[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6970-6972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0340; FRL-9974-47-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.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 finds that the SIP revision fulfills 
the requirements of the Clean Air Act and the EPA's Regional Haze Rule 
for Roseton Units 1 and 2. In conjunction with this approval, the EPA 
is withdrawing the FIP that addresses BART for Roseton Units 1 and 2.

DATES: This rule is effective on March 19, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2017-0340. All documents in the docket are 
listed on the 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 through www.regulations.gov, or please contact the person 
identified in the For Further Information Contact section for 
additional available information.

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: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. What action is the EPA taking today?
II. What significant comments were received in response to the EPA's 
proposed action?
III. What are the EPA's conclusions?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What action is the EPA taking today?

    The EPA is approving a source-specific State Implementation Plan 
(SIP) revision for Units 1 and 2 of the Roseton Generating Station 
submitted by the New York State Department of Environmental 
Conservation (NYSDEC) on April 18, 2017. The EPA is approving emission 
limits for sulfur dioxide (SO2) for Roseton Units 1 and 2 
that are equivalent to the emission limits established by the EPA's 
Federal Implementation Plan (FIP), which was promulgated on August 28, 
2012 (77 FR 51915).
    In its submittal, the NYSDEC included the following BART emission 
limits for Roseton Units 1 and 2: 0.55 pounds of SO2 per 
million British thermal unit (lb SO2/MMBtu) calculated on a 
24-hour average for each unit.\1\ As a result of the EPA's approval, 
the EPA is withdrawing those portions of the FIP that address BART for 
Roseton Units 1 and 2. The reader is referred to the EPA's proposal, 82 
FR 48942 (October 23, 2017), for a detailed discussion of this SIP 
revision.
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    \1\ In the SIP submittal and in subsequent correspondence with 
the EPA, NYSDEC notes the oxides of nitrogen (NOX) and 
Particulate Matter (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 its 
August 28, 2012 Final Action on New York's Regional Haze SIP (77 FR 
51915).
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II. What significant comments were received in response to the EPA's 
proposed action?

    During the public comment period, three interested parties 
submitted comments on the EPA's proposal. Two comments expressed 
support of this action. A third commenter expressed support for the 
benefits of reduced sulfur for public health and raised the following 
two additional comments.
    Comment 1: The commenter questioned the need for the SIP revision 
since the FIP was already in place.
    Response: The Clean Air Act (CAA) obligates the EPA to act on a 
State's SIP submittal or revision, provided the submittal meets minimum 
completeness criteria. CAA section 110(k) (1); 40 CFR

[[Page 6971]]

part 51, appendix V. Because the SIP revision meets CAA requirements, 
we are required to approve it. See CAA section 110(k)(3), (l).
    Comment 2: The commenter suggested that the State should submit new 
or updated enforcement rules.
    Response: It is unclear what the commenter means by ``new or 
updated enforcement rules.'' NYSDEC submitted a SIP revision to address 
the BART requirements for Roseton Units 1 and 2. The commenter has not 
identified any issues with the SIP revision that would warrant a change 
in the EPA's proposal to approve it.

III. What are the EPA's conclusions?

    The EPA has evaluated the Roseton SIP Revision and is determining 
that it meets the requirements of the CAA and the Regional Haze Rule. 
Therefore, the EPA is approving the BART emission limits and related 
administrative requirements (i.e., monitoring, recordkeeping, and 
reporting requirements) for Roseton Units 1 and 2, which are identical 
to those contained in the EPA's 2012 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). Consequently, the 
EPA is withdrawing those portions of the 2012 FIP that address BART for 
Roseton Units 1 and 2.
    At the time of the proposal, Roseton and Danskammer were the only 
two sources in New York State subject to the Regional Haze FIP (77 FR 
51915). In a separate action, effective January 3, 2018, the EPA 
withdrew the FIP requirements for Danskammer after approving a source-
specific SIP (82 FR 57126). In this action, the EPA is similarly 
approving a source-specific SIP for Roseton and withdrawing the FIP 
requirements for that facility. Upon the effective date of the Federal 
Register notice, the requirements in the approved SIP for Roseton 
Generating Station Units 1 and 2 will apply, the FIP requirements for 
Roseton Generating Station Units 1 and 2 will be withdrawn, and the 
Regional Haze FIP, 40 CFR 52.1686, will be removed in its entirety.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing the incorporation by reference of a 
single-source SIP revision, dated April 18, 2017, for Roseton Units 1 
and 2 (Facility DEC ID 3334600075), including Title V permit conditions 
(permit ID 3-3346-00075/0008) that include BART emission limits for 
SO2. The summary of emission limits and other enforceable 
requirements in this SIP revision are included in section I of this 
notice. The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 2 
Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information). 
Therefore, these materials have been approved by the EPA for inclusion 
in the SIP, have been incorporated by reference by the EPA into that 
plan, are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of the final rulemaking of the EPA's 
approval, and will be incorporated by the Director of the Federal 
Register in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it will result in the approval of a SIP submitted 
by the NYSDEC for Roseton Units 1 and 2. Approval of SIPs falls within 
a category of actions that is exempt from review by OMB. It was 
therefore not submitted to OMB for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action falls within the category of actions that OMB has 
exempted from review. This action specifically is an approval of a SIP.

C. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (PRA).\3\ Because this 
final rule has identical recordkeeping and reporting requirements to 
the EPA's 2012 FIP, the PRA does not apply.
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    \3\ 44 U.S.C. 3501 et seq.
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D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
rule does not impose any requirements or create impacts on small 
entities as no small entities are subject to the requirements of this 
rule.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million 
or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. Because this final 
rule has identical BART emission limits and related administrative 
requirements (i.e., monitoring, recordkeeping and reporting 
requirements) to the EPA's 2012 FIP, this final rule is not subject to 
the requirements of sections 202 or 205 of UMRA. This final rule is 
also not subject to the requirements of section 203 of UMRA because it 
contains no regulatory requirements that might significantly or 
uniquely affect small governments.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments. Thus, Executive Order 13175 does not apply to this 
rule.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997). The EPA interprets Executive Order 13045 as applying 
only to those regulatory actions that concern environmental health or 
safety risks that the EPA has reason to believe may disproportionately 
affect children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

[[Page 6972]]

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. Therefore, 
the EPA is not considering the use of any voluntary consensus 
standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). As 
explained previously, the SIP revision being approved in this action 
includes identical BART emission limits and related administrative 
requirements (i.e., monitoring, recordkeeping and reporting 
requirements) to the EPA's 2012 FIP.

L. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability.

M. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 17, 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 CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

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

    Dated: February 8, 2018.
E. Scott Pruitt,
Administrator.

    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 (d) is amended by revising 
the entry ``Roseton Generating Station-Dynegy'' to read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (d) * * *

                                EPA-Approved New York Source-Specific Provisions
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                                                                State       EPA approval
          Name of source                Identifier No.     effective date       date              Comments
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                                                  * * * * * * *
Roseton Generating Station........  NYSDEC Facility No.         12/5/2016       2/16/2018  Best Available
                                     33346000075.                                           Retrofit Technology
                                                                                            (BART) emission
                                                                                            limits for SO2
                                                                                            pursuant to 6 NYCRR
                                                                                            part 249 for Units 1
                                                                                            and 2.
 
                                                  * * * * * * *
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* * * * *


Sec.  52.1686  [Removed and Reserved]

0
3. Section 52.1686 is removed and reserved.

[FR Doc. 2018-03192 Filed 2-15-18; 8:45 am]
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