[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Proposed Rules]
[Pages 3620-3624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00748]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0714; FRL 11587-01-R2]


Approval of Source-Specific Air Quality Implementation Plan; New 
York; Finch Paper LLC

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the State of New York's State Implementation Plan 
(SIP) for the ozone National Ambient Air Quality Standard (NAAQS) 
related to a Source-specific SIP (SSSIP) revision for Finch Paper LLC, 
located at 1 Glen Street, Glens Falls, New York (Facility). The control 
options in this SSSIP revision address nitrogen oxide (NOX) 
Reasonably Available Control Technology (RACT) for the Facility sources 
identified as four power boilers, a wood waste boiler, and four 
recovery boilers. The intended effect of this SSSIP revision is to 
approve NOX RACT for the Facility sources required for 
implementation of the 2008 and 2015 ozone NAAQS. This proposed action 
will not interfere with ozone NAAQS requirements and meets all 
applicable requirements of the Clean Air Act (CAA).

DATES: Comments must be received on or before March 19, 2024.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2022-0714, 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 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cannot be edited or withdrawn.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, 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: Linda Longo, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3565, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: For additional information on regulatory 
background and the EPA's technical findings relating to the Facility 
RACT, the reader can refer to the Technical Support Document (TSD) that 
is contained in the EPA docket assigned to this Federal Register 
document.

Table of Contents

I. Background
II. The EPA's evaluation of New York's SSSIP revision
III. Environmental Justice Considerations
IV. Proposed action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

Ground Level Ozone Formation

    Ground level ozone is predominantly a secondary air pollutant 
created by chemical reactions that occur when ozone precursors, 
including nitrogen oxides (NOX) and volatile organic 
compounds (VOCs), chemically react in the presence of sunlight.\1\ 
Emissions

[[Page 3621]]

from industrial facilities are some of the human-caused sources of 
ozone precursors. The potential for ground-level ozone formation tends 
to be highest during months with warmer temperatures and stagnant air 
masses. Ozone levels are thus generally higher during the summer 
months, which are often referred to as ``the ozone season''. In New 
York, the ozone season takes place between April 15 and October 15, 
while the non-ozone season takes place between October 16 and April 14.
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    \1\ Primary standards provide public health protection, 
including protecting the health of ``sensitive'' populations such as 
asthmatics, children, and the elderly. Secondary standards provide 
public welfare protection, including protection against decreased 
visibility and damage to animals, crops, vegetation, and buildings.
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Ozone Nonattainment

    Nonattainment for ground level ozone is defined as a geographic 
area of the United States that is not meeting the primary or secondary 
National Ambient Air Quality Standard (NAAQS) for ozone. Nonattainment 
areas are classified as either marginal, moderate, serious, severe, or 
extreme. Currently, the EPA has two ozone NAAQS in effect. First, on 
March 12, 2008, the EPA promulgated a revision to the ozone NAAQS, 
lowering both the primary and secondary standards to 75 parts per 
million (ppm) averaged over an 8-hour time frame (2008 8-hour Ozone 
Standard). See 73 FR 16436 (March 27, 2008). Second, on October 1, 
2015, the EPA lowered these standards once more to 70 ppm averaged over 
an 8-hour time frame (2015 8-hour Ozone Standard). See 80 FR 65292 
(October 26, 2015).
    The State of New York has two ozone nonattainment areas: (1) 
Jamestown, and (2) the New York Metro Area \2\ for the Bronx County, 
Kings County, Nassau County, New York County, Queens County, Richmond 
County, Rockland County, Suffolk County, Westchester County. The State 
of New York is also located within the Ozone Transport Region (OTR) 
that triggers statewide RACT requirements. Although the Facility is not 
located in one of the two nonattainment areas, because it is in the 
OTR, the Facility is subject to RACT requirements.
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    \2\ The New York Metro Area is part of the greater nonattainment 
area: New York-N. New Jersey-Long Island, NY-NJ-CT.
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Federal RACT Requirements

    RACT is defined as the lowest emission limit that a source is 
capable of meeting by the application of control technology that is 
reasonably available considering technological and economic 
feasibility. The CAA section 182, Plan Submissions and Requirements, 
requires states with ozone nonattainment areas to include in their 
statewide SIPs, among other things, provisions to require the 
implementation of RACT. The State of New York is located within the 
OTR, which triggers the statewide RACT requirements. The CAA section 
184(a) addresses RACT requirements for nonattainment areas located in 
the OTR and the CAA section 176A sets forth requirements to establish 
control measures for NOX RACT for major sources located in 
the OTR. The EPA has not generally prescribed RACT requirements. The 
EPA has provided that RACT for a particular source is determined on a 
case-by-case basis, considering the technological and economic 
circumstances of the individual source.

NYSDEC RACT Requirements

    The New York State Department of Environmental Conservation 
(NYSDEC) RACT regulations require applicable facilities to meet 
presumptive RACT requirements. The presumptive requirements may 
include, but are not limited to, emission limits, control efficiency 
requirements, specific control technologies, averaging plans, and fuel/
raw material switching. In some instances, the presumptive RACT 
requirements may not be achievable and a source-specific RACT 
determination can be granted by the state and submitted to the EPA as a 
SSSIP. The SSSIP will include the facility's RACT plan that 
demonstrates how RACT might be achievable. The SSSIP will also include 
CAA title V operating permit conditions for the RACT requirements. 
These permit conditions for the facility will become Federally 
enforceable upon EPA approval of the SSSIP.
    The RACT determination required under existing NYSDEC RACT 
regulations assess all technologically feasible control options that 
meet the state's cost threshold. The cost threshold for NYSDEC RACT 
requirements is found under the NYSDEC 2013 policy, ``DAR-20 Economic 
and Technical Analysis for Reasonably Available Control Technology 
(RACT).'' Under this policy, facilities must consider in their RACT 
determinations technologies that achieve a dollar amount per ton of 
NOX removed which includes an inflation-adjusted economic 
threshold.\3\
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    \3\ The DAR-20 cost threshold was $3000 in 1994 dollars. State 
of New York relies on the U.S. Department of Labor, Bureau of Labor 
Statistics inflationary calculator to adjust the RACT economic 
feasibility threshold over time for inflation. See https://www.bls.gov/data/inflation_calculator.htm.
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II. The EPA's Evaluation of New York's SSSIP Revision

    This action relates to a SSSIP revision that concerns a Facility 
that produces paper products. The paper manufacturing processes include 
pulp preparation, paper machines, acid recovery, bleaching operations, 
and wastewater facilities. The sources at issue in this action are the 
Facility's four power boilers, one wood-waste boiler, and four recovery 
boilers. NYSDEC RACT regulations establish presumptive RACT 
requirements for these sources in (1) 6 NYCRR part 227, ``Stationary 
Combustion Installations'', subpart 227-2, ``Reasonably Available 
Control Technology for Major Facilities of Oxides of Nitrogen'', last 
approved by the EPA on July 12, 2013. See 78 FR 41846 (July 12, 2013); 
and (2) 6 NYCRR part 212, ``Process Operations'', subpart 212-3, 
``Reasonably Available Control Technology for Major Facilities'', last 
approved by the EPA on October 1, 2021. See 87 FR 54375 (October 1, 
2021). However, the State regulations allow determination of source-
specific RACT if the presumptive RACT requirements are not achievable; 
such a determination must be submitted to the EPA as a SSSIP.
    This SSSIP was submitted by NYSDEC on May 24, 2022, and it replaces 
and withdraws the SSSIP that was submitted by the State on September 
16, 2008. As to this more recent SSSIP submittal, the EPA has reviewed 
the RACT determination for the four power boilers, one wood-waste 
boiler, and four recovery boilers for consistency with the CAA and the 
EPA regulations, as interpreted through EPA actions and guidance.
    The intended effect of this Source-specific SIP revision is to 
establish: (1) Source-specific emission limits and RACT control options 
for four large power boilers where the presumptive NOX limit 
is not technologically and economically feasible; (2) a case-by-case 
NOX emission limit for the wood waste boiler's biomass fuel; 
and (3) NOX emission limits for four recovery boilers that 
are not covered by other New York RACT regulations, and therefore must 
follow 6 NYCRR part 212 as a process operation.
    The EPA is proposing to determine through this SSSIP action that 
the NOX emission limits submitted by the State in this SSSIP 
for the Facility's boilers are the lowest emission limits with the 
application of control technology that are reasonably available given 
the technological and economic feasibility considerations. These 
NOX RACT emission limits are contained in the Facility's 
title V operating permit, 5-5205-00005/00059, under Condition 1-1, 
Condition 47, and Condition 60 respectively. This operating permit was 
issued by the State on December 20,

[[Page 3622]]

2021, modified on January 12, 2022, and expires on December 19, 2026. 
The Facility submitted a RACT re-evaluation for these emission limits 
and the NYSDEC reviewed and approved the emission limits as being RACT 
for the sources. NYSDEC then submitted the Source-specific SIP revision 
at issue in this action. The next step is this current source-specific 
SIP revision process that the EPA is proposing to approve to make the 
emission limits Federally enforceable.
    The following is a summary of the EPA's analysis of how the 
proposed NOX emission limits comprise RACT for the power 
boilers, wood waste boiler and the recovery boilers.
Power Boilers, Permit Condition 1-1, Emission Unit 3-00000
    The Facility's power boilers are subject to the presumptive limit 
of 0.15 pounds NOX per million Btu (lb/MMBtu) and 1-hour 
compliance averaging time found in NYSDEC RACT regulations under 6 
NYCRR subpart 227-2.4(b) because they are categorized as large boilers 
that burn gas/oil. The NYSDEC determined that the presumptive limit in 
6 NYCRR subpart 227-2.4(b) is not technologically and economically 
feasible for the power boilers. Therefore, the Facility is allowed 
under 6 NYCRR 227-2.4(b)(2) to request a case-by-case higher emission 
limit. Such a case-by-case higher limit can be approved if supported by 
a RACT analysis, and then must be submitted to EPA for review as a SIP 
revision. The Facility provided a RACT analysis dated February 2019 and 
a RACT re-analysis dated May 2021 that includes, among other control 
considerations, the use of fuel switching and the use of a system 
averaging plan which are required under 6 NYCCR subpart 227-2.5(c). The 
Facility's RACT analysis suggests a series of higher limits to meet 
RACT for the power boilers based on time of year (ozone and non-ozone 
season) and measured with a 30-day/24-hour compliance average, and not 
the presumptive 1-hour compliance average.
    NYSDEC reviewed the case-by-case analysis and determined that the 
submitted emission limits did comprise RACT for the power boilers. 
Specifically, NYSDEC approved the following source specific emission 
limits after determining they comprised RACT for this source: (1) 
Compliance measured using predictive emission monitoring system (PEMS) 
for 0.225 NOX lb/MMBtu during the April 15 through October 
15 ozone season with a 30-day average; (2) compliance measured using 
PEMS for 0.275 NOX lb/MMBtu during the October 16 through 
April 14 non-ozone season with a 30-day average; and (3) compliance 
measured using PEMS for 0.378 NOX lb/MMBtu during the 
October 16 through April 14 non-ozone season when recovery boilers are 
not burning liquor or the wood waste boiler is down with a 24-hour 
block average. The permit conditions for the three emission limits will 
be calculated daily based on boiler steaming rates and emission rate 
curves developed for each power boiler. These permit conditions allow 
the facility to determine compliance with the alternate NOX 
emission limits with averaging methods of 30-day, 24-hour block, that 
differ from those imposed by 6 NYCRR 227-2.6(b)(3)(i)(c) for 1-hour.
    EPA is proposing to also determine that these limits comprise RACT 
for this source because: (1) The analysis developed by the source and 
approved by the State demonstrate that the presumptive RACT limits 
cannot be met; (2) the RACT analysis showed that no control technology 
beyond what is currently used at the power boilers is technically and 
economically feasible; (3) The power boilers do not operate at all 
times because they are swing boilers that operate only when the 
supporting boiler networks (wood waste and recovery) are operating 
close to load capacity or when the boiler networks not in operation; 
the power boilers are used to maintain steam rates for the paper 
operations; (4) compliance will be determined using PEMS which has been 
determined to be the equivalent to continuous emission monitoring 
system (CEMS) for this source; (5) compliance will be based on a daily 
calculation of the boiler steaming rates and emission rate curves 
developed for each boiler averaged monthly; while the 30-day average is 
a deviation from the presumptive 1-hour average, this is supported to 
be RACT for this source as demonstrated in the case-by-case 
justification. Further details explaining how EPA made these 
determinations is provided in the TSD available in the docket for this 
rulemaking.

Swing Function

    The 4 power boilers (boiler Nos. 2, 3, 4, and 5) produce steam 
during cold weather (non-ozone season) and have a non-ozone season load 
limit with 0.375 lb/mmBtu NOX that does not apply during the 
ozone season. In addition, the swing function of the power boilers 
picks up the steam load when the wood waste boilers and the recovery 
boilers operate close to their load capacity or when these boilers are 
down for maintenance.\4\ The result is that the power boilers operate 
below their load capacity during the ozone season because the demand 
for steam to heat the paper process is low due to the warmer 
temperatures in the summer months. The swing function helps maintain 
the NOX emission limits by preventing power boilers from 
reaching high loads.
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    \4\ Refer to Technical Support Document (TSD) for description of 
periods of required shutdown of Finch Paper boilers. See TSD section 
VI.a, ``Scheduled shutdowns for boilers: 4 power, 1 wood waste, 4 
recovery.''
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30-Day Averaging Time

    The 30-day average is a deviation from the presumptive 1-hour 
averaging time under subpart 227-2.4(b). Because of the ``swing'' 
function of the power boilers, the 1-hour averaging is not economically 
or technologically feasible. As explained in the prior section and in 
the TSD available in the docket for this rulemaking, based on the case-
by-case RACT analysis provided by the source, NYSDEC has determined, 
and EPA is herein proposing to approve, the use of PEMS instead of CEMS 
for the boilers. A PEMS calculates NOX on a daily basis 
based on boiler steam rates and emission steam rate curves developed 
for each boiler. Because the Facility demonstrated through a RACT 
analysis that the prescribed 1-hour averaging time is not RACT for the 
power boilers because they operate in a swing capacity, the NYSDEC 
added a permit condition that allows the Facility to determine 
compliance using PEMS based on averaging rates that differ from the 
regulation's presumptive 1-hour method. The NYSDEC published an 
Environmental Notice Bulletin on March 30, 2022, for this action that 
provided the public an opportunity to comment and no public comments 
were received.

Summary of RACT Controls

    The power boilers No. 2 and No. 3 have been retrofitted with Low 
NOX Burner (LNB) control technology. Power boilers No. 4 and 
No. 5 currently have been upgraded to second generation LNB. While the 
Facility has considered the application of a third generation LNB for 
power boiler No. 4 and No 5, the third generation LNB would not provide 
consistent or acceptable NOX reductions without major 
retrofits to other mechanical aspects of the boiler system.\5\ The 
geometry and configuration of the power boilers would likely preclude 
any contractor from providing a warrantable guarantee

[[Page 3623]]

that the power boiler retrofit to third generation LNB would provide 
satisfactory NOX reduction.
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    \5\ A third generation LNB has more technology than a second 
generation LNB.
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    In order to determine what NOX control technologies 
could potentially be considered as economically and technologically 
achievable for the power boilers, the EPA reviewed the Reasonably 
Available Control Technology/Best Available Control Technology/Lowest 
Achievable Emission Rate Clearinghouse (RBLC).\6\ The EPA's review of 
the RBLC reveals that two similar U.S. facilities, one each in Arizona 
and Pennsylvania, have NOX controls that the Facility at 
issue in this action either already implemented (i.e., pollution 
prevention: decommission boiler, fuel switch) or are not achievable 
based on the Facility boiler configurations (i.e., retrofit 
limitations, vertical profile limitations). The EPA confirms that there 
can be a wide range in performance and emission levels due to 
differences in boiler design, capacity, and burner type. Furthermore, 
the EPA confirms that the Facility's current boiler room and outside 
roof configuration would not sustain additional boiler equipment such 
that would be required for add on technology (e.g., high temperature 
fans and ductwork) without major retrofits that have been demonstrated 
in the RACT analysis to be over the regulatory cost threshold. For 
details on cost analysis, refer to the TSD available in the docket for 
this rulemaking.
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    \6\ The RBLC contains case-specific information on the best 
available air pollution technologies that have been required to 
reduce the emission of air pollutants from stationary sources. See 
https://cfpub.epa.gov/rblc/index.cfm?action=Search.BasicSearch⟨=en.
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Wood Waste Boiler, Condition 47, Emission Unit 3-10000
    The Facility operates one wood waste boiler, identified as boiler 
No. 9, that primarily combusts wood waste and can fire natural gas. The 
wood waste boiler is subject to 6 NYCRR subpart 227-2.4(b)(2). Wood is 
not one of the approved fuel types under 6 NYCRR subpart 227-
2.4(b)(1)(ii) (i.e., gas, gas/oil, pulverized coal, or coal), so a 
case-by-case RACT emission limit is needed for this source. In 
addition, subpart 227-2.6(a) requires the operator to verify 
NOX emissions by performing applicable testing (i.e., test 
method 7E) to ensure the boiler continues to meet the appropriate 
emission limit. Here, stack testing from 2020 established an emission 
limit of 0.28 lbs of NOX emissions per MMBtu.
    NYSDEC determined that the following emission limits comprise RACT 
for the wood waste boiler: 0.28 lbs of NOX emissions per 
MMBtu that emit through a separate stack. Emission testing to 
demonstrate compliance will be performed pursuant to the requirements 
under the boiler Maximum Achievable Control Technology (MACT) testing 
occurs (every 3 years). The last MACT test was conducted by the 
Facility in 2020. For this specific emission unit, MACT is more 
stringent regarding emission control than RACT. Emission testing will 
use test Method 7E for large boilers, Nitrogen Oxide Instrumental 
Analyzer. Reporting requirement is twice a year. The wood waste boiler 
No. 9 emits through a separate stack on the east side of the Facility's 
power house building.
    EPA believes that the proposed limit for the wood waste boiler 
comprises RACT because the re-evaluated RACT analysis demonstrated that 
no new control technologies have become available that would be 
economically and technologically achievable for this boiler. Further 
detail on this analysis is available in the TSD available in the docket 
for this rulemaking.
Recovery Boilers, Condition 60, Emission Unit 3-20000
    The Facility operates four recovery boilers (boiler IO, and Nos. 6, 
7, 8) that have a primary purpose to burn spent sulfite cooking liquor 
from the paper pulping process to recover sulfur dioxide and reuse it 
to make more cooking liquor. The recovery boilers are subject to 
Federally approved RACT regulations under 6 NYCRR part 212 because they 
are a process source unlike the Facility's power boilers or wood waste 
boiler which are combustion sources subject to part 227-2.
    NYSDEC determined that the following emission limits comprise RACT 
for the four recovery boilers: 464 parts per million (corrected to 7% 
oxygen) that emit through a single common stack. The emission limit is 
calculated on a monthly block average. NOX and oxygen are 
monitored continuously with CEMS to calculate a NOX emission 
rate. The recovery boilers currently have technically feasible control 
strategies to minimize NOX formation which include daily 
monitoring for opacity, a system wide NOX limit, and a CEMS. 
In addition, the recovery boilers currently have emission control 
equipment alternatives, absorbers, and mist eliminators.
    EPA believes that the proposed limit for the recovery boilers 
comprises RACT because the re-evaluated RACT analysis demonstrated that 
costs for adding additional controls are beyond what is considered 
economically feasible for purposes of RACT. Further detail on this 
analysis is available in the TSD available in the docket for this 
rulemaking.

III. Environmental Justice Considerations

    The CAA and applicable implementing regulations neither prohibit 
nor require an environmental justice evaluation and so the State of New 
York did not evaluate environmental justice considerations as part of 
its SSSIP submittal. The EPA performed an environmental justice 
analysis for the purpose of transparency about this rulemaking to the 
public and the analysis is not provided for the basis of this action. 
The EPA created a Community Report (Report) using its EJ Screen, 
Version 2.2. The Report is contained in the EPA docket assigned to this 
Federal Register document.
    The Report represents a 1-mile ring centered at the Facility. All 
thirteen EJ Screen environmental indexes were considered for the 
Report: (1) Particulate matter; (2) ozone; (3) diesel particulate 
matter; (4) air toxics cancer risks; (5) air toxics respiratory health 
index; (6) toxics releases to air; (7) traffic proximity; (8) lead 
paint; (9) superfund proximity; (10) risk management plan (RMP) 
facility proximity; (11) hazardous waste proximity; (12) underground 
storage tanks; and (13) wastewater discharge. Both the EJ Indexes and 
the Supplemental Indexes were verified using the thirteen environmental 
indexes. The difference between the EJ and Supplemental indexes is that 
the EJ Indexes combine data on low income and people of color 
populations and the Supplemental Indexes combine data on percent low-
income, percent linguistically isolated, percent less than high school 
education, percent unemployed, and low life expectancy. We analyze both 
EJ Indexes and Supplemental Indexes because they offer different 
perspectives on community level vulnerability based on different 
factors. We also consider all environmental indexes since the effects 
of different forms of pollution might accumulate upon each other. The 
EPA uses the National percentile for the Report results and not the 
State percentile since this SSSIP action is a Federal action. The EPA 
brings to your attention any environmental index result that is 80 
percentile or greater because environmental indexes at this level are 
relatively high compared to the United States population. The 
``percentile'' is what EJ Screen uses to compare the area of study to 
national figures.
    The Report results in no National EJ Indexes above 80th percentile. 
The

[[Page 3624]]

Report indicates the following National Supplemental Indexes above 80th 
percentile: Superfund proximity is at the 83rd percentile; and RMP 
facility proximity is at the 81st percentile. To understand the indexes 
that are over the 80th percentile, refer to docket assigned to this 
Federal Register document.

IV. Proposed Action

    The EPA is proposing that the current Source-specific SIP revision 
is approvable because the limits included in the SSSIP are demonstrated 
to be RACT for the power boilers, wood waste boiler and the recovery 
boilers. Based on a thorough RBLC review of similar sources, 
consultation with NYSDEC and an analysis of this Source-specific SIP 
revision, the EPA proposes to approve Finch Paper LLC's operation under 
the NYSDEC approved NOX emission limits for emission unit 3-
00000 power boilers, emission unit 3-10000 wood waste boiler, and 
emission unit 3-20000 recovery boilers.
    Specifically, the EPA proposes to approve the following: (1) 
Emission unit 3-00000, four power boilers, at 0.225 NOX lb/
MMBtu during ozone season (April 15 through October 15) and at 0.275 
NOX lb/MMBtu during non-ozone season (October 16 through 
April 14) and at 0.378 NOX lb/MMBtu when recovery boilers 
are not burning liquor or when the wood waste boiler is down during 
non-ozone season; (2) emission unit 3-10000, No. 9 wood waste boiler, 
at 0.28 NOX lb/MMBtu; and (3) emission unit 3-20000, 
recovery boilers, at 464 parts per million (corrected to 7% oxygen) 
system wide.

V. 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 Finch Paper LLC title V operating permit 
conditions 1-1, 47, and 60 as described in section II. 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).

VI. 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 approves 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 Orders 
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.
    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 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).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The New York State Department of Environmental Conservation did not 
evaluate environmental justice considerations as part of its SSSIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. The EPA performed an 
environmental justice analysis, as is described above in the section 
titled, ``Environmental Justice Considerations.'' The analysis was done 
for the purpose of providing additional context and information about 
this rulemaking to the public, not as a basis of the action. In 
addition, there is no information in the record upon which this 
decision is based inconsistent with the stated goal of E.O. 12898 of 
achieving environmental justice for people of color, low-income 
populations, and Indigenous peoples.

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Reporting and recordkeeping requirements.

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

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024-00748 Filed 1-18-24; 8:45 am]
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