[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Proposed Rules]
[Pages 57429-57432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20243]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0321, FRL-10144-01-R2]


Approval and Promulgation of Implementation Plans; New York; 
Particulate Matter Control Strategy

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the New York State Implementation Plan (SIP) for 
the purposes of implementing control of air pollution by particulate 
matter (PM). The proposed SIP revisions consist of amendments to 
existing regulations outlined within New York's Codes, Rules, and 
Regulations (NYCRR) that implement control measures for sources

[[Page 57430]]

of PM. These actions are being taken in accordance with the 
requirements of the Clean Air Act.

DATES: Written comments must be received on or before October 20, 2022.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0321 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental 
Protection Agency, Region 2, Air Programs Branch, 290 Broadway, New 
York, New York 10007-1866, at (212) 637-3378, or by email at 
[email protected].

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

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 Subpart 227-1, ``Stationary 
Combustion Installations''?
    A. Background
    B. What are the new requirements of Subpart 227-1?
    C. What is the EPA's evaluation?
V. What other revisions did New York make?
VI. What is the EPA's conclusion?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    The EPA is proposing to approve revisions to the New York SIP 
submitted by the State of New York on March 26, 2021. This SIP revision 
includes revisions to an existing regulation, Title 6 of the New York 
Code of Rules and Regulations (NYCRR) Subpart 227-1, ``Stationary 
Combustion Installations,'' which establishes PM emission standards for 
existing and new stationary combustion installations. The attendant 
revisions to 6 NYCRR Part 200, ``General Provisions,'' section 200.9, 
``Referenced material,'' Table 1, for 6 NYCRR Subpart 227-1 has been 
addressed under a separate rulemaking at 87 FR 52337, effective 
September 26, 2022.
    These revisions include additional control strategies that will 
reduce PM emissions from major sources throughout the State. The EPA is 
proposing to approve New York's SIP submittals, which applies to major 
sources of PM, as a SIP-strengthening measure for New York's PM SIP.

II. What is the background for this proposed rulemaking?

Particulate Matter (PM) NAAQS Revisions

    On September 21, 2006, the EPA retained the primary and secondary 
24-hour PM10 standard of 150 micrograms per cubic meter of 
air ([micro]g/m\3\), as an average over a 24-hour period, not to be 
exceeded more than once per year on average over a 3-year period, that 
was initially promulgated on June 2, 1987. See 71 FR 61144 (October 17, 
2006); see also 52 FR 24634 (July 1, 1987).
    On October 17, 2006, the EPA strengthened the primary and secondary 
24-hour PM2.5 NAAQS to 35 [micro]g/m\3\. See 71 FR 61144. On 
November 13, 2009, the EPA promulgated designations for the revised 24-
hour PM2.5 standard set in 2006, designating the NY-NJ-CT 
area as ``nonattainment.'' See 74 FR 58688. On June 27, 2013, New York 
submitted a request to redesignate the New York portion of the NY-NJ-CT 
nonattainment area, NYMA, from ``nonattainment'' to ``attainment.'' As 
part of this request, New York also submitted a maintenance plan to 
ensure that New York's portion of the NYMA would continue attainment 
through 2025. On April 18, 2014, the EPA took final action to approve 
New York's SIP revision to redesignate the New York portion of the NYMA 
to ``attainment'' for the 2006 24-hour PM2.5 NAAQS. See 79 
FR 21857.
    On December 14, 2012, the EPA promulgated a revised primary NAAQS 
for PM2.5 for the annual standard, setting the level at 12 
micrograms per cubic meter ([micro]g/m\3\) calculated as an annual 
average, which is averaged over a three-year period. See 78 FR 3086.
    On January 15, 2015, the EPA finalized its attainment/nonattainment 
designations for areas across the country with respect to the revised 
primary PM2.5 NAAQS and on April 15, 2015, the designations 
became effective. See 80 FR 2206. The NYMA was designated by the EPA as 
an ``Unclassifiable/Attainment'' area for the revised primary 
PM2.5 NAAQS. See id.

III. What did New York submit?

    On March 26, 2021, the New York State Department of Environmental 
Conservation (NYSDEC or New York) submitted to the EPA proposed 
revisions to the SIP, which included State adopted revisions to Subpart 
227-1, ``Stationary Combustion Installations,'' with an effective date 
of February 25, 2021. In this submittal, New York also made attendant 
revisions to Part 200, Section 200.9, ``General Provisions, Referenced 
material.'' These revisions include additional control strategies that 
will reduce PM2.5 emissions statewide and provide support 
for New York State to maintain its attainment of the PM NAAQS.

IV. What is EPA's evaluation of Subpart 227-1, ``Stationary Combustion 
Installations''?

A. Background

    NYSDEC has repealed and replaced 6 NYCRR Subpart 227-1, 
``Stationary Combustion Installations,'' to impose more stringent PM 
emission limits for existing and new stationary combustion 
installations that either precede, or are not subject to, a federal New 
Source Performance Standard (NSPS) and/or National Emissions Standard 
for Hazardous Air Pollutants (NESHAP). The revisions to Subpart 227-1 
contain PM emission limits for oil and solid fuel fired stationary 
installations and establishes an opacity limit for all stationary 
combustion installations. New York has also revised Subpart 227-1 to 
correct minor typographical errors and to incorporate changes into the 
air permitting regulations that have occurred over the past 20 years. 
The purpose of this revision is to further reduce the emissions of the 
precursors of PM2.5, which will help New York State maintain 
its attainment of the PM NAAQS.

B. What are the new requirements of Subpart 227-1?

    The Subpart 227-1 revisions include the definitions applied to this 
Subpart, a change in the applicability and prohibitions regarding 
stationary combustion installations, a change in PM emission limits for 
new and existing stationary combustion installations, the establishment 
of an opacity limit for all stationary combustion installations, and 
revisions to compliance testing,

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monitoring, and recordkeeping provisions.
    Section 227-1.2 was revised to incorporate the applicability and 
prohibitions outlined in Subpart 227-1. The revised Subpart 227-1 will 
apply to stationary combustion installations except for those that are 
already subject to the NSPS under 40 CFR part 60 and/or NESHAP under 40 
CFR part 63. The PM standards outlined within the NSPS and NESHAP both 
meet and exceed the PM emission limits established within New York's 
revised Subpart 227-1. This revision is also modified to prohibit owner 
or operators to construct, install, modify, or cause to be constructed, 
installed, or modified, any hand-fed stationary combustion installation 
designed to fire bituminous coal.
    Section 227-1.3 was revised to incorporate PM emission limits for 
stationary combustion installations. The emission limits outlined 
within this subpart apply to stationary combustion installations with a 
maximum heat input capacity equal or exceeding: (1) one million BTU per 
hour firing any amount of solid fuel or (2) 50 million BTU per hour 
firing oil or oil in combination with other liquid or gaseous fuels. 
Upon promulgation of Subpart 227-1, owners or operators of existing 
stationary combustion installations that fire oil or oil in combination 
with other liquid or gaseous fuels shall not emit PM in excess of 0.10 
pounds per million BTU (lb/MMBTU) heat input. Within four years of the 
promulgation of Subpart 227-1, owners or operators of existing 
stationary combustion installations firing solid fuel shall not emit PM 
in excess of 0.10 lb/MMBTU heat input. NYSDEC has chosen the increased 
compliance period of four years for existing stationary combustion 
installations firing solid fuel, to accommodate owners or operators of 
the affected facilities by providing time to implement retrofits of 
controls equipment. Upon promulgation of Subpart 227-1, owners or 
operators of any new stationary combustion installation shall not be 
allowed to emit PM in excess of 0.10 lb/MMBTU heat input. Section 227-
1.3 is revised to require all stationary combustion installations 
subject to the requirements of Subpart 227-1 to perform an annual tune-
up. Section 227-1.3 is also revised to provide clarity of applicability 
for stationary combustion installations connected to a common air 
cleaning device and/or stack.
    Section 227-1.4 was revised to establish the opacity limits that 
owners or operator of new and existing stationary combustion 
installations must comply with. No owner or operator shall operate a 
stationary combustion installation that exhibits greater than 20% 
opacity (six-minute average), except for one six-minute period per hour 
of not more than 27% opacity. Section 227-1.4 was also revised to 
outline how compliance of the opacity limits for the units may be 
determined.
    Section 227-1.5 was revised to incorporate the compliance testing, 
monitoring, and recordkeeping provisions for stationary combustion 
installations applicable to Subpart 227-1. This revision requires 
owners or operators of new and existing solid fuel fired stationary 
combustion installations to follow a set of protocols to determine 
compliance with the applicable PM emission limit prescribed in section 
227-1.3. Section 227-1.5 was revised to require owner or operators to 
install, operate, and properly maintain accurate Continuous Opacity 
Monitoring System (COMS) for stationary combustion installations with a 
total maximum heat input capacity exceeding 250 million BTU per hour. 
The revision also allows for owners or operators to utilize an NYSDEC 
approved case-by-case method for continuously monitoring and recording 
opacity. Section 227-1.5 also requires owners or operators that operate 
COMS to submit excess emissions and monitoring system performance 
report to NYSDEC quarterly. Section 227-1.5 is revised to require 
owners or operators of stationary combustion installations firing oil, 
or oil in combination with other liquid or gaseous fuels, with a total 
maximum heat input capacity of at least 50 million BTU per hour, to 
keep vendor certified fuel receipts which contain the sulfur content of 
the oil being fired as required in 6 NYCRR Subpart 225-1. Section 227-
1.5 is also revised to detail the recordkeeping provisions that owners 
or operators, applicable to Subpart 227-1, must submit to the NYSDEC.

C. What is the EPA's evaluation?

    The EPA agrees with New York's evaluation that the revised PM 
limits outlined within the revised Subpart 227-1 will lead to an 
estimated reduction of 2-5 tons of actual PM emission per day. A 2-5 
tons per day of PM reductions could help New York State continue to 
maintain its attainment of the PM NAAQS. The implementation of more 
stringent PM emission limits will strengthen New York's PM SIP, and 
directly result in reductions of PM, PM2.5, and 
PM10 throughout the state.
    The EPA also reviewed New Jersey and Connecticut's PM emission 
limits for similar sources rated at similar heat input ratings and 
compared those limits with the limits adopted by NYSDEC in this rule. 
The EPA observed that New York's PM limits will be more stringent than 
Connecticut's for similar fuel-burning equipment.\1\
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    \1\ Section 22a-174-18 of Connecticut's PM emission standards 
for fuel-burning equipment provides particulate matter emission 
limits for fuel-burning sources in pounds per million BTU (lbs/
MMBTU). See https://eregulations.ct.gov/eRegsPortal/Browse/RCSA/Title_22aSubtitle_22a-174Section_22a-174-18/.
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    The EPA has reviewed New York's SIP submittal, which seeks to 
incorporate revisions to 6 NYCRR Subpart 227-1, ``Stationary Combustion 
Installations.'' After evaluating Subpart 227-1 for consistency with 
the Clean Air Act (CAA or the Act), EPA regulations, and EPA policy, 
the EPA proposes to find that the submission addresses the PM 
requirements found in CAA Section 175A, 42 U.S.C. Section 7505a, and 
proposes to approve this revision.

V. What other revisions did New York make?

    New York also made administrative changes to Part 200, ``General 
Provisions'' which reflect implementation of Subpart 227-1 provisions. 
Specifically, the revisions to Part 200 will add new references in 
section 200.9, ``Referenced material'', Table 1. The revisions to Table 
1 include all documents referenced in New York's amendments to Subpart 
227-1. The attendant revisions to 6 NYCRR section 200, ``General 
Provisions,'' section 200.9, ``Referenced material'', Table 1, for 6 
NYCRR Subpart 227-1 has been addressed under a separate rulemaking at 
87 FR 52337, effective September 26, 2022.

VI. What is the EPA's conclusion?

    The EPA evaluated New York's submittal for consistency with the 
Act, EPA regulations, and EPA policy. The EPA proposes that the 
revisions made to 6 NYCRR Subpart 227-1, ``Stationary Combustion 
Installations,'' with the State effective date of February 25, 2021, 
meet the SIP requirements of the Act. The attendant revisions to 6 
NYCRR section 200, ``General Provisions,'' section 200.9, ``Referenced 
material'', Table 1, for 6 NYCRR Subpart 227-1 has been addressed under 
a separate rulemaking at 87 FR 52337, effective September 26, 2022. 
These revisions meet the requirement of the Act and EPA's regulations 
and are consistent with EPA's guidance and policy. EPA is taking this 
action pursuant to section

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110 and part D of the Act and EPA's regulations.

VII. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference revisions to Title 6 of the NYCRR Subpart 227-1, ``Stationary 
Combustion Installations,'' as described in section III of this 
preamble. The EPA has made, and will continue to make, these materials 
available through the docket for this action, EPA-R02-OAR-2022-0321, at 
http://regulations.gov, and at the EPA Region II Office (please contact 
the person identified in the FOR FUTHER INFORMATION CONTACT section of 
this preamble for more information).

VIII. 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. See 42 U.S.C. 7410(k); see also 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided 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 3821, January 
21, 2011);
     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 this action does not involve technical standards; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not proposing to apply on any Indian 
reservation land or in any other area where the 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, Incorporation by Reference, 
Particulate matter, Reporting and recordkeeping requirements.

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

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-20243 Filed 9-19-22; 8:45 am]
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