIP revision, it would replace the FIP provisions (77 FR 51915). On 
April 18, 2017, NYSDEC responded to this by submitting a request for a 
source-specific SIP revision for the Roseton Generating Station, Units 
1 and 2, that matches the terms of EPA's FIP. Because NYSDEC was not 
required to update its BART determinations beyond incorporating the 
BART emission limits from the 2012 FIP, the EPA has no basis to 
disapprove the SIP revision and supplant it with another FIP. 
Therefore, in this action, the EPA proposes to approve the SIP revision 
and remove the Roseton Generating Station, Units 1 and 2, from the FIP. 
This action follows EPA's proposed action to remove the Danskammer 
Generation Station Unit 4 from the FIP. See 82 FR 21749 (May 10, 2017).

III. What is included in the NYSDEC SIP submittal?

    On April 18, 2017, NYSDEC submitted a request for a source-specific 
SIP Revision for Roseton Generating Station, Units 1 and 2, intended to 
replace the EPA's FIP BART emission limits and related requirements 
that were promulgated on August 28, 2012 (77 FR 51915).
    NYSDEC submitted to the EPA the Title V permit conditions 32.1 and 
32.2 (pages 30-31) of the permit renewed on December 5, 2016 for the 
Roseton Generating Station, Units 1 and 2, and a copy of the NYSDEC ENB 
notice of February 15, 2017 for the proposed Roseton Generating Station 
SIP revision.\2\
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    \2\ In the SIP submittal and in subsequent correspondence with 
the EPA, NYSDEC notes the NOX and 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 in its August 28, 2012 Final Action on New York's 
Regional Haze SIP (77 FR 51915).
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IV. What is the EPA analysis of NYSDEC's submittal?

    NYSDEC's submittal includes BART emission limits for the Roseton 
Generating Station, Units 1 and 2, that are identical to those 
contained in the EPA 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).
    The EPA has evaluated and is proposing to approve NYSDEC's SIP 
submittal for the Roseton Generating Station, Units 1 and 2, which 
consists of emission limits for SO2 and other administrative 
requirements (i.e., monitoring, recordkeeping and reporting 
requirements). The SIP requirements are identical to those in the EPA's 
FIP promulgated on August 28, 2012. Consequently, the EPA proposes to 
withdraw those portions of the FIP that address BART for the Roseton 
Generating Station, Units 1 and 2. The EPA will fully consider all 
significant comments on this proposed revision to the NYSDEC SIP with 
regard to Roseton Generating Station.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference a source-specific SIP revision dated April 18, 2017, which 
includes BART emission limits for SO2. The summary of 
emission limits and other enforceable requirements are included in 
section IV of this rulemaking. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and/or at the EPA Region 2 Office (please contact the person identified 
in the For Further Information Contact section of this preamble for 
more information).

VI. Statutory and Executive Order Reviews

    In reviewing NYSDEC's SIP submittal, the EPA's role is to approve 
state choices if they meet the requirements of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not

[[Page 48944]]

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)) and 13563 (76 FR 3821, January 
21, 2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866
     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 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order (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 CAA; and
     does not provide 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, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Sulfur oxides, Reporting 
recordkeeping requirements.

    Dated: September 29, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-22365 Filed 10-20-17; 8:45 am]
 BILLING CODE 6560-50-P