[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Proposed Rules]
[Pages 4530-4535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01784]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2021-0572, FRL-9439-01-R2]


Approval and Promulgation of Implementation Plans; New York; 
Ozone and Particulate Matter Controls Strategies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve several revisions to the New York State Implementation Plan 
(SIP) for the purposes of implementing control of air pollution by 
particulate matter (PM) and oxides of nitrogen (NOX). The 
proposed SIP revisions consist of amendments to several existing 
regulations outlined within New York's Codes, Rules, and Regulations 
(NYCRR) that implement control measures for PM and NOX. The 
intended effect of this action is to approve control strategies, 
required by the Clean Air Act (CAA or the Act), which will result in 
emission reductions that will help attain and maintain the national 
ambient air quality standards for ozone and PM. These actions are being 
taken in accordance with the requirements of the CAA.

DATES: Written comments must be received on or before February 28, 
2022.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2021-0572 at https://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 EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit

[[Page 4531]]

https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental 
Protection Agency, Region 2, Air Programs Branch, 290 Broadway, New 
York, New York 10007-1866, at (212) 637-3378, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Supplementary Information section is 
arranged as follows:

I. What action is the EPA proposing?
II. What is the background for this proposed rulemaking?
III. What was included in New York's submittals?
IV. What is the EPA's evaluation of Part 219, ``Incinerators''?
    A. Background
    B. What are the new requirements of Part 219?
    C. What is the EPA's evaluation?
V. What is the EPA's evaluation of Part 222, ``Distributed 
Generation Sources''?
    A. Background
    B. What are the new requirements of Part 222?
    C. What is the EPA's evaluation?
VI. What other revisions did New York make?
VII. What is the EPA's conclusion?
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    The EPA is proposing to approve revisions to the New York SIP 
submitted by the State of New York on February 3, 2021 and October 15, 
2020 that pertain to existing regulations, Title 6 of the New York Code 
of Rules and Regulations (6 NYCRR Part 219, ``Incinerators'' (Part 
219), and 6 NYCRR Part 222, ``Distributed Generation Sources'' (Part 
222), respectively. The EPA is also proposing to approve attendant 
revisions to 6 NYCRR Part 200 (Part 200), Section 200.9, ``General 
Provisions, Reference materials'' (Section 200.9).
    These revisions include additional control strategies that will 
reduce NOX and PM emissions from major sources throughout 
the state. The EPA is proposing to approve New York's SIP submittals 
listed within this action as a SIP-strengthening measure for New York's 
ozone and PM SIP. The EPA is also proposing to approve New York's SIP 
submittal since it incorporates additional reasonably available control 
technology/reasonably available control measures (RACT/RACM) rules for 
NOX at Municipal and Private Solid Waste Incineration Units.

II. What is the background for this proposed rulemaking?

2008 and 2015 Ozone NAAQS Revisions

    In March 2008, EPA revised the health-based National Ambient Air 
Quality Standard (NAAQS) for ozone to 0.075 parts per million (ppm) 
averaged over an 8-hour time frame (2008 8-hour Ozone Standard). See 73 
FR 16435 (March 27, 2008). In October 2015, the EPA revised this 
standard to 0.070 ppm averaged over an 8-hour time frame (2015 8-hour 
Ozone Standard). See 80 FR 65291 (October 26, 2015).
    On May 21, 2012, the EPA finalized its attainment/nonattainment 
designations for areas across the country with respect to the 2008 8-
hour Ozone Standard and, on July 20, 2012, the designations became 
effective. See 77 FR 30160 (May 21, 2012). The New York-Northern New 
Jersey-Long Island Connecticut metropolitan area (NYMA) was designated 
by the EPA as a ``marginal'' nonattainment area for the 2008 ozone 
NAAQS.\1\ In 2016, the EPA determined that the NYMA did not attain the 
2008 ozone standard by the July 20, 2015 attainment date and was 
reclassified from a ``marginal'' to a ``moderate'' nonattainment area. 
See 81 FR 26697 (May 4, 2016). SIPs for ``moderate'' nonattainment 
areas were due by January 1, 2017. See id. On April 30, 2018, the EPA 
finalized its attainment/nonattainment designations for most areas 
across the country as to the 2015 8-hour Ozone Standard, in which the 
NYMA was designated by the EPA as a ``moderate'' nonattainment area. 
See 83 FR 25776 (June 4, 2018). On September 23, 2019, the EPA 
reclassified the NYMA to ``serious'' nonattainment as to the 2008 8-
hour Ozone Standard. See 84 FR 44238 (August 23, 2019). The serious 
area attainment date and the deadline for RACT measures not tied to 
attainment was July 20, 2021. See id.
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    \1\ The New York portion of the NYMA, is composed of the five 
boroughs of New York City and the surrounding counties of Nassau, 
Suffolk, Westchester, Rockland and the Shinnecock Indian Nation. See 
40 CFR 81.333.
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PM NAAQS Revisions

    On September 21, 2006, the EPA retained the primary and secondary 
24-hour PM10 standard of 150 micrograms per cubic meter of 
air ([micro]g/m\3\), as an average over a 24-hour period, not to be 
exceeded more than once per year on average over a 3-year period, that 
was initially promulgated on June 2, 1987. See 71 FR 61144 (October 17, 
2006); see also 52 FR 24634 (July 1, 1987).
    On October 17, 2006, the EPA strengthened the primary and secondary 
24-hour PM2.5 NAAQS to 35 [micro]g/m\3\. See 71 FR 61144. On 
November 13, 2009, the EPA promulgated designations for the revised 24-
hour PM2.5 standard set in 2006, designating the NY-NJ-CT 
area as ``nonattainment.'' See 74 FR 58688. On June 27, 2013, New York 
submitted a request to redesignate the New York portion of the NY-NJ-CT 
nonattainment area, from ``nonattainment'' to ``attainment.'' As part 
of this request, New York also submitted a maintenance plan to ensure 
that New York's portion of the NYMA would continue attainment through 
2025. On April 18, 2014, the EPA took final action to approve New 
York's SIP revision to redesignate the New York portion of the NY-NJ-CT 
to ``attainment'' for the 2006 24-hour PM2.5 NAAQS. See 79 
FR 21857.
    On December 14, 2012, the EPA promulgated a revised primary NAAQS 
for PM2.5 for the annual standard, setting the level at 12 
micrograms per cubic meter ([micro]g/m\3\) calculated as an annual 
average, which is averaged over a three-year period. See 78 FR 3086.
    On January 15, 2015, the EPA finalized its attainment/nonattainment 
designations for areas across the country with respect to the revised 
primary PM2.5 NAAQS and on April 15, 2015, the designations 
became effective. See 80 FR 2206. The NYMA was designated by the EPA as 
an ``Unclassifiable/Attainment'' area for the revised primary 
PM2.5 NAAQS. See id.

III. What was included in New York's submittals?

    On February 3, 2021 and October 15, 2020, the New York State 
Department of Environmental Conservation (NYSDEC or New York), 
submitted to the EPA proposed revisions to the SIP, which included 
State adopted revisions to three regulations contained in Part 219, 
``Incinerators,'' and Part 222, ``Distributed Generation Sources'' with 
effective dates of March 14, 2020 and March 25, 2020, respectively. New 
York also submitted attendant revisions to Part 200, Section 200.9, 
``General Provisions, Reference materials. These revisions are 
applicable statewide, with the exception of Part 222 which will only be 
applicable to sources located within the NYMA. These revisions will 
provide NOX and PM2.5 emission reductions 
statewide and will address, in part, attainment of the 2008 and 2015 8-
hour Ozone Standards within the NYMA and maintain New York State's 
attainment of the PM NAAQS.

[[Page 4532]]

IV. What is the EPA's evaluation of Part 219, ``Incinerators''?

A. Background

    The NYSDEC revised 6 NYCRR Part 219, by repealing and replacing 6 
NYCRR Subpart 219-4, ``Human and Animal Crematories,'' to better 
reflect the current state of cremation technology and reduce emissions 
of PM from new animal and human crematories constructed in the state. 
New York also repealed and reserved 6 NYCRR Subparts 219-5 and 219-6, 
requiring the existing units subject to these requirements comply with 
the more stringent standards under the revised 6 NYCRR Subpart 219-4 
(Subpart 219-4). New York also revised 6 NYCRR Subpart 219-1 (Subpart 
219-1) and Part 200, Section 200.9 to clarify various definitions used 
throughout Part 219. In addition, New York is adding a new 6 NYCRR 
Subpart 219-10, ``Reasonably Available Control Technology (RACT) for 
Oxides of Nitrogen (NOX) at Municipal and Private Solid 
Waste Incineration Units'' (Subpart 219-10), to impose 24-hour and 
annual average RACT NOX emission limits for private and 
municipal waste combustion units.

B. What are the new requirements of Part 219?

    NYSDEC revised Subpart 219-1 and Part 200, Section 200.9 to 
incorporate minor edits to definitions used throughout Part 219, in 
order to provide clarity to applicable owners or operators. The newly 
revised Subpart 219-4 applies to all new, modified, and existing 
cremation units used for the cremation of human and animal remains 
throughout the New York State. Under this regulation, owners and 
operators of applicable cremation units must comply with the PM 
emission limitations and operating requirements. 6 NYCRR Section 219-
4.1 was revised to add definitions for existing, modified, and new 
cremation units. 6 NYCRR Section 219-4.2 was revised to address that 
Subpart 219-4 is applicable to all new, modified, and existing 
cremation units used for animal and human remains.
    6 NYCRR Section 219-4.3 was revised to implement the PM emission 
limits for new, modified, and existing cremation units. Under Section 
219-4.3, no owner or operator may cause or allow emissions of 
particulates into the outdoor atmosphere from an existing cremation 
unit to exceed 0.08 grains per dry standard cubic foot of flue gas 
(0.08 gr/dscf), corrected to 7 percent oxygen. And no person may cause 
or allow emissions of particulates into the outdoor atmosphere from a 
new or modified cremation unit to exceed 0.05 gr/dscf, corrected to 7 
percent oxygen.
    Under 6 NYCRR Section 219-4.4, the owner and operator of cremation 
units must comply with various operating requirements including: An 
opacity limit, a minimum secondary combustion chamber temperature and 
residence time during cremation, installation of an continuous 
temperature monitoring instruments and continuous recording 
requirement, a prohibition on the combustion of certain materials, 
preparation of a cremation certification form prior to cremation, and a 
prohibition on the charging of remains in excess of the manufacturer's 
rated capacity of the cremation unit.
    6 NYCRR Section 219-4.5 was revised to establish the emission 
testing and modeling requirements for cremation units. Owners or 
operators of affected cremation units must demonstrate compliance with 
this Subpart by either conducting onsite testing or stack testing. 6 
NYCRR Section 219-4.6 establishes operator training and certification 
requirements for crematory operators. 6 NYCRR Section 219-4.7 outlines 
the annual inspection and maintenance requirements for the cremation 
units. 6 NYCRR Section 219-4.8 describes the recording requirements for 
crematory facilities.
    6 NYCRR Section 219-4.9 was revised to describe the compliance 
schedule for existing cremation units that are subject to the 
requirements under Subpart 219-4. Section 219-4.9 outlines that owner 
or operator of an existing cremation unit must obtain appropriate 
operator certifications, as described in 6 NYCRR Section 219-4.6, 
within 12 months of the effective date of 6 NYCRR Subpart 219-4 for 
each uncertified operator at the facility. Owners and operators also 
must demonstrate compliance with the requirements of this Subpart no 
later than 60 months from the effective date of 6 NYCRR Subpart 219-4.
    New York has repealed and reserved 6 NYCRR Subparts 219-5 and 219-
6, requiring that the existing units subject to those requirements 
comply with the more stringent standards under the new Subpart 219-4.
    Subpart 219-10 is new and applies to all new, modified, and 
existing municipal and private solid waste incineration units. 6 NYCRR 
Section 219-10.2 establishes the 24-hour and annual average 
NOX emissions limitation and describes the procedures that 
affected facilities can use to demonstrate that they have installed 
RACT.\2\ Both the 24-hour and annual average NOX emission 
limits vary between the combustion technology utilized by the owner or 
operator. Incineration units that utilize Mass Burn Waterwall or Rotary 
Combustor technology must comply with presumptive RACT limits, while 
owners or operators of other combustion technologies must perform a 
facility-specific RACT analysis. The analysis must include proposed 24-
hour and annual average NOX emission limitations, the 
available NOX control technology, the projected 
effectiveness of the technologies considered, and the costs for 
installations and operation for each of the technologies. The RACT 
analysis was to be submitted to the NYSDEC by June 30, 2021. Approved 
RACT determinations will be submitted by the NYSDEC to the EPA for 
approval as separate SIP revisions.
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    \2\ The NOX emission limits are on a parts per 
million dry volume basis (ppmvd), corrected to 7% oxygen.
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    6 NYCRR Section 219-10.3 outlines the compliance demonstration for 
the owners or operators of a municipal or private solid waste 
incineration unit subject to this Subpart. Under 6 NYCRR Section 219-
10.3, owners or operators of a municipal or private solid waste 
incineration applicable to this Subpart must demonstrate compliance 
within one year of the date of issuance of a permit modification issued 
pursuant to the requirements of this Subpart. Owners or operators 
applicable to this shall install, calibrate, maintain, and operate a 
Continuous Emissions Monitoring System (CEMS) for measuring the oxides 
of nitrogen discharged to the atmosphere from the municipal or private 
solid waste incineration units.

C. What is EPA's evaluation?

    The EPA reviewed both New Jersey and Connecticut's PM emission 
limits for human and animal cremation units and compared those limits 
with the limits adopted by NYSDEC in this rule.\3\ The EPA has observed 
that New York's PM limits are more stringent than both New Jersey and 
Connecticut's for similar crematory technologies.
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    \3\ Title 7, Chapter 27, Subchapter 11 of New Jersey's 
Incinerator regulation provides PM emission rates for various types 
of Incinerators. See https://www.nj.gov/dep/aqm/currentrules/Sub11.pdf. Section 22a-174-18 of Connecticut's regulations provides 
controls for PM and visible emissions from existing incinerators. 
See https://eregulations.ct.gov/eRegsPortal/Browse/RCSA/Title_22aSubtitle_22a-174Section_22a-174-18/.
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    The EPA has also reviewed New Jersey and Connecticut's 
NOX emission limits for municipal and private solid waste 
incineration units with similar

[[Page 4533]]

combustion technology and compared those limits with the limits adopted 
by NYSDEC in this rule.\4\ The EPA observed that Connecticut adopted 
similar RACT emission limits, on a 24-hour average, for Mass Burn 
Waterwall combustors. The EPA also observed that NOX 
emission limits outlined within New York's rule will be as stringent as 
New Jersey's for similar combustion technologies.
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    \4\ Title 7, Chapter 27, Subchapter 19 of New Jersey's 
NOX RACT regulation provides NOX emission 
rates for Municipal Waste Combustors. See https://www.nj.gov/dep/aqm/currentrules/Sub19.pdf. Section 22a-174-38 of Connecticut's 
regulations provides NOX emission limits for Municipal 
Waste Combustors. See https://eregulations.ct.gov/eRegsPortal/Browse/RCSA/Title_22aSubtitle_22a-174Section_22a-174-38/.
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    The EPA has reviewed New York's SIP submittal, which seeks to 
incorporate revisions to 6 NYCRR Part 219, ``Incinerators. After 
evaluating Part 219 for consistency with the CAA, EPA regulations, and 
EPA policy, the EPA proposes to find that the submission fully 
addresses the ozone nonattainment requirement found in CAA Section 172, 
42 U.S.C. Section 7502, and proposes to approve this revision. The EPA 
also proposes that the submission addresses the PM requirements found 
in CAA Section 175A, 42 U.S.C. Section 7505a.

V. What is the EPA's evaluation of Part 222, ``Distributed Generation 
Sources''?

A. Background

    New York revised Part 222 to impose more stringent NOX 
control requirements on sources operated as part of demand response 
programs or designated as price-responsive ``economic'' generation 
sources in New York City, Long Island, and Rockland and Westchester 
counties. Distributed Generation (DG) units enrolled within demand 
response programs are often low-level NOX controlled diesel-
fired engines that contribute significant NOX emissions 
within the NYMA during High Electrical Demand Days. The revisions to 
Part 222 essentially entail control requirements beginning in 2021 with 
additional phased-in control requirements beginning in 2025. Both 
control requirements will increase the stringency of emissions limits 
for these engines used in non-emergency applications.

B. What are the new requirements of Part 222?

    Part 222 was revised to include revisions of several definitions, a 
change in application and permitting requirements, a change in control 
requirements for economic dispatch sources, and revisions to emission 
testing and recordkeeping. DG sources are stationary reciprocating or 
rotary internal combustion engines used by host facilities or sites to 
supply electricity into the distribution grid or produce electricity 
for use at the host facilities or both. This includes, but is not 
limited to, emergency power generation stationary internal combustion 
engines and demand response sources. The demand response program is an 
emergency program sponsored by the New York Independent System Operator 
(NYISO) or distribution utilities in New York to call upon owners of 
low-level NOX controlled distributed generation engines to 
generate electricity for host facilities on high demand days, to reduce 
demand on the electrical grid and preserve its reliability. Economic 
dispatch sources are defined as distributed generation sources used to 
provide electricity for general use to a building, structure, or 
collection of structures in place of electricity supplied by the 
distribution utilities. Economic dispatch sources are also considered 
as price-responsive generation sources which are distributed generation 
sources used to provide electricity for short periods of time when the 
cost of electricity supplied by the distribution utility is high. The 
revised Part 222 applies to owners and operators of distributed 
generation sources classified as economic sources located within the 
NYMA with a maximum mechanical output rating of 200 horsepower (hp) or 
greater where the potential to emit of NOX at a facility is 
less than 25 tons/year.
    6 NYCRR Section 222.1 was revised to incorporate the applicability 
of Part 222. 6 NYCRR Section 222.2 was revised to amend the definitions 
that apply to this Part, which include: Compression ignition, demand 
response program, demand response source, demand response event, 
distribution utility, distributed generation source, economic dispatch 
source, lean burn engine, maximum load relief, model year, rich burn 
engine, spark ignition, and three-way catalyst controls. The 
definitions of Part 200, as well as 6 NYCRR Subpart 200.1 and Subpart 
201-2 of still apply to Part 222 unless they are inconsistent with the 
definitions outlined within 6 NYCRR Section 222.2.
    6 NYCRR Section 222.3 was revised to specifically require owners or 
operators of a distributed generation source to obtain a permit or 
registration certificate in accordance with 6 NYCRR Part 201 prior to 
the operation as an economic dispatch source. The revisions also 
require owners or operators to notify NYSDEC, in writing by March 15, 
2021 or 30 days prior to operating, whichever is later, their 
distributed generation source as an economic dispatch source.
    6 NYCRR Section 222.4 (Section 222.4) was revised to implement the 
control requirements of economic dispatch sources that will be subject 
to Part 222. Effective May 1, 2021, depending upon the engine and fuel 
type, economic dispatch sources must comply with presumptive 
NOX emission limits, or at least be a model year of 2000, or 
must be equipped with control technology (Phase One).\5\ As of May 1, 
2025, the second and final phase of NOX emission limits for 
economic dispatch sources will become effective. Depending on the 
engine and fuel type, owners and operators must comply with more 
stringent NOX emission limits than the Phase One limits. 
Section 222.4 allows owners or operators of impacted sources to request 
an extension of the compliance date for the 2025 NOX control 
requirements in Part 222. Owners or operators that request additional 
time to install controls or install new engines or turbines must 
provide evidence to NYSDEC; in any case, the extension may not exceed 
two years beyond the 2025 compliance date. Also, emission test reports 
that demonstrate compliance with the control requirements outlined in 
Section 222.4 must be submitted and approved by NYSDEC before a 
distributed generation source may be operated as an economic dispatch 
source on or after May 1, 2025.
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    \5\ Model year is defined within Part 222 as the calendar year 
in which the engine was originally produced; or the annual new model 
production period of the engine manufacturer if it is different than 
the calendar year.
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    6 NYCRR Section 222.5 was revised to require owners or operators to 
submit the emission test reports outlined in Section 222.4. This 
section also describes how the emission test reports must be submitted, 
the emission test methods, and additional protocols required.
    6 NYCRR Section 222.6 (Section 222.6) was revised to include the 
recordkeeping provisions required by owners and operators subject to 
Part 222. NYSDEC may enter a facility during normal operating hours to 
inspect an economic dispatch source subject to the requirements of Part 
222, and inspect any records, papers, logbooks, and operational data 
maintained pursuant to Part 222. Facilities subject to Part 222 must 
also maintain records regarding hours of operation and fuel use for a 
period of five years. Section 222.6 also requires that owners or 
operators to conduct

[[Page 4534]]

stack testing to demonstrate compliance with the emission standards 
detailed in Part 222 for economic dispatch sources that will operate on 
May 1, 2025 and beyond.

C. What is EPA's evaluation?

    New York has revised Section 222.4 (control requirements) to 
require more stringent NOX emission limits on sources used 
in demand response programs or designated as economic dispatch sources 
in the NYMA. New York has estimated that once the phased-in controls 
requirements are implemented by the May 1, 2025 compliance date, actual 
NOX emissions in the State will be reduced by 5 tons per 
day. The following summarizes the revised control requirements from 
Section 222.4 that are expected to result in NOX reductions 
beginning on May 1, 2025:
    [ssquf] For combustion turbines firing natural gas, presumptive 
NOX emission limits are reduced to 25 parts per million on a 
dry volume basis corrected to 15 percent oxygen.
    [ssquf] For combustion turbines firing oil, presumptive 
NOX emission limits are reduced to 42 parts per million on a 
dry volume basis corrected to 15 percent oxygen.
    [ssquf] For spark ignition engines firing natural gas, presumptive 
NOX emission limits are reduced to 1.0 grams per brake 
horsepower-hour.
    [ssquf] For compression-ignition engines firing distillate oil with 
nameplate rating less than 750 hp, presumptive NOX emission 
limits are reduced to 0.30 grams per brake horsepower-hour.
    [ssquf] For compression-ignition engines firing distillate oil with 
nameplate rating greater than or equal to 750 hp, presumptive 
NOX emission limits are reduced to 0.50 grams per brake 
horsepower-hour.
    The EPA believes that the new presumptive emission limits and other 
control requirements will result in additional NOX 
reductions throughout the State thereby strengthening New York's ozone 
SIP and will help the State reach attainment for the 2008 and 2015 
ozone standards.
    The EPA agrees with New York's evaluation that the newly-adopted 
regulation will lead to an estimated reduction of 3.5 tons per day in 
2021 and 5 tons per day by 2025 for demand response sources. A 3.5 or 5 
ton per day reduction in NOX emissions is a necessary step 
towards meeting New York's obligation under Section 110 of the CAA. 
This reduction will result in NOX reductions throughout the 
NYMA, strengthen New York's ozone SIP, and help the State reach 
attainment for the 2008 and 2015 ozone NAAQS. The EPA evaluated the 
provisions of Part 222 for consistency with the CAA, EPA regulations, 
and EPA policy and proposes to find that the submission fully addresses 
the ozone nonattainment requirements found in CAA Section 172, 42 
U.S.C. 7502, and proposes to approve this revision.

VI. What other revisions did New York make?

    New York also made administrative changes to Part 200 (``General 
Provisions'') which reflect the revisions to Part 219 and Part 222 
discussed above. Specifically, the revisions to Part 200 will add new 
references in Section 200.9, ``Referenced Material'', Table 1. The 
revisions to Table 1 of Section 200.9 include all documents referenced 
in New York's amendments to Part 219 and Part 222. It is important to 
note that EPA is proposing to approve only those respective revisions 
made to Part 200, specifically Section 200.9 as amended on March 14, 
2020 and March 25, 2020.

VII. What is the EPA's conclusion?

    The EPA evaluated New York's submittal for consistency with the 
Act, EPA regulations, and EPA policy. EPA proposes that the revisions 
discussed above (6 NYCRR Part 200, ``General Provisions'', Part 219, 
``Incinerators,'' and Part 222, ``Distributed Generation Sources,'' 
with effective dates of March 14, 2020 and March 25, 2020, 
respectively) meet the SIP requirements of the Act. The EPA is 
proposing to approve Part 219 and Part 222. The EPA is also proposing 
to approve attendant revisions to Part 200, Section 200.9, ``General 
Provisions, Reference material. These revisions meet the requirement of 
the Act and EPA's regulations, and are consistent with EPA guidance and 
policy. EPA is taking this action pursuant to Section 110 and Part D of 
the Act and EPA's regulations.

VIII. Incorporation by Reference

    In this document, the EPA is also proposing to incorporate by 
reference NYSDEC rules discussed in sections IV and V of this preamble 
in accordance with the requirements of 1 CFR 51.5. The EPA has made and 
will continue to make these materials available through the docket for 
this action, EPA-R02-OAR-2021-0572, at https://regulations.gov, and at 
the EPA Region II Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

IX. 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. See 42 U.S.C. 7410(k); see also 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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 Order 
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 (2 U.S.C. 1501);
     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 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where 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 will not impose

[[Page 4535]]

any substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen Dioxide, Intergovernmental Relations, Incorporation 
by Reference, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Waste treatment and disposal.

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

    Dated: January 24, 2022.
Lisa F. Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-01784 Filed 1-27-22; 8:45 am]
BILLING CODE 6560-50-P


