
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Proposed Rules]
[Pages 21749-21751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09384]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0013; FRL-9960-68-Region 2]


Approval and Revision of Air Quality Implementation Plans; State 
of New York; Regional Haze State and Federal Implementation Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
a source-specific revision to the New York State Implementation Plan 
(SIP). This revision consists of a Best Available Retrofit Technology 
(BART) determination for the Danskammer Generating Station Unit 4. The 
SIP revision establishes emission limits for sulfur dioxide, oxides of 
nitrogen, and particulate matter that are identical to those set by the 
EPA's Federal Implementation Plan (FIP) for Danskammer Unit 4, which 
was promulgated in an action taken on August 28, 2012. The SIP revision 
also restricts Danskammer Unit 4 to combusting only natural gas. The 
EPA proposes to find that the SIP revision fulfills the requirements of 
the Clean Air Act and the EPA's Regional Haze Rule for BART at 
Danskammer Unit 4. In conjunction with this proposed approval, we 
propose to withdraw those portions of the FIP that address BART for 
Danskammer Unit 4.

DATES: Comments must be received on or before June 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2017-0013 to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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, the full

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EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental 
Protection Agency, Air Programs Branch, 290 Broadway, New York, New 
York 1007-1866 at 212-637-3764 or by email at Linky.Edward@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is the EPA proposing?
II. What is the background information for this proposal?
    A. SIP and FIP Background
    B. Regional Haze Background
    C. EPA Action on New York's Regional Haze Submittals
III. What is included in the NYSDEC SIP proposal?
IV. What is the EPA's analysis of NYSDEC's submittal?
V. Statutory and Executive Order Reviews

    Throughout this document whenever ``Agency,'' ``we,'' ``us,'' or 
''our'' is used, we mean the EPA.

I. What action is the EPA proposing?

    The EPA is proposing to approve a source-specific State 
Implementation Plan (SIP) revision for Unit 4 at the Danskammer 
Generating Station submitted by the New York State Department of 
Environmental Conservation (NYSDEC) on August 10, 2015, and 
supplemented by NYSDEC on August 5, 2016.\1\ Specifically, the EPA is 
proposing to approve emission limits for sulfur dioxide 
(SO2), oxides of nitrogen (NOX), and particulate 
matter (PM) for Unit 4 at the Danskammer Generating Station that are 
equivalent to the emission limits established by the EPA's Federal 
Implementation Plan (FIP) that was promulgated on August 28, 2012 (77 
FR 51915, 51928). The EPA is also proposing to approve a condition in 
the SIP revision that restricts Danskammer Unit 4 to combusting only 
natural gas.
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    \1\ NYSDEC's August 10, 2015, submittal also included SIP 
revisions for LaFarge Building Materials and Rockville Centre Power 
Plant which we intend to act on separately.
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II. What is the background information for this proposal?

    This section provides a brief overview of the requirements of the 
Clean Air Act (CAA) and Regional Haze Rule that apply to this 
particular action. Please refer to our previous rulemakings on the New 
York Regional Haze SIP for additional background regarding the 
visibility protection provisions of the CAA and the Regional Haze 
Rule.\2\
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    \2\ 77 FR 24794 (April 25, 2012) (proposed rule); 77 FR 27162 
(May 9, 2012) (Notice of Data Availability); 77 FR 51915 (Aug. 28, 
2012) (final rule).
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A. SIP and FIP Background

    The CAA requires each state to develop plans to meet various air 
quality requirements, including protection of visibility. (CAA sections 
110(a), 169A, and 169B). The plans developed by a state are referred to 
as SIPs. A state must submit its SIPs and SIP revisions to EPA for 
approval. Once approved, a SIP is federally enforceable, that is 
enforceable by the EPA and subject to citizen suits under the CAA. If a 
state fails to make a required SIP submittal or if we find that a 
state's required submittal is incomplete or unapprovable, then EPA must 
promulgate a FIP to fill this regulatory gap. (CAA section 110(c)(1)).

B. Regional Haze Background

    In the 1977 Amendments to the CAA, Congress initiated a program for 
protecting visibility in the nation's national parks and wilderness 
areas. Section 169A(a)(1) of the CAA establishes as a national goal the 
``prevention of any future, and the remedying of any existing, 
impairment of visibility in mandatory Class I Federal areas which 
impairment results from manmade air pollution.'' In 1990, Congress 
added section 169B to the CAA to address regional haze issues. On July 
1, 1999, the EPA promulgated the Regional Haze Rule (RHR) (64 FR 
35714). The requirement to submit a Regional Haze SIP applies to New 
York and all 50 states, the District of Columbia, and the Virgin 
Islands. 40 CFR 51.308(b) of the RHR required states to submit the 
first implementation plan addressing regional haze visibility 
impairment no later than December 17, 2007.

C. EPA Action on New York's Regional Haze Submittals

    The EPA's final action on New York's Regional Haze SIP included 
approving 17 source-specific SIP revisions containing permits for Best 
Available Retrofit Technology (BART) and promulgating a FIP to address 
two sources where EPA disapproved New York's BART determinations--
Roseton Generating Station (Units 1 and 2) and the Danskammer 
Generating Station (Unit 4). 77 FR 51915 (August 28, 2012).
    On August 10, 2015, NYSDEC submitted a request for a source-
specific SIP revision for Danskammer Unit 4 which would replace the 
EPA's FIP. In this action, the EPA proposes to approve the SIP revision 
and remove Danskammer Unit 4 from the FIP, but this action does not 
address the Roseton Generating Station still covered by the EPA's FIP.

III. What is included in the NYSDEC SIP submittal?

    On August 10, 2015, NYSDEC submitted a request for a source-
specific SIP revision for Danskammer Unit 4, which would replace the 
BART emission limits and related requirements in the EPA's FIP that 
were promulgated in the Federal Register on August 28, 2012 (77 FR 
51915). This SIP revision contained Danskammer Unit 4's Title V permit 
conditions 61-64.
    In a letter to NYSDEC dated July 14, 2016, the EPA requested that 
NYSDEC supplement its August 10, 2015 SIP submittal. Specifically, the 
EPA requested that NYSDEC submit Danskammer Unit 4's Title V permit 
condition 55.6 (at pages 48 and 49 of the permit), which restricts Unit 
4 to combusting only natural gas. The EPA also requested that NYSDEC 
submit a copy of the April 1, 2015 public notice as published in 
NYSDEC's Environmental Notice Bulletin (ENB).
    In a letter dated August 5, 2016, NYSDEC submitted to the EPA (1) 
permit condition 55.6 (pages 48 and 49) of Dankskammer Unit 4's Title V 
permit that was renewed on February 24, 2015, which permits Unit 4 to 
combust natural gas only and (2) a copy of NYSDEC's April 1, 2015 ENB 
that noticed the proposed Danskammer SIP revision.

IV. What is the EPA's analysis of NYSDEC's submittal?

    In its submittal, NYSDEC includes BART emission limits for 
Danskammer Unit 4 that are identical to those contained in the EPA's 
FIP: 0.12 pounds NOX per million Btu (lb/MMBtu) calculated 
on a 24-hour average during the ozone season and on a 30-day average 
during the rest of the year; 0.09 lb SO2/MMBtu calculated on 
a 24-hour average; and 0.06 lb PM/MMBtu calculated on a 1-hour average. 
NYSDEC also includes a condition that restricts Danskammer Unit 4 to 
combusting only natural gas.
    The EPA is proposing to approve NYSDEC's SIP submittal because it 
is more stringent than the EPA's FIP. The SIP submittal includes BART 
emission limits for SO2, NOX, and PM and related 
administrative requirements (i.e., monitoring, recordkeeping and 
reporting requirements) that are identical to those in the EPA's FIP. 
Moreover, the SIP submittal includes a

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condition that restricts Dankskammer Unit 4 to combusting only natural 
gas, which will have the effect of further reducing visibility-
impairing emissions, particularly SO2 and PM. Consequently, 
the EPA proposes to withdraw those portions of the FIP that address 
BART for Danskammer Unit 4. The EPA will fully consider all significant 
comments on these proposed actions.

VI. Statutory and Executive Order Reviews

    In reviewing NYSDEC's SIP submittal, the EPA's role is to approve 
state choices if they meet the requirements 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 action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
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 (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 application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    This action does not have tribal implications as specified by 
Executive Order 13175. The SIP revision submitted by NYSDEC is not 
approved to apply on any Indian reservation land or in any other areas 
where the EPA or Tribal Nation has demonstrated that a Nation has 
jurisdiction. Thus Executive Order 13175 does not apply to this 
proposed rule.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

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

    Dated: March 10, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-09384 Filed 5-9-17; 8:45 am]
 BILLING CODE 6560-50-P


