[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58342-58347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26657]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2017-0459; FRL-9971-83-Region 2]
Approval and Promulgation of Implementation Plans; New York;
Reasonably Available Control Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving a State Implementation Plan (SIP) submitted by the State of
New York for purposes of implementing Reasonably Available Control
Technology (RACT) for the 2008 8-hour ozone National Ambient Air
Quality Standard (NAAQS) related to control of volatile organic
compounds (VOCs) from industrial cleaning solvents. The EPA is
approving New York's Ozone Transport Region RACT SIP as it applies to
non-control technique guideline major sources of VOCs and major sources
of oxides of nitrogen. The EPA is also approving the State of New
York's state-wide non-attainment new source review certification as
sufficient for purposes of satisfying the 2008 8-hour ozone NAAQS. The
EPA is approving New York's certification that there are no sources
within the State for the following CTGs: Manufacture of Vegetable Oils
and Application of Agricultural Pesticides. This action is being taken
in accordance with the requirements of the Clean Air Act.
DATES: This final rule is effective on January 11, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2017-0459. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3892, or by email at [email protected].
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. What are the consequences if a condition is not met?
A. What are the Act's provisions for sanctions?
B. What Federal implementation plan provisions apply if a state
fails to submit an approvable plan?
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On September 14, 2017 (82 FR 43209), the EPA published a Notice of
Proposed Rulemaking that proposed to conditionally approve the State of
New York's December 22, 2014 State Implementation Plan (SIP)
submittal,\1\ for purposes of implementing Reasonably Available Control
Technology (RACT) \2\ for the 2008 8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard). The EPA proposed to approve New
York's Ozone Transport Region RACT SIP as it applies to non-control
technique guideline major sources of VOCs and major sources of oxides
of nitrogen. The EPA also proposed to approve the State of New York's
state-wide non-attainment new source review certification as sufficient
for purposes of satisfying the 2008 8-hour ozone NAAQS.\3\ In addition,
the EPA proposed to approve New York's certification that there are no
sources within the State for the following CTGs: (a) Manufacture of
Vegetable Oils and (b) Application of Agricultural Pesticides.
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\1\ New York supplemented its SIP submittal by letter dated
September 6, 2017.
\2\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
\3\ New York's nonattainment new source review certification
addresses both the New York-Northern New Jersey-Long Island, NY-NJ-
CT and the Jamestown nonattainment areas.
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The proposed approval was conditioned on New York finalizing
revisions to RACT requirements related sources subject to the
industrial cleaning solvents control techniques guidelines (CTG). As
the SIP submittal indicates, the RACT requirements for the 2008 ozone
NAAQS have been fulfilled with the exception of sources subject to the
industrial cleaning solvents CTG. In the SIP submittal, New York
committed to address sources subject to this CTG through a timely
revision to Title 6 of the New York Codes, Rules and Regulations Part
226 entitled, ``Solvent Metal Cleaning Processes'' (6 NYCRR Part 226).
Therefore, consistent with section 110(k)(4) of the Clean Air Act
(CAA), the EPA's September 14, 2017 rulemaking, signed September 6,
2017 and published September 14, 2017, proposed to conditionally
approve New York's December 2014 SIP submittal. On September 6, 2017,
New York supplemented its SIP submittal with a letter to the EPA
committing to fulfill the requirements of the industrial cleaning
solvents CTG by finalizing revisions to Part 226 by November 30, 2018.
Therefore, based on the State's September 6, 2017 commitment letter,
the EPA is conditionally approving New York's December 2014 SIP
submittal, as it applies to CTG requirements for VOC major sources, for
purposes of implementing RACT statewide for the 2008 8-hour ozone
NAAQS.
The specific details of New York's December 2014 SIP submittal and
the rationale for the EPA's approval action are explained in the EPA's
proposed rulemaking and are not restated in this
[[Page 58343]]
final action. For this detailed information, the reader is referred to
the EPA's September 14, 2017 proposed rulemaking (82 FR 43209).
II. What comments were received in response to the EPA's proposed
action?
In response to the EPA's September 14, 2017 proposed rulemaking on
New York's December 2014 SIP submittal, the EPA received the following
four comments summarized below. The specific comments may be viewed
under Docket ID Number EPA-R02-OAR-2017-0459 on the http://www.regulations.gov Website.
Comment 1: An anonymous citizen comments that he or she ``believes
the proposed rule will help improve the environment greatly.''
Response 1: The EPA acknowledges the commenter's support of the
EPA's proposed rule.
Comment 2: A New York State citizen provides extensive comments
related to the EPA's encouragement (see 82 FR 43209 (September 14,
2017)) to New York to strengthen its ozone SIP by adopting and
submitting as a SIP revision additional control measures needed for
attainment of the 8-hour ozone NAAQS as it relates to: The adoption of
more stringent emission limits for simple cycle combustion turbines
firing distillate oil or more than one fuel and submitting a SIP
revision that addresses HEDD (High Electric Demand Day) sources. The
citizen states that regional ozone modeling that analyzes emissions
data from 2015 or 2016 is necessary before New York should consider,
much less implement, the SIP revisions that EPA ``encourages'' New York
to adopt and submit as SIP revisions.
The commenter states that he had prepared comments and analyses
that support his recommendation to do further modeling before
implementing any further controls. The commenter states that he had
compared NOX emissions from all New York sources reporting
NOX emissions to EPA and all New York combustion turbines
with ozone concentration measurements at the Fairfield, CT ozone
monitoring station on all Ozone Season days with valid observations at
this monitoring station from 2006 to 2016. The commenter states that
the Fairfield monitoring site is the downwind ambient monitor with the
highest New York impact according to EPA's modeling for its Cross-State
Air Pollution Rule (CSAPR). The commenter notes that all combustion
turbines that meet this criterion are either in New York City or on
Long Island. The commenter's detailed 52-page modeling and statistical
summary appears in Attachment 1 to his October 11, 2017 comment letter.
The commenter's summary concludes that the ``results indicate that
refined modeling with recent emissions has to be performed to confirm
that further controls will reduce ozone enough to warrant further
controls on any of the New York sources included in this analysis.''
The commenter concludes his letter by stating that there are
complex meteorological conditions during ozone episodes downwind of New
York (land and sea breezes, elevated terrain concerns, and the
nocturnal boundary layer structure along the coast) that need to be
incorporated into regional ozone modeling analyses. The commenter
states that if regional ozone modeling analyses that use post-2015
emissions data and incorporate complex meteorology are not used then
New York runs the risk of implementing a control program that cannot
succeed. Concluding, the commenter states, ``Given the level of effort
and time doing the modeling right it might be necessary to delay
implementation of further SIP control requirements.''
Response 2: The EPA thanks the commenter for the detailed analyses
and recommendations with respect to the additional control measures.
These comments are not germane to the EPA's proposed approval of New
York's December 2014 SIP but rather are relevant to future planning
requirements associated with the moderate area classification. The EPA,
therefore, is not responding to them in this action. These detailed
modeling and statistical analyses are best directed to New York State
as the State develops planning requirements for progressing, under
moderate area classification, toward attainment of the 8-hour ozone
standard.
Comment 3: Similar to Comment 2 above, a comment from the
Environmental Energy Alliance of New York, LLC (the ``Alliance'')
provides extensive comments related to the EPA's encouragement (see 82
FR 43209, September 14, 2017) to New York to strengthen its ozone SIP
by adopting and submitting as a SIP revision with additional control
measures needed for attainment of the 8-hour ozone NAAQS as it relates
to more stringent emission limits on simple cycle turbines units and
peaking units that operate on high electric demand days (HEDD).
Alliance members own and operate electric generating and transmission
and distribution facilities throughout New York and elsewhere. Alliance
members operate the majority of the peaking units in the New York
Metropolitan Area (NYMA).
The Alliance expresses concern that the imposition of emission
limits needs to be balanced with the need to maintain reliable
electricity service to New York. While the Alliance supports New York's
and the EPA's efforts to reach attainment of the ozone NAAQS, the
Alliance suggests that the need to reduce emissions in the NYMA and the
Alliance's requirement to maintain reliable service to its customers is
a more complex issue than simply imposing more stringent emission
limits. The Alliance comments that there are over 100 peaking turbines
(about 3000 megawatts (MW)) in the NYMA to maintain system reliability
and support renewables. The Alliance states that with the impending
closure of 2000 MW of nuclear generation, the combined effect of the
peaking unit regulation changes and retirements suggests any new rule
implementation should proceed with flexibility and caution.
The Alliance states that it has worked cooperatively with New York
to develop an approach to replace, repower, or retrofit controls of
existing peaking units. The Alliance's October 16, 2017 comment letter
includes as an attachment a September 8, 2017 letter commenting on New
York's July 25, 2017 pre-proposal entitled ``Combustion Turbine
(Peaking Unit) Pre-Proposal Outline'' which outlines, according to the
Alliance, New York's efforts to achieve attainment of the ozone NAAQS
in the NYMA as it relates to peaking units. In its September 2017
letter to New York, the Alliance expresses the hope to collectively
design cost-effective solutions compatible with the need to maintain
reliable service to ratepayers. In addition, in its September 2017
letter, the Alliance provides detailed comments and recommendations
related to the following issues: the compliance schedule, emission
limits, performance of control options, potential for collateral
increase in carbon monoxide, system averaging, emission limits for
dual-fueled units, compliance requirements during the interim period
before unit retirement, and alternative approaches to NOX
reductions in the NYMA.
Response 3: The EPA appreciates the Alliance's comments with
respect to their concern for electric system reliability within the
NYMA and the need for caution and flexibility when developing and
implementing new NOX control measures on peaking units. EPA
acknowledges the importance of maintaining reliable electric service to
[[Page 58344]]
ratepayers while implementing new NOX controls.
These extensive and detailed comments concerning the connection
between reliability of the electric grid and the development and
implementation of NOX emission limits on electric generating
units are best directed to New York State as the State engages in
planning for progressing, under moderate area classification, to
attainment of the 8-hour ozone standard. These comments relating to the
reliability of the electric grid are not germane as they do not
specifically address the EPA's proposed action on New York's December
2014 SIP submittal that addresses the implementation of RACT for the 8-
hour 2008 ozone standard.
Comment 4: The State of New Jersey Department of Environmental
Protection (NJDEP or New Jersey) comments that New York's December 2014
RACT SIP will provide necessary emission reductions in NOX
and VOC for the New York-Northern New Jersey-Connecticut (NY-NJ-CT)
ozone nonattainment area to move towards attainment of the 2008 ozone
NAAQS (75 ppb ozone), but more still needs to be done for the area to
attain. NJDEP recommends that the EPA require New York to adequately
address three source categories that emit significant amounts of
emissions that impact ozone levels in the NY-NJ-CT area:
1. Adopt rules that reduce NOX emissions from peaking
turbines during high ozone days in the NY-NJ-CT area.
2. Adopt rules that reduce NOX emissions from stationary
engines used for demand-side management that generate electricity
during high ozone days in the NY-NJ-CT area.
3. Assess lightering operations in the New York harbor that emit
VOC from crude oil, gasoline, and other volatile product transfers.
As part of the State's October 10, 2017 comment letter, NJDEP
attached its August 20, 2014 comment letter to New York at the time New
York proposed its RACT SIP in 2014. NJDEP's August 2014 comment letter
to New York provides NJDEP's detailed arguments as to why New York
needs to address the above mentioned three source categories as RACT
sources. NJDEP states that the first two source categories are subject
to the New Jersey's RACT regulation but not the third source category
since there are no lightering operations in New Jersey waters. NJDEP
comments that New York, in finalizing its 2014 RACT SIP, did not
adequately address the same three source categories since New York
responded that the three source categories did not meet their
definition of RACT. NJDEP comments that it believes these source
categories should be covered under RACT requirements because they are
existing, major stationary sources for which reasonably available
control technology exists. NJDEP comments that the lightering
activities can be considered a major stationary source, similar to the
EPA's treatment of some airports for emissions inventory, since the
activities are occurring within established areas of New York Harbor.
NJDEP further comments that the State of Delaware has had regulations
addressing lightering activities since 2007 thus establishing
reasonably available control technology.
Response 4: The EPA appreciates the comments from NJDEP. NJDEP
recommends that New York consider the three source categories
identified in its comment as RACT but NJDEP does not provide supporting
technical details to demonstrate that certain control measures for
these three source categories can be considered RACT in New York.
As stated in our proposed rule dated September 14, 2017 (82 FR
43209), New York's December 22, 2014 SIP submittal included a response
to a comment that ``once the NYMA is reclassified to moderate
nonattainment for the 2008 ozone NAAQS and an attainment SIP is
required, DEC [New York] will undertake a review of its many
NOX control options to determine which would most
efficiently and effectively reduce emissions in the NYMA.'' New York
made a similar response to a comment related to VOC emissions from
lightering operations. Since the NYMA was reclassified from a marginal
to a moderate nonattainment area on May 4, 2016 (81 FR 26697),
effective June 3, 2016, the following EPA response to NJDEP comments is
a recommendation that New York include, as part of its upcoming
attainment demonstration SIP for the 8-hour ozone NAAQS for the NYMA
moderate nonattainment area, an evaluation of the NJDEP and the EPA's
recommended additional control measures for purposes of reducing
additional NOX and VOC emissions.
In response to NJDEP's August 2014 letter, New York issued a
document entitled ``Assessment of Public Comments New York State
Implementation Plan for 8-hour Ozone: Reasonably Available Control
Technology'' (Assessment) which is included in the docket for this
action. In its Assessment, New York responded to the three source
category comments from NJDEP as summarized below.
For peaking turbines, New York responded that peaking generating
units that exceed major source emission threshold are subject to the
State's NOX RACT regulation for combustion turbines and New
York maintained that these emission limits represent RACT for
combustion turbines. New York further responded that the most recently
adopted and SIP approved (78 FR 41846, July 12, 2013) NOX
RACT regulation requires case-by-case evaluations for combined-cycle
combustion turbines. New York further stated that combustion turbines
are also used as part of a system-wide averaging plan for
NOX RACT and therefore more stringent limits may not
necessarily result in a one-for-one reduction in NOX.
In response to New Jersey's comment, the EPA finds that New York's
OTR NOX RACT SIP submittal is sufficient. System-wide
averaging is an EPA approved RACT compliance option.
The EPA, however, encourages New York to evaluate whether
NOX emission limits, for the combustion turbines not part of
a system-wide averaging program, could be more stringent. As stated in
our September 2017 proposal, the EPA encourages New York to evaluate
lowering the NOX emission limit for simple cycle combustion
turbines combusting distillate oil or more than one fuel since New
York's neighboring states of New Jersey and Connecticut have more
stringent emission limits than New York's limit of 100 parts per
million (ppm). For this source category, Connecticut has adopted
NOX emission limits of 40-75 ppm for June 2018 and 40-75 ppm
for June 2023 and New Jersey's adopted limit is equivalent to 43 ppm.
In addition, the EPA encourages New York to propose and submit as a SIP
revision for the EPA's approval any revised case-by-case RACT
determinations for combined-cycle combustion turbines.
For stationary engines used for demand-side management, New York
responded in its Assessment that the majority of combustion engines
used for demand-side management are minor sources based on
NOX emission levels and are therefore not subject to RACT;
and engines that do exceed major source emission threshold are subject
to the State's NOX RACT regulation. New York maintained that
these requirements fulfill RACT.
In response to New Jersey's comment, the EPA herein responds that
we concur with New York's logic, as articulated in its Assessment (see
preceding paragraph) regarding RACT applicability for sources
considered minor and major. EPA nonetheless encourages New York to
consider a more stringent NOX emission limit for internal
combustion engines firing with
[[Page 58345]]
distillate oil (solely or in combination with other fuels) from the
current limit of 2.3 grams per brake horsepower-hour (g/bhp-hr) to the
limit adopted in Connecticut of 1.5 (for rich burn engine)-2.3 (for
lean burn engine) g/bhp-hr, starting in June 2023. In addition, New
Jersey's SIP approved (72 FR 41626, July 31, 2007) NOX RACT
regulation, Subchapter 19, includes a NOX emission limit of
1.5 g/bhp-hr for rich burn engines.
For lightering operations in the New York harbor, New York, in its
Assessment, responded that they do not consider tank vessels or service
vessels to be stationary sources; such vessels are considered mobile
sources and are not permitted under the Title V stationary source
permitting program. New York concluded that it is not appropriate to
address lightering operations in the New York SIP. In response to New
Jersey's comment, the EPA finds that New York's OTR VOC RACT SIP
submittal is approvable given New York's current treatment of tank
vessels and service vessels.
The EPA recognizes that, as New Jersey indicates in its comment,
the State of Delaware regulates lightering operations in the State's
``Regulation No. 1124--Control of Volatile Organic Compound Emissions
(formally Regulation No. 24), section 46 entitled, Crude Oil Lightering
Operations.'' The EPA approved Delaware's VOC RACT Regulation 1124,
section 46, Crude Oil Lightering Operations, into the SIP on September
13, 2007 (72 FR 52285). As discussed above, in response to a comment
received by the State during its RACT rulemaking process, New York
states that, if the NYMA is reclassified to moderate nonattainment,
``New York will investigate the need and appropriateness for additional
emission reductions and evaluate lightering controls and/or other
emission reductions strategies in order to determine the most effective
manner in which to attain the ozone NAAQS.'' Therefore, the EPA
recommends that New York review the lightering operations in New York's
harbor for possible applicability to RACT as it relates to New York's
future submittal of its attainment SIP for the NYMA nonattainment area.
To summarize, since the NYMA has been reclassified from marginal to
a moderate nonattainment area, New York is required to submit a new
RACT determination as part of the State's attainment demonstration for
the 2008 ozone standard for the NYMA moderate nonattainment area. New
York should include an evaluation of the three source categories
suggested by NJDEP, as well as the other recommendations discussed by
the EPA as in the September 14, 2017 proposal, in its RACT evaluation
as part of the State's attainment demonstration for the 2008 ozone
standard.
III. What action is the EPA taking?
The EPA is conditionally approving New York's statewide RACT
submittal dated December 22, 2014, as supplemented on September 6,
2017, for purposes of satisfying the 2008 8-hour ozone standard RACT
requirement, as it applies to CTG requirements for VOC major sources.
New York must meet its commitment to adopt a revised Part 226 by
November 30, 2018.
The EPA is approving the remainder of New York's OTR RACT SIP
submittal, as it applies to non-CTG major sources of VOCs and to major
sources of NOX.
The EPA is also approving New York's non-attainment new source
review certification, state-wide, as sufficient for purposes of the
2008 ozone NAAQS. Finally, the EPA is approving New York's
certification that there are no sources within the State for the
following CTGs: (a) Manufacture of Vegetable Oils and (b) Application
of Agricultural Pesticides.
Under section 110(k) of the CAA, the EPA may conditionally approve
a plan revision based on a commitment by the State to adopt specific
enforceable measures by a date certain but not later than one year
after the date of approval of the plan revision. If New York meets its
commitment within the applicable time frame, the conditionally approved
submission will remain as part of the SIP until the EPA takes final
action approving or disapproving the SIP requirement in question. If
New York fails to meet its commitment within the specified time period,
the conditional approval will, by operation of law, become a
disapproval. If the conditional approval becomes a disapproval, this
commitment will no longer be a part of the approved SIP for New York,
and an 18-month clock for sanctions under CAA section 179(a)(2) and a
two-year clock for a federal implementation plan (FIP) under CAA
section 110(c)(1) would commence. The EPA subsequently will publish a
document in the Federal Register notifying the public that the
conditional approval converted to a disapproval.
IV. What are the consequences if the condition is not met?
The Act provides for the imposition of sanctions and the
promulgation of a FIP if States fail to correct any deficiencies
identified by the EPA in a final disapproval action within certain
timeframes.
A. What are the Act's provisions for sanctions?
If the EPA disapproves a required SIP submittal or component of a
SIP submittal, section 179(a) provides for the imposition of sanctions
unless the deficiency is corrected within 18 months of the final
disapproval. The first sanction would apply 18 months after the EPA
disapproves the SIP submittal or if the State fails to make the
required submittal. Under the EPA's sanctions regulations, 40 CFR
52.31, the first sanction would be 2:1 offsets for sources subject to
the new source review requirements under section 173 of the Act. If the
State has still failed to submit a SIP 6 months after the first
sanction is imposed, the second sanction will apply. The second
sanction is a limitation on the receipt of Federal highway funds. The
EPA also has authority under section 110(m) to sanction a broader area.
B. What Federal implementation plan provisions apply if a state fails
to submit an approvable plan?
In addition to sanctions, if the EPA finds that a State failed to
submit the required SIP revision or disapproves the required SIP
revision, or a portion thereof, the EPA must promulgate a FIP no later
than 2 years from the date of the finding if the deficiency has not
been corrected.
V. 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, EPA's role is to approve state
choices, provided that 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 Orders 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
[[Page 58346]]
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 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 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).
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 action 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 February 12, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: November 29, 2017.
Peter D. Lopez,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. In Sec. 52.1670, the table in paragraph (e) is amended by adding
the entries ``2008 8-hour Ozone RACT analysis'' and ``2008 8-hour Ozone
Nonattainment New Source Review Requirements'' at the end of the table
to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New York Nonregulatory and Quasi-Regulatory Provision
----------------------------------------------------------------------------------------------------------------
New York
Action/SIP element Applicable geographic submittal EPA approval Explanation
or nonattainment area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 8-hour Ozone RACT analysis Statewide and to the 12/22/14 12/12/17 Full approval
New York portion of as it applies to non-
the New York-Northern CTG major sources of
New Jersey-Long Island VOCs and to major
(NY-NJ-CT) and the sources of NOX.
Jamestown 8-hour ozone Conditional
nonattainment areas. approval as it
applies to CTG for
VOC major sources.
2008 8-hour Ozone Nonattainment Statewide and to the 12/22/14 12/12/17 Full
New Source Review Requirements. New York portion of approval.
the New York-Northern
New Jersey-Long Island
(NY-NJ-CT) and the
Jamestown 8-hour ozone
nonattainment areas.
----------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 52.1683 by adding paragraphs (b)(2) and (3) and (p) to
read as follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(b) * * *
(2) Manufacture of Vegetable Oils.
(3) Application of Agricultural Pesticides.
* * * * *
(p)(1) The December 22, 2014 New York reasonably available control
technology (RACT) analysis plan, as supplemented on September 6, 2017,
submitted pursuant to the 2008 8-hour ozone national ambient air
quality standard (NAAQS), which applies to the entire State, including
the New York portion of the New York-Northern New Jersey-Long Island
(NY-NJ-CT) and the Jamestown 8-hour ozone marginal nonattainment areas,
is conditionally approved as it applies to the Clean Air Act control
techniques guidelines (CTG)
[[Page 58347]]
requirements for major sources of volatile organic compounds (VOC).
(2) The remainder of New York's December 22, 2014 RACT analysis
plan, pursuant to the 2008 8-hour ozone NAAQS as applied to the entire
State, including the New York portion of the NY-NJ-CT and the Jamestown
8-hour ozone marginal nonattainment areas, and as it applies to non-CTG
major sources of VOCs and to major sources of oxides of nitrogen
(NOX), is approved.
(3) The December 22, 2014 New York plan submittal providing a
nonattainment new source review (NNSR) certification as sufficient for
purposes of the state-wide 2008 8-hour ozone NAAQS, including the New
York portion of the NY-NJ-CT and the Jamestown 8-hour ozone
nonattainment areas, is approved.
[FR Doc. 2017-26657 Filed 12-11-17; 8:45 am]
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