[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Proposed Rules]
[Pages 64428-64429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22400]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2021-0361, FRL-10180-01-R2]


Approval of Air Quality Implementation Plans; New York; Fuel 
Composition and Use

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) 
concerning the control and reduction of sulfur and particulate matter 
emissions from facilities in New York State. The proposed SIP revision 
consists of amendments to regulations outlined within New York's Codes, 
Rules and Regulations (NYCRR) for sulfur in fuel limits. The intended 
effect of this revision is to approve control strategies, required by 
the Clean Air Act, which will result in emission reductions that will 
help attain and maintain National Ambient Air Quality Standards (NAAQS) 
for fine particulate matter and sulfur dioxide emissions throughout New 
York State. Additionally, the proposed revisions will establish 
applicability criteria, composition limits and permitting requirements 
for waste oils; establish monitoring, recordkeeping and reporting 
requirements for facilities that are determined eligible to burn waste 
oil; and allow for the burning of waste oils in space heaters at 
automotive maintenance/service facilities.

DATES: Written comments must be received on or before November 25, 
2022.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2021-0361, at https://www.regulations.gov. 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 electronically through https://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comments cannot be edited or withdrawn.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, such as the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nicholas Ferreira, Environmental 
Protection Agency, Air Programs Branch, Region 2, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3127, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. The EPA's Evaluation of New York's Submittal
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    The EPA is proposing to approve New York's SIP submittal consisting 
of revisions to Title 6 of the New York Codes, Rules and Regulations (6 
NYCRR) subpart 225-1, ``Fuel Composition and Use--Sulfur Limitations,'' 
which imposes limits on the sulfur content of distillate oil, residual 
oil, and coal fired in stationary sources and regulates the burning of 
waste oils in combustion, incineration, and process sources throughout 
New York State. In addition, the EPA is proposing to approve revisions 
to 6 NYCRR subpart 225-2, ``Fuel Composition and Use,'' and an 
attendant revision made to 6 NYCRR part 200, ``General Provisions,'' 
that moves the definition for ``residual oil'' from subpart 225-2, now 
entitled, ``Fuel Consumption and Use--Waste Oil as a Fuel,'' to part 
200. The EPA is proposing to approve these revisions, requested by New 
York, to strengthen the effectiveness of New York's SIP.

II. The EPA's Evaluation of New York's Submittal

    On August 26, 2020, the New York State Department of Environmental 
Conservation (NYSDEC) submitted to the EPA proposed SIP revisions to 6 
NYCRR part 225, ``Fuel Composition and Use,'' subpart 225-2, now 
entitled, ``Fuel Composition and Use--Waste Oil as a Fuel,'' and 
attendant revisions to part 200, ``General Provisions,'' sections 
200.1, ``Definitions,'' and section 200.9, ``Referenced material''. The 
attendant revisions to 6 NYCRR part 200, ``General Provisions,'' 
section 200.9, Table 1, ``Referenced material,'' for 6 NYCRR subpart 
225-2 have been addressed under a separate rulemaking at 87 FR 52337, 
effective September 26, 2022. Additionally, on March 2, 2021, NYSDEC 
submitted to the EPA proposed SIP revisions to 6 NYCRR part 225, ``Fuel 
Composition and Use,'' subpart 225-1, ``Fuel Composition and Use--
Sulfur Limitations''. Each proposed SIP revision submitted to the EPA 
provided supplemental materials and the NYSDEC's responses to public 
comments. These materials are in the EPA's docket for this proposal.

Revisions to Parts 225 and 200

    The EPA is proposing to approve revisions to parts 225 and 200. The 
revisions to part 225 apply to fuel composition and use, and limits the 
sulfur content of distillate oil, residual oil, and coal fired in 
stationary sources and regulates the burning of waste oils in 
combustion, incineration, and process sources throughout New York. The 
EPA proposes to approve these revisions to strengthen New York's 
SIP.\1\
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    \1\ The NYSDEC revised subpart 225-1 to impose limits on the 
sulfur content of distillate oil, residual oil, and coal fired in 
stationary source and revised subpart 225-2 which establishes 
applicability criteria, composition limits, and permitting 
requirements for waste oils; establishes monitoring, recordkeeping, 
and reporting requirements for facilities that are determined 
eligible to burn waste oil; and allows for the burning of waste oils 
in space heaters at automotive maintenance/service facilities. 
Subpart 225-2 has also been renamed ``Fuel Composition and Use--
Waste Oil as Fuel''.
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    The revisions to subpart 225-1, ``Fuel Composition and Use--Sulfur 
Limitations,'' will add process sources and incinerators as stationary 
emission sources to which these revisions will apply throughout New 
York State. The revisions also lower the sulfur-in-fuel limit for waste 
oil and correct minor typographical errors. The revisions remove 6 
NYCRR subdivision 225-1.3(e) which had stated that, pursuant to Section 
117 of Article 5 of the Energy Law, the Governor may pre-empt the 
requirements of 6 NYCRR subpart 225-1 if an energy or fuel supply 
emergency

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is declared. Finally, the revisions will remove paragraph 225-1.4(c)(2) 
which New York indicated, in the January 20, 2021 Notice of Adoption, 
was contradictory and less stringent than the sulfur-in-fuel 
requirements of the table in subdivision 225-1.2(b) of this subpart.
    The revisions to subpart 225-2 that the EPA is proposing to 
approve, ``Fuel Composition and Use--Waste Oil As A Fuel,'' simplify 
and streamline implementation of the regulation by eliminating obsolete 
regulatory references; correcting typographical errors; updating the 
regulation's waste oil constituent limits; removing outdated work 
practices; expanding the number of facilities eligible to burn waste 
oil; updating the permitting process to include monitoring, 
recordkeeping, and reporting requirements, thus aligning it with part 
201 and Title V criteria found in the Clean Air Act; and moving the 
definition of ``residual oil'' from existing subpart 225-2 to part 200. 
The existing SIP version of subpart 225-2 also contains references to 
liquid waste transportation regulations that no longer apply and need 
to be removed from the SIP. NYSDEC also now includes arsenic (5 ppm), 
cadmium (2 ppm), and chromium (10 ppm) and their corresponding limits 
in Table 1 of Proposed Subpart 225-2. The NYSDEC has removed the 
ninety-nine (99) percent combustion efficiency requirement. The revised 
subpart 225-2 no longer addresses the burning of chemical waste and 
``off-spec'' waste oils (i.e., Waste fuel B) that do not meet the 
limitations specified in Table 1 of existing subpart 225-2. Instead, 
burning chemical waste and off-spec waste oils is regulated under 6 
NYCRR part 212, Process Operations or 6 NYCRR parts 370-376 as 
appropriate. New York State's subpart 225-2 revisions clarify the 
regulation's process for the burning of waste oil while removing the 
term ``waste fuel.''

III. Proposed Action

    The EPA proposes to approve the revisions to 6 NYCRR subpart 225-2, 
``Fuel Composition and Use,'' attendant revisions to part 200, 
``General Provisions,'' section 200.1, ``Definitions,'' and revisions 
to 6 NYCRR part 225, ``Fuel Consumption and Use,'' subpart 225-1, 
``Fuel Composition and Use--Sulfur Limitations'', with State effective 
dates of April 2, 2020 (subpart 225-2 and section 200.1) and February 
4, 2021 (part 225-1), into New York's SIP, in order to strengthen 
enforcement of the State's air pollution control regulations. The 
attendant revisions to 6 NYCRR part 200, ``General Provisions,'' 
section 200.9, Table 1, ``Referenced material,'' for 6 NYCRR subpart 
225-2 have been addressed under a separate rulemaking at 87 FR 52337, 
effective September 26, 2022. The EPA is soliciting public comments on 
the issues discussed in this proposed rulemaking action. These comments 
will be considered before taking final action.

IV. 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 6 NYCRR part 225, ``Fuel Composition and Use,'' 
subpart 225-2, ``Fuel Composition and Use,'' attendant revisions to 
part 200, ``General Provisions,'' section 200.1, ``Definitions,'' and 6 
NYCRR part 225, ``Fuel Composition and Use,'' subpart 225-1, ``Fuel 
Composition and Use--Sulfur Limitations,'' as described in Section II. 
and III. of this preamble. 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).

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, the 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 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 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, 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 proposed rule does not have tribal implications and 
it will not impose 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 40 CFR Part 52

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

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

Lisa Garcia,
Regional Administrator, Region 2.
 [FR Doc. 2022-22400 Filed 10-24-22; 8:45 am]
 BILLING CODE 6560-50-P