[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Proposed Rules]
[Pages 8233-8240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02819]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0684; FRL-10005-32-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 in the New York Metropolitan 
Area Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) submitted by the State of New 
York for purposes of implementing Reasonably Available Control 
Technology (RACT) in the New York portion of the New York-Northern New 
Jersey-Long Island NY-NJ-CT nonattainment area (New York Metropolitan 
Area or NYMA) for the 2008 8-hour ozone National Ambient Air Quality 
Standard (NAAQS) as it relates to major sources emitting oxides of 
nitrogen (NOX), control technique guidelines (CTG) for 
sources of volatile organic compounds (VOCs), and non-CTG major sources 
of VOCs. In addition, the EPA is proposing to approve portions of the 
SIP revision submitted by New York to address the 2008 ozone NAAQS that 
certify that the State has satisfied the requirements for an enhanced 
vehicle Inspection and Maintenance Program, an emissions statement 
program, and a nonattainment new source review program. The EPA is also 
proposing to approve New York's RACT plan as it applies to the CTG for 
industrial cleaning solvents and to solvent metal cleaning processes. 
This action is being taken in accordance with the requirements of the 
Clean Air Act.

DATES: Written comments must be received on or before March 16, 2020.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0684 at 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: Omar Hammad, Environmental Protection 
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION:  The Supplementary Information section is 
arranged as follows:

Table of Contents

I. What action is the EPA proposing?
II. What is the background for this proposed rulemaking?
III. What did New York submit?
IV. What is the EPA's evaluation of New York's SIP submittal?
V. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    The EPA is proposing to approve a (SIP) submitted by the State of 
New York on November 13, 2017 for purposes of implementing Reasonably 
Available Control Technology (RACT) \1\ for the 2008 8-hour ozone 
National Ambient Air Quality Standard (NAAQS or standard) for the New 
York portion of the NYMA classified as moderate nonattainment. The 
State's November 2017 SIP submittal consists of a demonstration that 
New York meets the RACT requirements for the two precursors for ground-
level ozone, i.e., NOX and volatile organic compounds 
(VOCs), set forth by the Clean Air Act (CAA or Act) with respect to the 
2008 8-hour ozone standard. The EPA is proposing to approve New York's 
November 2017 RACT SIP submittal as it applies to non-control technique 
guideline (non-CTG) major sources of VOCs, CTG sources of VOCs and to 
major sources of NOX.
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    \1\ 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).
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    The EPA is also proposing to approve the following New York 
certifications that were submitted as part of SIP

[[Page 8234]]

revisions to address the moderate area 2008 8-hour NAAQS. The 
certifications, that are applicable state-wide and therefore to the New 
York portion of NYMA, are: (1) That nonattainment new source review 
(NNSR) applies to NOX and VOC emissions from stationary 
sources; (2) that the State has satisfied the requirements for an 
enhanced vehicle Inspection and Maintenance Program; and (3) that the 
State has satisfied the requirements for an emissions statement 
program.
    New York certified that there are no sources located in the State 
for the following six CTGs: Manufacture of Vegetable Oils; Manufacture 
of High-Density Polyethylene, Polypropylene and Polystyrene Resins; 
Natural Gas/Gasoline Processing Plants; Air Oxidation Processes in 
Synthetic Organic Chemical Manufacturing Industry; Fiberglass Boat 
Manufacturing Materials; Agricultural Pesticides. The EPA is not 
proposing any action on this certification since we previously approved 
the State's negative declaration for these six CTGs. 82 FR 58342 
(December 12, 2017); 40 CFR 52.1683 (a) and (b).
    The EPA is proposing to approve New York's RACT plan as it applies 
to the CTG for industrial cleaning solvents. On December 12, 2017 (82 
FR 58342), the EPA published a conditional approval of New York's 
state-wide 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 
sources for industrial cleaning solvents. In its letter dated September 
6, 2017, New York committed to adopt, by November 30, 2018, a revised 
Part 226 of Title 6 of the New York Codes, Rules and Regulations (6 
NYCRR), entitled, ``Solvent Metal Cleaning Processes,'' that will 
address the CTG for industrial cleaning solvents. In the conditional 
approval, EPA stated that if New York failed to meet its commitment 
within the one-year time period specified by CAA section 110(k)(4), the 
conditional approval will, by operation of law, become a disapproval. 
New York's response to the conditional approval was submitted to the 
EPA on November 5, 2019, approximately 11 months late, so the 
conditional approval converted to a disapproval. The EPA is now 
proposing to approve New York's state-wide RACT submittal dated 
December 22, 2014, as supplemented on September 6, 2017 and November 5, 
2019, for purposes of satisfying the 2008 8-hour ozone standard RACT 
requirement, as it applies to CTG requirements for VOC sources for 
industrial cleaning solvents.
    The EPA is also proposing to approve New York's RACT plan as it 
applies to solvent cleaning processes. The EPA approved \2\ New York's 
RACT plan for solvent metal cleaning processes under the 1-hour ozone 
standard and is now proposing to approve New York's revised and more 
stringent requirements as the RACT plan for solvent metal cleaning 
processes for the 2008 8-hour ozone standard.
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    \2\ Approval and Promulgation of Implementation Plans; New York 
State Implementation Plan Revision; 1-Hour Ozone Control Programs. 
(69 FR 3237, January 23, 2004).
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II. What is the background for this proposed rulemaking?

    In 2008, EPA revised the health-based NAAQS for ozone, setting it 
at 0.075 parts per million (ppm) averaged over an 8-hour time frame. 
The EPA determined that the revised 8-hour standard would be more 
protective of human health, especially with regard to children and 
adults who are active outdoors and individuals with a pre-existing 
respiratory disease such as asthma.
    On April 30, 2012, the EPA finalized its attainment/nonattainment 
designations for areas across the country with respect to the 2008 8-
hour ozone standard. 77 FR 30087 (May 21, 2012). This action became 
effective on July 20, 2012. The two 8-hour ozone marginal nonattainment 
areas located in New York State are the New York portion of NYMA and 
the Jamestown nonattainment area. The remainder of New York State was 
designated as unclassifiable/attainment. The New York portion of the 
NYMA, is composed of the five boroughs of New York City and the 
surrounding counties of Nassau, Suffolk, Westchester, Rockland and the 
Shinnecock Indian Nation.\3\ 40 CFR 81.333. The Jamestown nonattainment 
area is composed of Chautauqua County. In 2016, the EPA determined that 
Jamestown attained the 2008 ozone standard by the July 20, 2015 
attainment date and that the NYMA nonattainment area did not attain the 
2008 ozone standard by the applicable attainment date and was 
reclassified from a marginal to a moderate nonattainment area. 81 FR 
26697 (May 4, 2016).\4\ State attainment plans for moderate 
nonattainment areas were due by January 1, 2017. 81 FR 26697. Jamestown 
remains classified as a marginal nonattainment area until the State 
submits a redesignation request \5\ to the EPA. Since the NYMA was 
reclassified to a moderate nonattainment area, New York, on November 
13, 2017, submitted a new RACT determination as well as revisions 
related to the 2008 8-hour ozone moderate standard. This proposed 
action addresses New York's RACT determination and State certifications 
portions of New York's November 13, 2017, submittal for the New York 
portion of NYMA. The remaining portions of New York's attainment 
demonstration for the 2008 8-hour ozone standard, moderate designation, 
for the New York portion of NYMA will be addressed in a separate 
rulemaking action.
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    \3\ Information pertaining to areas of Indian country is 
intended for CAA planning purposes only and is not an EPA 
determination of Indian country status or any Indian country 
boundary. The EPA lacks the authority to establish Indian country 
land status and makes no determination of Indian country boundaries 
at 77 FR 30087 (May 21, 2012).
    \4\ In 2019 the NY-NJ-CT nonattainment area was reclassified to 
serious nonattainment. 84 FR 44238 (August 23, 2019). The serious 
area attainment date and the deadline for RACT measures not tied to 
attainment is July 20, 2021. 84 FR 44238.
    \5\ EPA's determination of attainment does not constitute a 
redesignation to attainment. Redesignation requires states to meet a 
number of additional statutory criteria, including the EPA approval 
of a state plan demonstrating maintenance of the air quality 
standard for 10 years after redesignation. (81 FR 26697 at 26701; 
May 4, 2016). On October 2, 2018 (83 FR 49492), the EPA made a final 
determination that the Jamestown Area has attained the 2008 8-hour 
ozone NAAQS based upon complete, quality-assured, and certified 
ambient air monitoring data that shows the Area has monitored 
attainment of the 2008 8-hour ozone NAAQS for both the 2012-2014 and 
2015-2017 monitoring periods. This final action does not constitute 
a redesignation to attainment. The Jamestown area will remain 
nonattainment for the 2008 8-hour ozone standard until such time as 
EPA determines that the Jamestown area meets the CAA requirements 
for designation to attainment, including an approved maintenance 
plan.
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    The counties in the New York portion of NYMA (and part of Orange 
County) were previously classified under the 1979 1-hour ozone NAAQS as 
severe, requiring RACT, while the remaining counties in the State were 
subject to RACT as part of the moderate classification or as part of 
the Ozone Transport Region (OTR).\6\ Under the 2008 8-hour ozone 
standard, in areas classified as moderate or located in the OTR (which 
includes all of New York State), a RACT determination is required for 
major stationary sources that emit or have the potential to emit 50 
tons per year for VOC and 100 tons per year for NOX. As 
required by the anti-backsliding provisions of the CAA, for purposes of 
the RACT analysis for the 2008 ozone standard, New York retained the 1-
hour ozone plan emission threshold of 25 tons per year or more for 
either NOX or VOC for major sources in

[[Page 8235]]

the New York portion of NYMA and portions of Orange County that were 
classified as severe under the 1979 1-hour standard.
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    \6\ CAA section 184(a) established a single ozone transport 
region (OTR) comprising all or part of 12 eastern states and the 
District of Columbia.
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    Sections 172(c)(1) and 182(b)(2) of the CAA require states to 
implement RACT in areas classified as moderate (and higher) 
nonattainment for ozone, while section 184(b)(1)(B) of the CAA requires 
VOC RACT in states located in the OTR and section 182(f) requires 
NOX RACT be adopted in the OTR. These areas are required to 
implement RACT for all major VOC and NOX emission sources 
and for all sources covered by a CTG. A CTG is a document issued by the 
EPA which establishes a ``presumptive norm'' for RACT for a specific 
VOC source category. A related set of documents, Alternative Control 
Techniques (ACT) documents, exists primarily for NOX control 
requirements. States must submit rules, or negative declarations when 
the State has no such sources, for CTG source categories, but not for 
sources in ACT categories. However, RACT must be imposed on major 
sources of NOX, and some of those major sources may be 
within a sector covered by an ACT document.
    On March 6, 2015 (80 FR 12264), the EPA published a final rule that 
outlines the obligations that areas found to be in nonattainment of the 
2008 ozone NAAQS need to address. This rule, herein referred to as the 
``2008 ozone implementation rule,'' contains, among other things, a 
description of the EPA's expectations for states with RACT obligations. 
The 2008 ozone implementation rule provides that states could meet RACT 
through the establishment of new or more stringent requirements that 
meet RACT control levels, through a certification that previously 
adopted RACT controls in the SIP, that were approved by the EPA under a 
prior ozone NAAQS, represent adequate RACT control levels for 
attainment of the 2008 ozone NAAQS, or a combination of these two 
approaches. In addition, a state must submit a negative declaration in 
instances where there are no CTG sources. The 2008 ozone implementation 
rule requires that states with nonattainment areas were required to 
submit RACT SIPs to EPA within two years from the effective date of 
nonattainment designation or by July 20, 2014.

III. What did New York submit?

    On November 13, 2017, the New York Department of Environmental 
Conservation (NYSDEC or New York) submitted to the EPA a formal 
revision to its SIP.\7\ The SIP revision consists of information 
documenting how New York complied with the RACT requirements and the 
elements of an attainment demonstration for the 2008 8-hour ozone NAAQS 
for the New York portion of NYMA classified as moderate 
nonattainment.\8\ In its November 2017 RACT submittal, New York 
certifies that the State's submittal addresses the RACT requirements 
for the 2008 8-hour ozone standard, with the exception of the CTG for 
industrial cleaning solvents and for the 2016 oil and natural gas 
industry CTG. In New York's December 2014 state-wide RACT submittal, as 
supplemented on September 6, 2017, the State committed to revise 6 
NYCRR Part 226, ``Solvent Metal Cleaning Processes,'' and to fulfill 
that commitment by no later than November 30, 2018. New York 
supplemented the RACT submittal on November 5, 2019, with a revised 
version of 6 NYCRR Part 226, to address the CTG for industrial cleaning 
solvents. In addition, in New York's November 2017 RACT SIP submittal, 
the State commits to adopting a new regulation to address EPA's CTG for 
the oil and natural gas industry (EPA-453/B-16-001, October 20, 2016).
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    \7\ The submittal is entitled ``New York State Implementation 
Plan for the 2008 Ozone National Ambient Air Quality Standard, 
Reasonably Available Control Technology Demonstration for the New 
York Metropolitan Area Moderated Nonattainment Area, final proposed 
revision, November 2017.''
    \8\ New York, in its November 2017 submittal, requests that EPA 
reclassify the NYMA to serious nonattainment to allow New York, New 
Jersey and Connecticut adequate time to develop complete SIPs that 
forecast attainment in the NYMA by the serious area deadline of July 
20, 2021. Effective September 23, 2019, EPA reclassified the NYMA to 
serious nonattainment, giving each state until July 20, 2021 to 
achieve the 2008 ozone standard. 84 FR 44238 (Aug. 23, 2019).
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    New York's November 2017 RACT submittal states that it evaluated 
its existing RACT regulations, used in its December 2014 state-wide 
RACT determination to meet the 1997 8-hour ozone standard, to ascertain 
whether the same regulations constitute RACT for the 2008 8-hour ozone 
standard. In making its new 8-hour ozone RACT determination, New York 
relied on EPA's RACT Question and Answer document (May 18, 2006) and 
the most recent emission control technology and cost evaluations to 
determine what constitutes technically and economically feasible 
controls for specific sources. Accordingly, the basic framework for New 
York's November 2017 RACT SIP determination for the New York portion of 
NYMA moderate nonattainment area is described as follows:
     Identify all source categories covered by CTG and ACT 
documents.
     Identify applicable regulations that implement RACT.
     Certify that the existing level of controls for the 1997 
8-hour ozone standard equals RACT under the 2008 8-hour ozone standard 
in certain cases.
     Declare which sources covered by a CTG and ACT do not 
exist within the state and/or that RACT is not applicable in certain 
cases.
     Identify and evaluate applicability of RACT to individual 
sources whose source category does not have a presumptive emission 
limit covered by a state-wide regulation.
     Identify potential RACT revisions.
     Identify statewide applicability of nonattainment new 
source review (NNSR).
    New York states that its November 2017 RACT SIP submittal for the 
New York portion of NYMA moderate nonattainment area supports the 
primary findings of the December 2014 state-wide RACT SIP: Namely, that 
New York State (and therefore the New York portion of the NYMA) has 
fulfilled the CAA obligations for RACT in a moderate nonattainment 
area, with the exception of the industrial cleaning solvents CTG, 
issued by the EPA in September 2006, for which New York has since 
finalized a rulemaking to include those requirements in Part 226.\9\ In 
addition, in the November 2017 submittal, New York notes that it 
intends to adopt and implement the 2016 oil and natural gas industry 
CTG and that sources subject to the CTG will be regulated through a new 
rule that is not yet adopted. New York certified that the RACT 
requirements for the 2008 8-hour ozone NAAQS for the New York portion 
of NYMA moderate nonattainment area have been satisfied and are 
consistent with the most recent control technology and economic 
considerations. The following discusses the results of New York's 
analysis of RACT under the basic framework identified above.
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    \9\ New York adopted Part 226 with an effective date of November 
1, 2019.
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CTGs and ACTs

    New York reviewed its existing RACT regulations adopted under the 
1979 1-hour and 1997 8-hour ozone standard to identify source 
categories covered by the EPA's CTG and ACT documents. New York's RACT 
SIP submittal lists the CTG and ACT documents and corresponding State 
RACT regulations that cover the CTG and ACT sources included in New 
York's emissions inventory. For non-CTG major sources,

[[Page 8236]]

6 NYCRR Part 212, ``General Process Emission Sources,'' regulates RACT 
compliance for VOC and NOX. Major sources of NOX 
are regulated by 6 NYCRR Part 227-2, ``Reasonably Available Control 
Technology (RACT) for Major Facilities of Oxides of Nitrogen 
(NOX).'' In its November 2017 SIP submittal, New York 
certified that major non-CTG sources are covered by the Part 212 RACT 
regulation.
    Except as noted, New York has implemented RACT controls state-wide 
for all CTGs that the EPA had issued as of October 2016. The following 
table lists the RACT controls that have been promulgated in 6 NYCRR and 
the corresponding EPA SIP approval dates.

------------------------------------------------------------------------
                                                          EPA approval
        NY  regulation                   Title                date
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Part 205......................  Architectural and       12/13/04, 69 FR
                                 Industrial              72118.
                                 Maintenance Coatings.
Part 211......................  General Prohibitions..  7/12/13, 78 FR
                                                         41846.
Part 212......................  General Process         7/12/13, 78 FR
                                 Emission Sources.       41486.
Part 214......................  Byproduct Coke Oven     7/20/06, 71 FR
                                 Batteries.              41163.
Part 216......................  Iron and/or Steel       7/20/06, 71 FR
                                 Processes.              41163.
Part 220......................  Portland Cement and     7/12/13, 78 FR
                                 Glass Plants.           41486.
Part 223......................  Petroleum Refineries..  7/19/85, 50 FR
                                                         29382.
Part 224......................  Sulfuric and Nitric     7/19/85, 50 FR
                                 Acid Plants.            29382.
Part 226......................  Solvent Metal Cleaning  1/23/04, 69 FR
                                 Processes.              3237.
Part 227-2....................  RACT for Oxides of      7/12/13, 78 FR
                                 Nitrogen (NOX).         41486.
Part 228......................  Surface Coating         3/04/14, 79 FR
                                 Processes.              12084.
Part 229......................  Petroleum and Volatile  12/23/97, 62 FR
                                 Organic Liquid          67006.
                                 Storage and Transfer.
Part 230......................  Gasoline Dispensing     4/30/98, 63 FR
                                 Sites and Transport     23668.
                                 Vehicles.
Part 232......................  Dry Cleaning..........  6/17/85, 50 FR
                                                         25079.
Part 233......................  Pharmaceutical and      12/23/97, 62 FR
                                 Cosmetic Processes.     67006.
Part 234......................  Graphic Arts..........  3/08/12, 77 FR
                                                         13974.
Part 236......................  Synthetic Organic       7/27/93, 58 FR
                                 Chemical                40059.
                                 Manufacturing
                                 Facility Component
                                 Leaks.
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    New York's November 2017 RACT submittal also contains a table (see 
Appendix A: Control Technique Guidelines and Alternative Control 
Techniques Documents) listing all the CTG and ACT categories and the 
corresponding State regulations or negative declarations that address 
the requirements. The EPA previously approved and incorporated into the 
SIP the State's regulations identified in Appendix A that address ACTs 
and CTGs.
    For some source categories, the SIP-approved New York rules have 
more stringent emission limits and/or lower thresholds of applicability 
than the recommendations contained in the CTG and ACT documents. In its 
submittal, New York identified categories where controls may be more 
stringent than the recommended levels contained in the CTG and ACT 
documents. For example, Part 228, ``Surface Coating Processes, 
Commercial and Industrial Adhesives, Sealants and Primers,'' Part 234, 
``Graphic Arts,'' Part 241, ``Asphalt Pavement and Asphalt Based 
Surface Coatings,'' and Part 227-2, ``Reasonably Available Control 
Technology (RACT) for Major Facilities of Oxides of Nitrogen 
(NOX)'' have each been adopted by the State with more 
stringent limits or applicability than what was recommended by the 
corresponding CTG or ACT. New York certifies that its SIP-approved 
regulations meet the RACT requirements for the New York portion of NYMA 
moderate nonattainment area for the 2008 8-hour ozone standard.

Solvent Cleaning Processes

    On November 5, 2019, the State submitted a revised 6 NYCRR Part 
226, ``Solvent Cleaning Processes and Industrial Cleaning Solvents.'' 
The prior 6 NYCRR 226 has been re-numbered as 6 NYCRR Subpart 226-1 and 
renamed ``Solvent Cleaning Processes'' from ``Solvent Metal Cleaning 
Processes'' to accommodate the addition of a new rule, 6 NYCRR 226-2, 
``Industrial Cleaning Solvents.'' Attendant changes have been made to 6 
NYCRR 201, ``Permit and Certificates,'' and those will be reviewed for 
potential rule making action in the future.

Solvent Cleaning Processes 6 NYCRR 226-1

    Subpart 226-1 applies to all owners or operators of facilities who 
operate cold cleaners (including remote reservoir cold cleaning 
machines), open-top vapor degreasers, and all types of conveyorized 
degreasers that carry out solvent cleaning processes of metal objects 
using a solution containing VOCs. After December 1, 2020, Subpart 226-1 
expands applicability to include such cleaning of non-metal objects. 
Subpart 226-1 also changes the current cold cleaning requirement of 
using a solvent with a maximum vapor pressure of 1.0 mm Hg, or less, at 
20 degrees Celsius, to using a cleaner with no more than twenty-five 
(25) grams of VOC per liter (25g/l) of cleaning solution. These 
revisions, and the inclusion of non-metal objects, make the proposed 
regulation more stringent than the previously approved regulation.

CTG for Industrial Cleaning Solvents

    In New York's December 2014 state-wide RACT submittal, as 
supplemented on September 6, 2017, the State committed to revise 6 
NYCRR Part 226, ``Solvent Metal Cleaning Processes,'' and to fulfill 
that requirement by no later than November 30, 2018. On November 5, 
2019, New York submitted the revised 6 NYCRR Part 226 for inclusion 
into the SIP to address requirements regarding the CTG for industrial 
cleaning solvents that were identified in the EPA's conditional 
approval. 82 FR 58342 (December 12, 2017).
    The EPA issued a CTG for industrial cleaning solvents in 2006. This 
category includes the industrial cleaning solvents used by many 
industries to remove contaminants such as adhesives, inks, paint, dirt, 
soil, oil and grease. The recommended measures for controlling VOC 
emissions from the use, storage and disposal of industrial cleaning 
solvents include work practice standards, limitations on VOC content of 
the cleaning materials, and an optional alternative limit on composite 
vapor pressure of the cleaning materials. They also include the use of 
add-on controls with an overall emission reduction of at least 85 
percent by mass.
    Based on the EPA's CTG, New York revised 6 NYCRR Part 226, 
``Solvent

[[Page 8237]]

Metal Cleaning Processes,'' and added a new Subpart, Subpart 226-2 
``Industrial Cleaning Solvents'' which specifies VOC content and vapor 
pressure limits for solvents used in solvent cleaning of foreign 
materials from surfaces of unit operations such as large and small 
manufactured components, parts, equipment, floors, tanks, and vessels. 
The facility applicability threshold is in line with the CTG, actual 
emissions of (3) tons per year or more of VOC's from industrial 
cleaning solvents on a 12-month rolling total basis. Compliance is 
achieved by implementing the listed work practices and meeting a 
maximum VOC content, or a maximum VOC composite vapor pressure. 
Recordkeeping must be maintained which demonstrates compliance. The EPA 
proposes to find that New York's adopted industrial cleaning solvents 
rule is as effective in regulating the source category as the EPA's CTG 
document. Therefore, the EPA is proposing to approve the revisions to 6 
NYCRR Part 226, ``Solvent Cleaning Processes and Industrial Cleaning 
Solvents'' which includes Subpart 226-2 ``Industrial Cleaning 
Solvents.''

Source Categories Not Applicable in New York State

    In New York's November 2017 RACT SIP for the New York portion of 
NYMA, the State certified that there are no sources in New York State 
(and therefore the New York portion of the NYMA) for six CTGs. This 
certification results from a review of the State's emission inventory 
and emission statements. The CTGs for which the negative declaration 
applies are as follows: Manufacture of Vegetable Oils; Manufacture of 
High-Density Polyethylene, Polypropylene and Polystyrene Resins; 
Natural Gas/Gasoline Processing Plants; Air Oxidation Processes in 
Synthetic Organic Chemical Manufacturing Industry; Fiberglass Boat 
Manufacturing Materials; Agricultural Pesticides. In New York's 
December 2014 statewide RACT SIP, the State also certified that there 
were no sources in the State for these same six CTGs. New York 
previously certified to the satisfaction of the EPA (40 CFR 52.1683(a) 
and (b)) that there are no sources for these six CTGs in New York State 
(and therefore the New York portion of the NYMA). The EPA is not 
proposing any action on this certification since we previously approved 
the State's negative declaration for these six CTGs. See December 12, 
2017 (82 FR 58342) and 40 CFR 52.1683(a) and (b).

Source-Specific RACT Determinations

    The 8-hour ozone RACT analysis must address source-specific RACT as 
it applies to a single regulated entity. A source-specific RACT 
determination applies to sources that have obtained a facility-specific 
emission limit or an alternative emission limit, i.e., a variance. A 
case-by-case RACT analysis is required for sources that are not defined 
by a specific source category covered by an existing state regulation, 
that are requesting a variance, or that are not addressed by a CTG. New 
York's RACT guidance entitled, ``DAR-20 Economic and Technical Analysis 
for Reasonably Available Control Technology (RACT)'' outlines the 
process and conditions for granting source-specific RACT 
determinations. Under the CAA, these individual source-specific RACT 
determinations need to be submitted by the State as a SIP revision for 
the EPA's approval. Therefore, New York included in Appendix B of its 
November 2017 RACT SIP submittal a listing of VOC and NOX 
source facilities that are subject to a RACT source-specific SIP 
revision under the 8-hour ozone SIP and corresponding emission limits, 
technology and the applicable regulation governing the RACT 
determinations. In September 2008, August 2010, December 2013, and 
August 2015, New York submitted to the EPA SIP revisions that included 
most of the source-specific RACT revisions identified in Appendix B of 
the RACT SIP submittals. The EPA is performing its technical review of 
those submittals and will take separate rulemaking actions for each of 
the source-specific determinations.
    In addition, in accordance with New York's NOX RACT 
regulation, Part 227-2, owners of combined cycle combustion turbines 
are required to perform case-by-case RACT determinations that may 
result in more stringent emission limits. This RACT requirement was 
approved into the SIP. 78 FR 41846 (July 12, 2013).

Additional Control Measures Needed for Attainment

    In New York's December 22, 2014 state-wide RACT SIP submittal, 
included in the docket for this action, the State's response to 
comments stated that ``once the NYMA is reclassified as `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 emission in the New York portion of 
NYMA.''
    As part of the State's November 13, 2017 SIP submittal, New York 
has included an attainment demonstration for the New York portion of 
NYMA moderate nonattainment area for the 2008 ozone NAAQS. In the 
State's November 2017 SIP submittal letter, New York stated that the 
NYMA is unable to reach attainment of the 2008 ozone NAAQS by the 
statutory deadline of July 20, 2018. The State requested that the EPA 
issue an expeditious reclassification to serious nonattainment so that 
New York, New Jersey, and Connecticut have adequate time to develop 
complete SIPs that forecast attainment in the NYMA by the serious area 
deadline of July 20, 2021. On August 23, 2019 (84 FR 44238), the EPA 
announced, among other things, the reclassification of the NYMA from a 
moderate nonattainment area a serious nonattainment area.\10\ The NYMA 
serious nonattainment area must attain the standards by July 20, 2021.
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    \10\ On August 23, 2019, the EPA published a document in the 
Federal Register (84 FR 44238) finalizing the reclassification of 
the New York-North New Jersey-Long Island, New York-New Jersey-
Connecticut nonattainment area from moderate to serious.
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    As stated in our final action on New York's December 2014 state-
wide RACT SIP, published December 12, 2017 (82 FR 58342), New York 
could quantify potential reductions for the following NOX 
control options. It should be noted that New York has initiated the 
regulatory process toward adoption of regulations for some of the 
source categories addressed in the December 2017 final rule including 
lowering NOX or VOC emissions standards for Municipal Waste 
Combustors, Simple Cycle Combustion Turbines operating as ``peakers,'' 
and Distributed Generators. The State's September 2018 SIP submittal 
\11\ addressing interstate transport confirms that New York has 
progressed, in various stages of the rulemaking process, toward 
regulating these sources, as well as other source categories emitting 
either NOX or VOCs. EPA encourages New York to finalize 
these additional regulations and to explain why they are or are not 
considered RACT based on economic and technological feasibility.
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    \11\ See page 3 at https://www.dec.ny.gov/docs/air_pdf/sipprop2008o3trans.pdf.
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    In addition, considering that in November 2017 New York requested 
that EPA reclassify the NYMA from moderate to serious nonattainment for 
the 2008 ozone standard, EPA strongly encourages New York to adopt new 
regulations for controlling NOX

[[Page 8238]]

emissions at least as stringent as those adopted in the states of 
Connecticut and New Jersey for municipal waste combustors, simple cycle 
combustion turbines (``peakers'') operating during high electric demand 
days (HEDD), and distributed generators. Adoption of such regulations 
would provide additional NOX reductions that will help 
attain the 2008 ozone standard in the NYMA. Further details are 
discussed in the following sections.

Municipal Waste Combustors

    During the public comment period on New York's 2008 ozone RACT 
proposal a comment was submitted to the State proposing that Municipal 
Waste Combustors (MWCs) in the New York portion of NYMA should be 
controlled to at least the RACT level. In its response to the comment, 
New York estimated that potential NOX reductions of 1.50 and 
1.75 tons per day could be obtained from MWCs located in the New York 
portion of NYMA. In New York's response, the State also indicated that 
once the NYMA is classified as moderate the State would undertake a 
review of its many control options to determine which would most 
effectively and efficiently reduce emissions in the New York portion of 
NYMA.
    As stated previously, the NYMA was reclassified as a moderate 
nonattainment area effective June 2016. New York's neighboring states 
of New Jersey and Connecticut have adopted NOX emission 
limits for MWCs that are more stringent than New York's current 
permitted limits. The EPA has approved New Jersey's and Connecticut's 
revised NOX limits into the SIP.\12\ The SIP approved 
NOX limit for MWCs in New Jersey and Connecticut \13\ is 150 
parts per million (ppmvd).\14\ New York regulates MWCs under Part 219 
(Incinerators) and Part 200 (General Provisions). EPA notes that on 
September 25, 2019, New York announced proposed changes to 6 NYCRR 
Subpart 219, ``Incinerators,'' which, among other things, would limit 
oxides of nitrogen emissions from municipal waste combustion units.\15\ 
Inclusion in the SIP of more stringent NOX emission limits 
for MWCs located in the New York portion of NYMA would provide 
additional NOX reductions to help attain the 2008 ozone 
NAAQS.
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    \12\ For New Jersey, see 75 FR 80340 (December 22, 2010); for 
Connecticut, see 82 FR 35454 (July 31, 2017).
    \13\ In Connecticut, the 150 ppmvd limit is for ``mass burn 
waterwall combustors.''
    \14\ As measured on a dry volume basis and corrected to 7% 
oxygen.
    \15\ On September 25, 2019, New York announced a proposed rule, 
6 NYCRR Subpart 219, ``Incinerators.'' The proposed rule is to limit 
oxides of nitrogen emissions from municipal waste combustion units. 
The public comment period ended on December 11, 2019.
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Simple Cycle Combustion Turbines (Firing Distillate Oil or More Than 
One Fuel)--Also Called ``Peakers''

    New York's NOX RACT regulation at Part 227-2 established 
NOX emission limits of 100 ppmvd \16\ for simple cycle 
combustion turbines firing distillate oil or more than one fuel. New 
York's neighboring state of Connecticut \17\ has adopted more stringent 
NOX emission limits of 50-75 ppm with a compliance date of 
June 2018 and 40-50 ppm with a compliance date of June 2023 for this 
source category. New Jersey has also adopted more stringent 
NOX emission limits of 42 ppm.\18\ On December 31, 2019, New 
York announced an approved rule, 6 NYCRR Subpart 227-3, ``Ozone Season 
Oxides of Nitrogen (NOX) Emission Limits for Simple Cycle 
and Regenerative Combustion Turbines.'' \19\ Many of the units 
addressed by New York's approved rule are peaking units located in the 
New York portion of NYMA; these units generally have either no or low-
level NOX emission controls and typically operate during 
periods of elevated temperature when electric demand increases, and 
ozone nonattainment areas see ozone levels rise to unhealthy levels. 
The EPA will fully assess New York's recently adopted Subpart 227-3 for 
approvability once the rule is submitted to EPA for inclusion into the 
New York SIP. Inclusion into the SIP of more stringent NOX 
emission limits for simple cycle turbines located throughout the State, 
and particularly in the New York portion of NYMA, would provide 
additional NOX reductions to help attain the 2008 ozone 
NAAQS.
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    \16\ Corrected to 15% oxygen.
    \17\ For Connecticut, see 82 FR 35454 (July 31, 2017).
    \18\ 42 ppm is equivalent to 1.6 lb/megawatt-hour which is the 
limit at Table 7 of New Jersey's NOX RACT regulation, 
Subchapter 19. Subchapter 19 at Table 7 notes that the limit is 
applicable to high electric demand day (HEDD) units or a stationary 
combustion turbine that is capable of generating 15 MW or more and 
that commenced operation on or after May 1, 2005. In accordance with 
Subchapter 19 definitions, units that commence operation on or after 
May 1, 2005 are neither HEDD nor non-HEDD units.
    \19\ On December 31, 2019, New York announced an approved rule, 
6 NYCRR Subpart 227-3, ``Ozone Season Oxides of Nitrogen 
(NOX) Emission Limits for Simple Cycle and Regenerative 
Combustion Turbines.'' These controls are for ``peaking'' combustion 
turbines operating on high electric demand days. See https://www.dos.ny.gov/info/register/2019/dec31.pdf.
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NYCRR Part 222 for Distributed Generation (DG)

    New York has undertaken the regulatory process to adopt 6 NYCRR 
Part 222 for DG to address NOX emissions from electric 
generating units during high electric demand days. New York's 
neighboring states of Connecticut and New Jersey have adopted 
regulations \20\ for controlling NOX emissions from DG 
sources, and New Jersey's DG provisions are approved into the SIP. EPA 
encourages New York to submit Part 222 as a SIP revision \21\ for EPA 
approval as soon as possible after completion of the regulatory 
process.
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    \20\ For Connecticut see DG regulation at 22a-174-42; For New 
Jersey see Subchapter 19 at section 19.8(e)(1), (2) and (4). The EPA 
approved Subchapter 19 on December 22, 2010 (75 FR 80340).
    \21\ On September 4, 2019, New York announced a proposed rule, 6 
NYCRR Subpart 222, ``Distributed Generation Sources.'' The proposed 
rule is to replace the rule adopted on November 1, 2016. The new 
rule would apply to demand response and price-responsive generation 
sources located in the NYC metropolitan area. The public comment 
period ended on November 25, 2019.
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Other New York Certifications

    As part of New York's 2008 ozone attainment demonstration for the 
New York portion of NYMA moderate nonattainment area the State has 
certified that the following previously-approved SIP elements remain 
adequate, and no revisions to the state plan are necessary.

State-Wide Nonattainment New Source Review (NNSR)

    New York affirms in its November 2017 RACT submittal that, since 
the State is located entirely in the OTR, regardless of the area's 
designation status, NNSR applies state-wide for emissions of ozone 
precursor pollutants, VOC and NOX, for new major facilities 
or modifications to existing major or minor sources. New major 
facilities or modification to existing major or minor facilities in New 
York State are subject to the provisions of 6 NYCRR Part 231,\22\ ``New 
Source Review for New and Modified Facilities.'' Major-source pollutant 
thresholds are lower in the NYMA, however, due to the area's former 
severe classification under the 1-hour ozone NAAQS: 25 Tons per year 
for VOC or NOX, as opposed to 50 to 100 tons, respectively, 
throughout the rest of the state. The NYMA also has a lower significant 
source project threshold and significant net emission increase 
threshold, as well as a more stringent offset ratio for both 
precursors.
---------------------------------------------------------------------------

    \22\ The EPA approved Part 231 on December 27, 2016 (81 FR 
95049).
---------------------------------------------------------------------------

    NNSR requires the application of Lowest Achievable Emission Rate

[[Page 8239]]

(LAER) which is more stringent than RACT. Furthermore, New York 
certifies in its November 2017 submittal that the State also relies 
upon federal rules such as the National Emission Standards for 
Hazardous Air Pollutants (NESHAPs) regulated under CAA section 112. 
NESHAPs establish MACT which may be more stringent than RACT to control 
hazardous air pollutants.
    The EPA is proposing to approve New York's certification that NNSR 
applies state-wide for NOX and VOC emissions from stationary 
sources and fully meets the requirements of the CAA for the 2008 8-hour 
ozone NAAQS.

Vehicle Inspection and Maintenance (I/M)

    New York certifies that it has implemented an approved state-wide, 
enhanced motor vehicle I/M program under 6 NYCRR Part 217-6 and 15 
NYCRR Part 79 to limit ozone precursor emissions from motor 
vehicles.\23\ The current New York Vehicle Inspection Program (NYVIP2) 
requires an appropriate emissions inspection (e.g., onboard diagnostic 
(OBDII) or low enhanced inspection) for most vehicles annually and with 
changes of vehicle ownership. The emissions inspection is determined by 
vehicle motor year, gross vehicle weight rating (GVWR), fuel type, and 
registration class.
---------------------------------------------------------------------------

    \23\ The EPA approved NYCRR Part 217-6 and 15 NYCRR Part 79 on 
February 28, 2012 (77 FR 11742).
---------------------------------------------------------------------------

    Therefore, the EPA is proposing to approve New York's certification 
that the previously-approved SIP element for the State's enhanced 
vehicle I/M program remain adequate and fully meet the requirements of 
the CAA for moderate classification of the 2008 8-hour ozone NAAQS.

Emission Statements

    New York certifies that the emission statement requirement of CAA 
section 182(a)(3)(b) is fully addressed through 6 NYCRR Subpart 202-2 
\24\ that is applicable state-wide. Therefore, the EPA is proposing to 
approve New York's emission statement certification that the 
previously-approved SIP element fully meets the requirements of the CAA 
for moderate classification of the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \24\ The EPA approved 6 NYCRR Subpart 202-2 on October 31, 2007 
(72 FR 61530).
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Other New York Certifications

    New York certifies that NOX and VOC RACT requirements, 
which are discussed elsewhere in this proposal, are fully addressed. 
New York also certifies that the State's Emission Inventory 
requirements are fully addressed through the submission of the 2011 
baseline inventory. The EPA is not taking action on the Emissions 
Inventory certification at the current time but will do so in the 
future.

IV. What is the EPA's evaluation of New York's SIP submittal?

    New York submitted a RACT assessment and an attainment 
demonstration the 2008 ozone moderate nonattainment standard for the 
New York portion of NYMA and for New York State as part of the OTR.
    The EPA is proposing to approve New York's state-wide RACT 
submittal dated December 22, 2014, as supplemented on September 6, 2017 
and November 5, 2019, for purposes of satisfying the 2008 8-hour ozone 
standard RACT requirement, as it applies to CTG requirements for 
sources of VOC, including industrial cleaning solvents. The EPA is 
proposing to approve the revisions to 6 NYCRR Part 226, ``Solvent 
Cleaning Processes and Industrial Cleaning Solvents,'' with a State 
effective date of November 1, 2019.
    The EPA is proposing to approve New York's November 13, 2017 SIP 
submittal as it applies to non-CTG major sources of VOCs, all CTG 
sources of VOCs, other than the 2016 oil and natural gas CTG, and to 
major sources of NOX.
    The EPA is also proposing to approve New York's state-wide 
certifications applicable to the New York portion of NYMA moderate 
nonattainment area for: (1) Nonattainment new source review; (2) 
vehicle I/M program; and (3) emission statements.
    The EPA is soliciting public comments on the issues discussed in 
this proposal. These comments will be considered before the EPA takes 
final action. Interested parties may participate in the federal 
rulemaking procedure by submitting written comments as discussed in the 
ADDRESSES section of this rulemaking.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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 382, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempt 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 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 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, this proposed rulemaking action, pertaining to New 
York's 2008 8-hour ozone RACT submission, 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 any 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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


[[Page 8240]]


    Dated: January 28, 2020.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2020-02819 Filed 2-12-20; 8:45 am]
 BILLING CODE 6560-50-P