[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Rules and Regulations]
[Pages 42810-42812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09890]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0714; FRL 11587-02-R2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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. 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. This 
action is being taken in accordance with the requirements of the Clean 
Air Act (CAA) for implementation of the 2008 and 2015 ozone NAAQS. The 
EPA proposed to approve this rule on January 19, 2024, and received 
three comments all of which were in favor of the rulemaking.

DATES: This final rule is effective on June 17, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2022-0714. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., Controlled 
Unclassified Information (CUI) (formally referred to as 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.

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. What is the background for this action?
II. Environmental Justice
III. What comments were received in response to the EPA's proposed 
action?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is the background for this action?

    A SSSIP revision was submitted to the EPA by the State of New York 
on May 24, 2022, for Finch Paper LLC, located at 1 Glen Street, Glens 
Falls, New York (the Facility), and it replaces and withdraws the SSSIP 
that was submitted by the State on September 16, 2008. On January 19, 
2024, the EPA published a notice of proposed rulemaking that proposed 
to approve a SSSIP revision to addresses NOX RACT emission 
limits for the Facility's nine boilers. See 89 FR 3620. Specifically, 
the notice of proposed rulemaking addressed the following: (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 determining through this final action that the 
NOX RACT emission limits included in the May 24, 2022, SSSIP 
revision are demonstrated to be RACT for the power boilers, wood waste 
boiler and the recovery boilers. The boilers have the lowest emission 
limits with the application of control technology that are reasonably 
available given the technological and economic feasibility 
considerations. Furthermore, the NOX RACT emission limits 
for the boilers comply with the New York State regulations, 6 NYCRR 
part 227, ``Stationary Combustion Installations,'' subpart 227-2, 
``Reasonably Available Control Technology for Major Facilities of 
Oxides of Nitrogen,'' and 6 NYCRR part 212, ``Process Operations,'' 
subpart 212-3, ``Reasonably Available Control Technology for Major 
Facilities'', and are contained in the Facility's title V operating 
permit, 5-5205-00005/00059. The permit was issued by the State on 
December 20, 2021, modified on January

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12, 2022, and expires on December 19, 2026.
    The specific details for how the NOX emission limits 
comprise RACT for the power boilers, wood waste boiler and the recovery 
boilers, and the rationale for the EPA's approval action, are explained 
in the EPA's notice of proposed rulemaking and are not restated in this 
final action. For this detailed information, the reader is referred to 
the EPA's notice of proposed rulemaking. 89 FR 3620 (January 19, 2024).

II. 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, representing a 1-mile ring centered at the Facility. We 
analyze both EJ Indexes and Supplemental Indexes because they offer 
different perspectives on community level vulnerability based on 
different factors. We also use the National percentile for the Report 
results and not the State percentile since this SSSIP action is a 
Federal action. Lastly, the EPA focused on 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 Report shows the Facility ranked greater than 80th 
percentile for National Supplemental Indexes, as follows: 83rd 
percentile for Superfund proximity; and 81st percentile for being 
located near a facility regulated under the Risk Management Program 
(extremely hazardous substances). The Report, EJ Screen Community 
Report Aug 10 2023--Finch Paper, is contained in the EPA docket 
assigned to this Federal Register document.

III. What comments were received in response to the EPA's proposed 
action?

    The EPA received three public comments during the 60-day public 
comment period of the EPA's proposed approval of New York's SIP 
revision. All commenters are in support of the action. The specific 
comments may be viewed under Docket ID Number EPA-R02-OAR-2022-0714 on 
the https://www.regulations.gov website.
    Regarding one commenter, the EPA appreciates the commenter's 
support of the proposed action. Regarding the commenter's point about 
the EJ Index, the EPA notes that EJ Screen has two indexes, the EJ 
Index and the Supplemental Index. Although it is correct to say that 
Finch Paper shows no EJ Index above 80th percentile, the EPA notes that 
Finch Paper shows above 80th percentile for Supplemental Indexes. The 
Supplemental Index includes data on low-income, linguistically 
isolated, high school education, unemployment, and low life expectancy. 
Please refer to the EJ Screen Report that is contained in the EPA 
docket assigned to this Federal Register document. Also, the Facility 
is regulated because of the RACT regulations, not because of EJ 
concerns. Lastly, this action addresses NOX RACT variance 
for the boilers--the SSSIP revision does not involve rerouting the 
smoke of boilers into separate smoke stacks.
    Regarding another commenter, the EPA appreciates the commenter's 
support of the proposed action, and notes that the cap-and-trade 
program is beyond the scope of this action.

IV. What action is the EPA taking?

    The EPA is approving the NOX emission limits, for 
purposes of satisfying RACT, as contained in the Facility's title V 
operating permit, 5-5205-00005/00059, as follows: (1) Condition 1-1, 
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) condition 47, emission unit 3-10000, No. 9 wood 
waste boiler, at 0.28 NOX lb/MMBtu; and (3) condition 60, 
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 finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Finch Paper LLC NOX emission limits described in the 
amendments to 40 CFR part 52 as discussed in section I. of this 
preamble. These documents are available in the docket of this 
rulemaking through www.regulations.gov. Therefore, these materials have 
been approved by the EPA for inclusion in the State Implementation 
Plan, have been incorporated by reference by the EPA into that plan, 
are fully federally enforceable under sections 110 and 113 of the CAA 
as of the effective date of the final rulemaking of the EPA's approval, 
and will be incorporated by reference in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
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 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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 Clean Air Act.
    In addition, the SIP is not approved to apply on any Indian 
reservation land

[[Page 42812]]

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. 
The 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.'' The 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.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 15, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements.

Lisa Garcia,
Regional Administrator, Region 2.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart HH--New York

0
2. Amend Sec.  52.1670(d) by adding an entry for ``Finch Paper LLC'' at 
the end of the table to read as follows:


Sec.  52.1670  Identification of plan.

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    (d) * * *

                                EPA-Approved New York Source-Specific Provisions
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                                                          State effective    EPA approval
          Name of source               Identifier No.           date             date             Comments
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                                                  * * * * * * *
Finch Paper LLC...................  5-5205-00005/00059         1/12/2022        5/16/2024   RACT emission limits
                                     Mod 1.                                                  for condition 1-1,
                                                                                             condition 47, and
                                                                                             condition 60.
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[FR Doc. 2024-09890 Filed 5-15-24; 8:45 am]
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