[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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
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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]
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3. Section 52.1686 is removed and reserved.
[FR Doc. 2018-03192 Filed 2-15-18; 8:45 am]
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