[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Proposed Rules]
[Pages 45616-45621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11338]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2023-0237; FRL 11904-01-R2]
Approval of Source-Specific Air Quality Implementation Plan; New
York; Sylvamo Ticonderoga Mill
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 the Sylvamo
Ticonderoga Mill (formerly known as International Paper), located at
568 Shore Airport Rd., Ticonderoga, New York (the Facility). The EPA is
proposing to find that the control options in this SSSIP revision
implement Reasonably Available Control Technology (RACT) with respect
to nitrogen oxide (NOX) emissions from the relevant Facility
sources, which are identified as one power boiler, one lime kiln, and
one recovery furnace. This SSSIP revision is intended to implement
NOX RACT for the relevant Facility sources in accordance
with the requirements 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 June 24, 2024.
ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2023-0237, 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comments cannot be edited or withdrawn.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
[[Page 45617]]
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: Stephanie Lin, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, 212-637-3711, 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 Submission
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 from industrial facilities are anthropogenic 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
is often referred to as ``the ozone season.'' In New York, the ozone
season is generally considered to be between April 15 and October 15,
while the non-ozone season is generally considered to be 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
A geographic area of the United States that is not meeting the
primary or secondary National Ambient Air Quality Standard (NAAQS) for
ozone is described as a nonattainment area. Nonattainment areas are
classified as either Marginal, Moderate, Serious, Severe, or Extreme.
With respect to this proposed action, there are two relevant ozone
NAAQS standards. First, on March 12, 2008, the EPA promulgated a
revision to the ozone NAAQS, setting both the primary and secondary
standards at 0.075 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 to 0.070
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\ consisting of the Bronx
County, Kings County, Nassau County, New York County, Queens County,
Richmond County, Rockland County, Suffolk County, Westchester County.
Under CAA section 184, the State of New York is located within the
Ozone Transport Region (OTR), which means that it is subject to
statewide RACT requirements. This Facility is not located in an ozone
nonattainment area, but it is still required to implement RACT because
it is located within the OTR.
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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 through 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. CAA section 176A sets forth the requirement to
establish control measures to implement RACT for major sources of
NOX located in the OTR. The State of New York is located
within the OTR, and thus the State is required to implement RACT for
all major sources of NOX within the State. 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 certain
requirements, referred to as ``presumptive RACT requirements.'' These
presumptive requirements generally require sources to implement
emission limits, control efficiency requirements, specific control
technologies, averaging plans, and/or fuel/raw material switching
practices. In some instances, the presumptive RACT requirements may not
be technologically or economically feasible for a certain source, and
the State can make a Source-specific RACT determination, which is
submitted to the EPA as a SSSIP. The SSSIP should include the
facility's RACT plan that demonstrates how the facility will implement
RACT. The SSSIP will also include the applicable CAA title V operating
permit conditions that address RACT requirements. These permit
conditions for the Facility will become federally enforceable upon EPA
approval of the SSSIP.
Under existing NYSDEC RACT regulations, facilities are required to
assess all technologically feasible control options that meet the
State's cost threshold. The cost threshold for NYSDEC RACT requirements
is found under 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
control technologies that remove NOX emissions up to a
certain cost threshold, expressed in 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 is based on 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 Revision
This action relates to a SSSIP revision that concerns the Facility
which is a fully integrated pulp and paper manufacturer of printing
papers. The Facility processes hardwood and softwood logs and chips
using the kraft
[[Page 45618]]
pulping process and produces approximately 900 tons per day of uncoated
free sheet paper for commercial printing. Converted kraft pulp is
washed, bleached, and prepared for finishing by two paper machines. The
sources at issue in this action are the Facility's one power boiler,
one lime kiln, and one recovery furnace. 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, as explained above, the
State regulations allow Source-specific RACT determinations if the
presumptive RACT requirements are not technologically or economically
feasible; such Source-specific determinations must be submitted to the
EPA as a SSSIP.
This SSSIP was submitted by NYSDEC on November 23, 2022, and it
replaces and supersedes the SSSIPs that were submitted by the State on
September 16, 2008, and August 30, 2010. In this SSSIP submittal, the
EPA has reviewed the RACT determination for the one power boiler, one
lime kiln, and one recovery furnace 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) A case-by-case emission limit and RACT control options
for the power boiler due to its unique fuel mix; (2) an emission limit
for the lime kiln that is not covered by other New York Source-specific
RACT regulations, and therefore must follow 6 NYCRR part 212 as a
process operation; \4\ and (3) an emission limit for the recovery
furnace that is not covered by other Source-specific New York RACT
regulations, and therefore must follow 6 NYCRR part 212 as a process
operation.
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\4\ Under 6 NYCRR part 212, Definitions (18), `Process
operation.' Any industrial, institutional, commercial, agricultural
or other activity, operation, manufacture or treatment in which
chemical, biological and/or physical properties of the material or
materials are changed, or in which the material(s) is conveyed or
stored without changing the material(s) if the conveyance or storage
system is equipped with a vent(s) and is non-mobile, and that emits
air contaminants to the outdoor atmosphere. A process operation does
not include an open fire, operation of a combustion installation, or
incineration of refuse other than by-products or wastes from a
process operation(s).
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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 power boiler, lime kiln, and recovery furnace are
the lowest emission limits with the application of control technology
that are reasonably available given technological and economic
feasibility considerations. These respective NOX RACT
emission limits are contained in the Facility's title V operating
permit, 5-1548-00008/00081, under Condition 52, Condition 78, and
Condition 85. This operating permit was issued by the State on March
19, 2022, and expires on March 18, 2027. The Facility submitted a RACT
analysis for these emission limits and NYSDEC reviewed and approved the
emission limits as adequately implementing RACT for the sources. NYSDEC
then submitted the Source-specific SIP revision package at issue in
this action for EPA approval, and the EPA is proposing to approve the
respective emission limits as implementing RACT for these sources. This
would make the emission limits federally enforceable.
The following is a summary of EPA's analysis of how the proposed
NOX emission limits implement RACT for the power boiler,
lime kiln and recovery furnace.
Power Boiler, Permit Condition 52, Emission Unit P-OWERH
The Facility's power boiler, which has a rated fuel heat input
capacity of 855 million British Thermal Units per hour (MMBtu/hr),
supplies steam and electricity to the mill. Because the power boiler's
fuel heat input capacity is greater than 250 MMBtu/hr, the power boiler
is characterized as a ``very large boiler'' under 6 NYCRR 227-2.2. When
a very large boiler uses fuel other than gas, gas/oil, pulverized coal,
coal wet bottom, or coal dry bottom (fuels listed under subpart 227-
2.4(a)(1)), then under subpart 227-2.4(a)(2), a RACT implementation
proposal must include a proposed emission limit for the non-listed
fuels.
The Facility's power boiler is a multi-fuel fired stoker boiler
that burns No. 2 fuel oil, No. 6 fuel oil, waste fuel type ``A,'' wood/
bark, rejected digester wood knots, primary clarifier fiber, dried
secondary biomass, and natural gas. The natural gas is delivered to the
Facility by truck as compressed natural gas (CNG). The power boiler is
also used as a combustion/destruction device for the non-condensable
gases produced in the pulping and chemical recovery processes. Non-
condensable gases are gases that cannot be condensed under normal
cooling conditions such that a temperature of -150[deg]C is required to
condense them. Because the Facility's power boiler is a multi-fuel,
very large boiler that burns fuels that are not included in the listed
fuel types, a case-by-case emission limit for the Facility's power
boiler is required.
NYSDEC reviewed the RACT analysis and determined that the submitted
emission limits implements RACT for the power boiler. Specifically,
NYSDEC approved the following case-by-case emission limits: (1) 0.23 lb
NOX/MMBtu per 24-hour average (0.22 lb NOX/MMBtu
per 30-day rolling average) during the May 1 through September 30 ozone
season; and (2) 0.23 lb NOX/MMBtu per 30-day rolling average
during the October 1 through April 30 non-ozone season. For both
limits, compliance is measured through a continuous emission monitoring
system (CEMS). The CEMS satisfies the testing, monitoring, and
reporting requirements under the federally approved 6 NYCRR subpart
227-2.6(a)(1). Under this section, any very large boiler must measure
NOX emissions with a CEMS, or an equivalent monitoring
system approved by NYSDEC.
EPA is proposing to determine that the proposed limit for the power
boilers implement RACT because: (1) The Facility's power boiler is a
multi-fuel very large boiler that burns fuel that is not one of the
listed fuel types in subpart 227-2.4(a)(1), and the proposed emission
limit for the very large boiler implements RACT; (2) the RACT analysis
demonstrated that no additional control technologies beyond what are
currently used at the power boiler are technically and economically
feasible; and (3) compliance will be determined using CEMS and
following the prescribed averaging times under subpart 227-
2.6(b)(3)(i)(b). Further details explaining how EPA made these
determinations is provided in the TSD available in the docket for this
rulemaking.
Summary of RACT Controls
Six Low NOX Burner (LNB) assemblies (three levels with
two burners on each level) are available in the power boiler for firing
No. 6 oil or CNG. Normally, two burners are fired with CNG with
additional burners fired with No. 6 oil as needed to meet the mill's
steam demand. As a result of the 2011 NOX RACT
determination, six Dynaswirl-LN LNB assemblies were installed. The
burner design includes a tertiary air sleeve setup to allow increased
flexibility for combustion staging and flame shaping. Overfire air
[[Page 45619]]
improvements, an alternative control technology to enhance combustion
and suppress NOX emissions, achieves the same level of
NOX control in combination with LNB as LNB assemblies alone
(approximately 8%). Since the Facility has already installed LNB
assemblies on the power boiler to comply with the previous RACT
determination, overfire air improvements were not considered in the
RACT analysis.
In order to determine what NOX control technologies
could be economically and technologically feasible for the power
boiler, the EPA reviewed the Reasonably Available Control Technology/
Best Available Control Technology/Lowest Achievable Emission Rate
Clearinghouse (RBLC).\5\ The EPA's review of the RBLC reveals that
thirteen similar paper and pulp U.S. facilities have NOX
controls that the Facility either has already implemented or are not
physically feasible based on the Facility's boiler configurations.
Thirteen U.S. facilities with similar emission units and their
respective NOX controls are identified for comparison in the
TSD, and these facilities are located in Alabama, Florida, Louisiana,
Maine, Michigan, North Carolina, Oregon, South Carolina, Washington,
and Wisconsin. Based on the RBLC, the EPA confirms that no new
NOX control technologies have become available that could be
implemented on the Facility's boilers.
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\5\ 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&lang=en.
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Lime Kiln, Condition 78, Emission Unit R-CAUST
The Facility operates one lime kiln. The lime kiln's function is to
calcine the lime mud into quicklime as a ``process operation,'' which
is subject to federally approved RACT regulations under 6 NYCRR Part
212.
NYSDEC determined that the following emission limit implements RACT
for the lime kiln: 120 parts per million by volume (wet, corrected to
10% O2). The lime kiln fires No. 6 fuel oil and/or CNG, with
propane used for startup and process stabilization. With respect to
monitoring requirements, emission testing to verify compliance with the
limit will be performed once every five years as an arithmetic average
of stack test runs. Further explanation on this testing is provided in
the TSD available in the docket for this rulemaking.
A search of the RBLC indicated that the recommended NOX
control method for lime kilns is to employ ``good combustion
controls.'' Practically all the NOX generated from oil
firing in kilns originates from the fuel. The lime kiln currently
minimizes NOX formation through existing design and
operation using good combustion practices.
EPA is proposing to determine that the proposed limit for the lime
kiln implements RACT because: (1) The RACT analysis showed that no
additional control technologies beyond what are currently used at the
lime kiln are technically and economically feasible; and (2) emission
testing to verify compliance with the limit will be performed once
every five years as an arithmetic average of stack test runs. Further
detail on this analysis is provided in the TSD available in the docket
for this rulemaking.
Recovery Furnace, Condition 85, Emission Unit R-ECOVB
The Facility operates one recovery furnace that is an indirect
water-walled steam generator used to recover inorganic chemicals from
spent cooking liquors and to produce steam as a collateral benefit.
That is its normal operation, and it is considered a ``process
operation,'' subject to federally approved RACT regulations under 6
NYCRR Part 212.
NYSDEC determined that the following emission limit implements RACT
for the recovery furnace: 100 parts per million by volume (dry,
corrected to 8% O2). With respect to monitoring
requirements, emission testing to verify compliance will be performed
every five years as an arithmetic average of stack test runs. Further
explanation on this testing is provided in the TSD available in the
docket for this rulemaking.
The design of the recovery furnace minimizes NOX
emissions through ``staged air'' combustion control, and any further
combustion modifications would not reduce NOX emissions
since NOX emissions are principally the result of fuel-bound
nitrogen in the black liquor.
EPA is proposing to determine that the proposed limit for the
recovery furnace implements RACT because: (1) The RACT analysis showed
that no additional control technologies beyond what are currently used
at the recovery furnace are technically and economically feasible; and
(2) emission testing to verify compliance with the limit will be
performed once every five years as an arithmetic average of stack test
runs. Further detail on this analysis is provided in the TSD available
in the docket for this rulemaking.
III. Environmental Justice Considerations
The State of New York did not evaluate environmental justice
considerations as part of its SSSIP submittal. The EPA performed an
environmental justice analysis solely for the purpose of providing
additional context and transparency to the public. The CAA and
applicable implementing regulations neither prohibit nor require an
evaluation of environmental justice concerns. Thus, the analysis is not
a basis of this action. The EPA created a Community Report (the Report)
using Version 2.2 of its Environmental Justice Screening and Mapping
tool EJ Screen (EJScreen). EJScreen is EPA's environmental justice
mapping and screening tool that provides EPA with a nationally
consistent dataset and approach for combining environmental and
demographic socioeconomic indicators. EJScreen users choose a
geographic area; the tool then provides demographic socioeconomic and
environmental information for that area. It is important to understand
that EJScreen in not a detailed risk analysis. It is a screening tool
that examines some of the relevant issues related to environmental
justice, and there is uncertainty in the date included. The Report is
contained in the EPA docket assigned to this Federal Register document.
The Report addresses a 1-mile ring centered at the Facility. All
thirteen EJ Screen environmental indexes are evaluated in 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. Specific background and source
information on these indexes and environmental indicators can be found
in the EPA's ``EJScreen Technical Documentation for Version 2.2.'' \6\
We analyze both EJ Indexes and Supplemental Indexes because they offer
different perspectives on community level vulnerability based on
different factors. The EPA used the National percentile instead of the
State percentile for the Report results because
[[Page 45620]]
this SSSIP action is a Federal action. Any environmental index result
that is in the 80th percentile or greater is considered to be
relatively high when comparing to the United States population. The
``percentile'' is what EJ Screen uses to compare the area of study to
national and state figures.
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\6\ EJ Screen, Environmental Justice Mapping and Screening Tool,
EJ Screen Technical Documentation for Version 2.2. See https://www.epa.gov/system/files/documents/2023-06/ejscreen-tech-doc-version-2-2.pdf.
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The results of the EPA's environmental justice analysis indicated
that the population within a 1-mile radius of the Facility was below
the 80th percentile for all National EJ Indexes and Supplemental
Indexes. Refer to docket assigned to this Federal Register document for
the complete Report results.
The EPA expects that finalizing this action is unlikely to result
in potential disproportionate health, environmental, and economic
impacts on disadvantaged communities in the area surrounding the
Facility. This analysis was done solely for the purpose of providing
additional context and information about this rulemaking to the public
and is not a basis for the action. The EPA is taking action under the
CAA and on bases independent of EJ.
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 implement RACT for the power boiler, lime kiln, and the recovery
furnace. Based on a thorough RBLC review of similar sources,
information provided by NYSDEC, and an analysis of this Source-specific
SIP revision, the EPA proposes to approve Sylvamo Ticonderoga Mill's
operation under NYSDEC approved NOX emission limits for the
Facility's power boiler, lime kiln, and recovery furnace.
Specifically, the EPA proposes to approve the following limits and
associated requirements as implementing RACT: (1) For the emission unit
P-OWERH, very large power boiler, a limit of 0.23 lb NOX/
MMBtu per 24-hour average (0.22 lb NOX/MMBtu per 30-day
rolling average) during the ozone season May 1 through September 30,
and 0.23 lb NOX/MMBtu per 30-day rolling average during the
non-ozone season October 1 through April 30; (2) for the emission unit
R-CAUST, lime kiln, a limit of 120 parts per million by volume (wet,
corrected to 10% O2); and (3) for the emission unit R-ECOVB,
recovery furnace, a limit of 100 parts per million by volume (dry,
corrected to 8% O2).
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 Sylvamo Ticonderoga Mill title V operating
permit conditions 52, 78, and 85 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,
[[Page 45621]]
Oxides of nitrogen, Ozone, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024-11338 Filed 5-22-24; 8:45 am]
BILLING CODE 6560-50-P