[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)]
[Rules and Regulations]
[Pages 14581-14583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05372]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2023-0242; FRL 12441-02-R2]
Approval of Source-Specific Air Quality Implementation Plan; New
York; Lehigh Cement Company 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 Lehigh Cement Company LLC,
located at 313 Warren Street, Glens Falls, New York (the Facility). The
control options in this SSSIP revision implement Reasonably Available
Control Technology (RACT) with respect to nitrogen oxide
(NOX) emissions from the relevant Facility source, which is
identified as one Portland cement kiln (the Kiln). 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 December 26, 2024, and received no comments.
This final action will not interfere with ozone NAAQS requirements and
meets all applicable requirements of the CAA.
DATES: This final rule is effective on May 5, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2023-0242. 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) (formerly 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: 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:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On December 26, 2024, the EPA published a Notice of Proposed
Rulemaking that proposed to approve a State Implementation Plan (SIP)
revision submitted by the State of New York on July 1, 2022, for
purposes of a Portland cement manufacturing and quarry facility
operated by Lehigh Cement Company LLC, located in Glens Falls, New
York. (See 89 FR 104946.) This Lehigh Cement SSSIP is intended to
implement NOX RACT for the Kiln for purposes of the 2008 and
2015 ozone NAAQS. This Lehigh Cement SSSIP replaces and withdraws the
Lehigh Cement SSSIPs that were submitted by the State on September 16,
2008, and December 18, 2013. In this SSSIP submittal, the EPA has
reviewed the RACT determination for the Kiln for consistency with the
CAA and the EPA regulations, as interpreted through EPA actions and
guidance. The State's July 1, 2022 SIP submittal consists of a cover
letter, Title V permit application proof, the 2021 NOX RACT
re-evaluation, consent decree, and the 2020 NOX RACT
analysis.
The source at issue in this action is a short, dry preheater Kiln.
NYSDEC RACT regulations establish RACT
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requirements for this source in 6 NYCRR Subpart 220-1, ``Portland
Cement Plants,'' last approved in the New York SIP by the EPA on July
12, 2013. However, 6 NYCRR Subpart 220-1 does not establish presumptive
NOX RACT emission limits for cement kilns due to the
uniqueness of cement manufacturing operations. Instead, under 6 NYCRR
Subpart 220-1.6(b), the Facility must submit a RACT analysis along with
the Air Title V Facility Permit application that proposes a RACT
emission limit(s) and identifies the procedures and monitoring
equipment to be used to demonstrate compliance with the proposed RACT
emission limit(s). Here, NYSDEC determined that the Facility's analysis
adequately evaluated RACT. Such source-specific determinations must be
submitted to the EPA as a SSSIP.
In November 2010, the Facility conducted a NOX RACT
analysis for the Kiln (Emission Unit 0-UKILN) specifically applicable
under the federally approved 6 NYCRR Subpart 220-1.6(b). The RACT
analysis included the following: (1) an identification of available
NOX control technologies; (2) projected effectiveness of
each control technology identified; (3) costs for installation and
operation of each technology; and (4) determination of the control
technology and emission limit selected as RACT.
Lehigh installed and is operating a selective non-catalytic
reduction (SNCR) system to meet NOX RACT as a result of
their 2010 NOX RACT analysis.\1\ In addition, the federally
approved version of 6 NYCRR Subpart 220-1.7(d) requires owners or
operators of a Portland cement kiln to install and operate a continuous
emissions monitoring system (CEMS) to monitor NOX emissions
from the cement kiln in accordance with the provisions of 40 CFR part
75, and to demonstrate compliance with the NOX RACT emission
limit on a 30-day rolling average basis.
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\1\ On September 9, 2010, the EPA published the New Source
Performance Standards for Portland Cement Plants (NSPS Subpart F).
In that proposal, the EPA determined that SNCR was deemed to be the
Best Demonstrated Technology (BDT) for NOX in cement
plants,'' . . . we [the EPA] determined SNCR to be BDT and applied a
control efficiency for the SNCR to the baseline uncontrolled level
to determine the appropriate NOX level consistent with application
of BDT . . . SNCR performance has been shown to range from 20 to 80
percent NOX removal.'' See 75 FR 54970.
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A nationwide Federal consent decree, Civil Action # 5:19-cv-05688,
was executed on November 18, 2020, due to violations that occurred, in
pertinent part, at one or more of Lehigh Cement Company LLC's (Lehigh)
Portland cement plants (the CD). The obligations of the CD were
negotiated between Lehigh and the U.S. Department of Justice (on behalf
of EPA and non-Federal jurisdictions, including the State of New York),
and are binding.
The terms of the CD imposed a lower emission limit (2.5 lbs
NOX/ton clinker (30-day rolling average)) upon the Kiln that
meets Best Available Control Technology (BACT), which is based on the
maximum degree of control that can be achieved. The NOX
emission controls and associated cost analysis from the November 2010
RACT analysis for the Kiln were determined to be acceptable as RACT by
the NYSDEC. EPA is concluding that an August 27, 2021 NOX
RACT evaluation to support Lehigh's Title V permit renewal application
has successfully demonstrated that the emissions limit continues to be
acceptable as RACT, with the RACT emission limit for the Kiln
calculated as 2.9 lbs NOX/ton clinker (30-day rolling
average). Since BACT is the maximum degree of control that can be
achieved, BACT generally imposes more stringent requirements than RACT.
Given that the BACT emission limit imposed by the CD is lower than the
previously calculated RACT limit, the EPA is approving that the BACT
limit now represents RACT for this source. Here, the CD requires the
Facility, beginning on or before May 18, 2021, to: (1) limit
NOX emissions from the Kiln to 2.5 lbs per ton of clinker
produced with a 30-day rolling average; (2) install and commence
continuous operation of a Selective Non-Catalytic Reduction (SNCR)
NOX control technology; and (3) install and operate
NOX CEMS at each stack, which collects emissions from the
applicable kiln in accordance with the requirements of 40 CFR part 60.
To comply with the requirements outlined in the CD, Lehigh revised
its Air Title V Facility Permit to contain two permit conditions
(permit conditions 85 and 86) that include the NOX
monitoring requirements and emission limitations as non-expiring
obligations. A copy of the CD is located in the docket of this rule,
Docket Number EPA-R02-OAR-2023-0242, at https://www.regulations.gov.
The intended effect of this source-specific SIP revision is to:
establish the source-specific emission limit by incorporating the
NOX emission limit imposed by the CD and associated
monitoring requirements into the Facility's source-specific SIP.
The EPA is approving through this SSSIP action that the
NOX emission limit submitted by the State in this SSSIP for
the Kiln is the lowest emission limit with the application of control
technology that is reasonably available given technological and
economic feasibility considerations. The respective NOX RACT
emission limit is contained in the Facility's Title V operating permit,
5-5205-00013/00058, under Conditions 85 and 86. This renewal permit was
issued by the State on February 28, 2022, and expires on February 27,
2027.
The Facility submitted a RACT plan for the emission limit
requirements and NYSDEC reviewed and approved the emission limit as
adequately implementing RACT for the source. NYSDEC then submitted the
source-specific SIP revision package at issue in this action for EPA
approval, and the EPA is approving the respective emission limit as
implementing RACT for this source. The emission limit for the Facility
will become part of the federally enforceable SIP upon the EPA's final
approval of this SSSIP.
The EPA is approving that the proposed limit for Emission Unit 0-
UKILN implements RACT because the Facility's more stringent BACT
NOX emissions limit imposed by the consent decree of 2.5 lbs
NOX/ton clinker (30-day rolling average) is more stringent
than the 2.9 lbs NOX/ton clinker (30-day rolling average)
limit required to implement RACT for this source.
The specific details of New York's SIP submittals and the rationale
for the EPA's approval action are explained in the EPA's proposed
rulemaking and are not restated in this final action. For this detailed
information, the reader is referred to the EPA's December 26, 2024,
proposed rulemaking 89 FR 104946.
II. What comments were received in response to the EPA's proposed
action?
The EPA provided a 30-day review and comment period for the
December 26, 2024 proposed rulemaking. The comment period ended on
January 27, 2025. We received no comments on the EPA's action.
III. What action is the EPA taking?
The EPA is approving New York State's SSSIP revision for Lehigh
Cement Company LLC submittal dated July 1, 2022 for purposes of
satisfying Lehigh Cement Company LLC's operation under the
NOX emission limit approved by NYSDEC for the Facility's
Kiln.
Specifically, the EPA is approving that the BACT limit now
represents RACT for this source. Here, the CD requires the Facility,
beginning on or before May 18, 2021 to: (1) limit NOX
emissions from the Kiln to 2.5 lbs per
[[Page 14583]]
ton of clinker produced with a 30-day rolling average; (2) install and
commence continuous operation of a Selective Non-Catalytic Reduction
(SNCR) NOX control technology; and (3) install and operate
NOX CEMS at each stack, which collects emissions from the
applicable kiln in accordance with the requirements of 40 CFR part 60.
IV. 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
revisions to Lehigh Cement Company LLC Title V operating permit
conditions 85 and 86 as described in section I of this preamble. These
documents are available in the docket of this rule 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 rule of the EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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V. 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, 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);
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 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).
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 June 2, 2025. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Michael Martucci,
Regional Administrator, Region 2.
For the reasons stated in the preamble, 40 CFR part 52 is amended
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
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2. In Sec. 52.1670(d), amend the the table by adding the entry
``Lehigh Cement Company LLC'' at the end of the table 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 date EPA approval date Comments
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Lehigh Cement Company LLC...... 5-5205-00013/00058 07/11/2010 4/3/2025, [INSERT RACT emission
FIRST PAGE OF limit for
FEDERAL REGISTER conditions 85 and
CITATION]. 86, emission unit
0-UKILN.
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[FR Doc. 2025-05372 Filed 4-2-25; 8:45 am]
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