[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Rules and Regulations]
[Pages 76740-76742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20560]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2023-0237; FRL 11904-02-R2]


Approval of Source-Specific Air Quality Implementation Plan; New 
York; Sylvamo Ticonderoga Mill

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 the Sylvamo Ticonderoga Mill 
(formerly known as International Paper), located at 568 Shore Airport 
Rd., Ticonderoga, New York (the Facility). The control options in this 
SSSIP revision implement Reasonably Available Control Technology (RACT) 
for nitrogen oxide (NOX) emissions from the relevant 
Facility sources, which include 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 action will not interfere with ozone NAAQS requirements and 
meets all applicable requirements of the Clean Air Act (CAA). The EPA 
proposed to approve this rule on May 23, 2024, and received two 
comments, neither of which were relevant to the rulemaking.

DATES: This final rule is effective on October 21, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2023-0237. 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., 
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: 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. What is the background for this action?
II. Environmental Justice Considerations
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?

    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 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 revision.
    This SSSIP revision 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. On May 23, 2024, the 
EPA published a Notice of Proposed Rulemaking that proposed to approve 
a SSSIP revision to address NOX RACT emission limits 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. See 89 FR 45616. Specifically, the 
Notice of Proposed Rulemaking addressed the following: (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; \1\ 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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    \1\ 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 determining through this final action that the 
NOX RACT emission limits submitted by the State in this 
November 23, 2022 SSSIP revision 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 specific details for how the NOX emission limits 
comprise RACT for the power boiler, lime kiln and recovery furnace, 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 45616 (May 23, 2024).

II. Environmental Justice Considerations

    The State of New York did not evaluate environmental justice 
considerations as part of its SSSIP submittal. The EPA performed an

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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.'' \2\ 
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 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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    \2\ 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.

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

    The EPA received two public comments during the 30-day public 
comment period of the EPA's proposed approval of New York's SIP 
revision. The comments were not relevant to the action. The specific 
comments may be viewed under Docket ID Number EPA-R02-OAR-2023-0237 on 
the https://www.regulations.gov website.
    Regarding one commenter, the EPA appreciates the commenter's 
support of keeping NY air clean but notes that this is not relevant to 
this action.
    Regarding another commenter, the EPA appreciates the commenter's 
description of cannabis plants releasing BVOCs but notes that this is 
not relevant to this action.

IV. What action is the EPA taking?

    Based on a thorough RBLC review of similar sources, information 
provided by NYSDEC, and an analysis of this Source-specific SIP 
revision, the EPA is approving 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 is approving 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 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 
revisions to Sylvamo Ticonderoga Mill title V operating permit 
conditions 52, 78, and 85 as described 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.\3\
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    \3\ 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

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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 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 communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
The EPA defines 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 November 18, 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, Oxides of nitrogen, Ozone, 
Reporting and recordkeeping requirements.

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

Lisa Garcia,
Regional Administrator, Region 2.

    For the reasons stated in the preamble, the 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 paragraph (d) the table by adding the entry 
``Sylvamo Ticonderoga Mill'' at the end to read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (d) * * *

                                EPA-Approved New York Source-Specific Provisions
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                                                             State
          Name of source               Identifier No.      effective    EPA approval date         Comments
                                                             date
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                                                  * * * * * * *
Sylvamo Ticonderoga Mill..........    5-1548-00008/00081  11/23/2022  9/19/2024, [insert    RACT emission limits
                                                                       Federal Register      for condition 52,
                                                                       citation].            78, and 85.
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[FR Doc. 2024-20560 Filed 9-18-24; 8:45 am]
BILLING CODE 6560-50-P