[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Proposed Rules]
[Pages 22995-22996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10470]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2019-0157, FRL-9993-68-Region 2]


Approval of Air Quality Implementation Plans; New York; Cross-
State Air Pollution Rule; NOX Ozone Season Group 2, NOX Annual and SO2 
Group 1 Trading Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the New York State Implementation Plan (SIP) 
addressing requirements of the Cross-State Air Pollution Rule (CSAPR). 
Under the CSAPR, large electricity generating units in New York are 
subject to Federal Implementation Plans (FIPs) requiring the units to 
participate in CSAPR federal trading programs for ozone season 
emissions of nitrogen oxides (NOX), annual emissions of 
NOX, and annual emissions of sulfur dioxide 
(SO2). This action proposes to approve into New York's SIP 
the State's regulations that replace the default allowance allocation 
provisions of the CSAPR federal trading programs for ozone season 
NOX, annual NOX, and annual SO2 
emissions.

DATES: Comments must be received on or before June 20, 2019.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2019-0157, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or withdrawn. 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: Kenneth Fradkin, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3702, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The EPA proposes to approve New York's 
November 30, 2018 SIP submittal concerning CSAPR \1\ trading programs 
for ozone-season emissions of NOX, annual emissions of 
NOX, and annual emissions of SO2. The EPA also 
proposes to approve New York's revised list of definitions that was 
submitted to the EPA on July 23, 2015. We have published a direct final 
rule approving the State's SIP revision(s) in the Rules and Regulations 
section of this Federal Register, because we view this as a 
noncontroversial action and anticipate no relevant adverse comment. We 
have explained our reasons for this action in the preamble to the 
direct final rule. If we receive no adverse comment, we will not take 
further action on this proposed rule. If we receive adverse comment, we 
will withdraw the direct final rule and it will not take effect. We 
would address all public comments in any subsequent final rule based on 
this proposed rule. We do not intend to institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. For further information, please see the information 
provided in the ADDRESSES section of this document.
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    \1\ Federal Implementation Plans; Interstate Transport of Fine 
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 
48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and 
52.39 and 40 CFR part 97).
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    Large Electric Generating Units (EGUs) in New York are subject to 
CSAPR FIPs that require the units to participate in the federal CSAPR 
NOX Ozone Season Group 2 Trading Program, the federal CSAPR 
NOX Annual Trading Program, and the federal CSAPR 
SO2 Group 1 Trading Program. CSAPR provides a process for 
the submission and approval of SIP revisions to replace certain 
provisions of the CSAPR FIPs while the remaining FIP provisions 
continue to apply. This type of CSAPR SIP is termed an abbreviated SIP.
    The New York State Department of Environmental Conservation (DEC) 
amended portions of Title 6 of the New York Codes, Rules and 
Regulations (6 NYCRR) in order to incorporate CSAPR requirements into 
the State's rules and allow the DEC to allocate CSAPR allowances to 
regulated entities in New

[[Page 22996]]

York. 6 NYCRR Part 243, ``Transport Rule NOX Ozone Season 
Trading Program,'' has been repealed and replaced in its entirety with 
a new rule, 6 NYCRR Part 243, ``CSAPR NOX Ozone Season Group 
2 Trading Program.'' 6 NYCRR Part 244, ``Transport Rule NOX 
Annual Trading Program,'' has been repealed and replaced in its 
entirety with a new rule, 6 NYCRR Part 244, ``CSAPR NOX 
Annual Trading Program.'' 6 NYCRR Part 245, ``Transport Rule 
SO2 Group 1 Trading Program,'' has also been repealed and 
replaced in its entirety with a new rule, 6 NYCRR Part 245, ``CSAPR 
SO2 Group 1 Trading Program.'' Attendant revisions were made 
to 6 NYCRR Part 200, ``General Provisions,'' to update the list of 
referenced materials at Subpart 200.9 that are cited in the amended New 
York regulations.
    The EPA is proposing to approve into the New York SIP the revised 
versions of 6 NYCRR Parts 200 (Subpart 200.9), 243, 244, and 245 
included in the November 30, 2018 submission.
    The EPA is also proposing to repeal from the SIP previous versions 
of 6 NYCRR Part 243, 6 NYCRR Part 244, and 6 NYCRR Part 245 which 
implemented New York's discontinued CAIR program. New York adopted 
amendments to 6 NYCRR Part 243, 6 NYCRR Part 244, and 6 NYCRR Part 245 
that repealed and replaced CAIR trading program rules with CSAPR 
trading rules on November 10, 2015. Subsequently, on November 11, 2018, 
New York adopted amendments to 6 NYCRR Part 243, 6 NYCRR Part 244, and 
6 NYCRR Part 245 that repealed and replaced the November 15, 2015 
adopted rules that implemented New York's CSAPR program with new 
versions of New York's CSAPR trading program rules. The rules that are 
proposed to be repealed from the SIP are 6 NYCRR Part 243, ``CAIR 
NOX Ozone Season Trading Program,'' 6 NYCRR Part 244, ``CAIR 
NOX Annual Trading Program,'' and 6 NYCRR Part 245, ``CAIR 
SO2 Trading Program.''
    The EPA is also proposing to approve into the New York SIP a 
revised version of 6 NYCRR Part 200 (Subpart 200.1) to address updated 
definitions at Part 200.1(f) that were submitted to the EPA on July 23, 
2015 and that were associated with a repeal of 6 NYCRR Part 203, 
``Indirect Sources of Air Contamination.''
    The revised versions of 6 NYCRR Parts 200 (Subpart 200.9), 243, 
244, and 245 included in the November 30, 2018 SIP submission replace 
the previous versions of those rules that were included in a December 
1, 2015 SIP submission. The EPA identified deficiencies in the December 
1, 2015 submission but on November 20, 2017 conditionally approved 
those previous versions of Parts 200, 244, and 245 (but not Part 243) 
into the SIP (82 FR 57362, December 5, 2017). In a July 6, 2017 letter 
to the EPA, New York committed to submitting a SIP revision that 
addressed the identified deficiencies by December 29, 2017. However, 
New York's response to the conditional approval was not submitted to 
the EPA by December 29, 2017. The November 30, 2018 SIP submittal 
addresses the identified deficiencies, but was submitted approximately 
11 months late, so the conditional approval is treated as a 
disapproval.
    The EPA did not take action on the previous version of 6 NYCRR Part 
243 included in New York's December 1, 2015 submission. Following that 
submission, the EPA finalized the CSAPR Update rule \2\ to address 
Eastern states' interstate air pollution mitigation obligations with 
regard to the 2008 Ozone National Ambient Air Quality Standard (NAAQS). 
Among other things, starting in 2017 the CSAPR Update required New York 
EGUs to participate in the new CSAPR NOX Ozone Season Group 
2 Trading Program instead of the earlier CSAPR NOX Ozone 
Season Trading Program (now renamed the ``Group 1'' program) and 
replaced the ozone season budget for New York with a lower budget 
developed to address the revised and more stringent 2008 Ozone NAAQS. 
In a July 14, 2016 letter to the EPA, New York indicated that the State 
would revise 6 NYCRR Part 243 to conform with the final CSAPR Update. 
As indicated earlier in this section New York repealed 6 NYCRR Part 243 
and replaced the rule in its entirety with a new rule, 6 NYCRR Part 
243, ``CSAPR NOx Ozone Season Group 2 Trading Program''.
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    \2\ 81 FR 74504 (October 26, 2016).
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    This action proposes to approve into New York's SIP state-
determined allowance allocation procedures for ozone-season 
NOX allowances that would replace EPA's default allocation 
procedures for the control periods in 2021 and beyond. Additionally, 
EPA is proposing to approve into New York's SIP state-determined 
allowance allocation procedures for annual NOX and 
SO2 allowances that would replace EPA's default allocation 
procedures for the control periods in 2023 and beyond. The proposed 
approval of this SIP revision does not alter any provision, other than 
the allowance allocation provisions, of either the CSAPR NOX 
Ozone Season Group 2 Trading Program, the CSAPR NOX Annual 
Trading Program or the CSAPR SO2 Group 1 Trading Program as 
applied to New York units. The FIP provisions requiring those units to 
participate in the programs (as modified by this SIP revision) remain 
in place.

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 2, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019-10470 Filed 5-20-19; 8:45 am]
 BILLING CODE 6560-50-P