Proposed Rule2022-01784
Approval and Promulgation of Implementation Plans; New York; Ozone and Particulate Matter Controls Strategies
Primary source
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Published
January 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 (NO<INF>X</INF>). 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 NO<INF>X</INF>. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 (NO<INF>X</INF>). 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 NO<INF>X</INF>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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]]
<a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
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
<a href="/cdn-cgi/l/email-protection#71251007140310025f37100402051e311401105f161e07"><span class="__cf_email__" data-cfemail="b7e3d6c1d2c5d6c499f1d6c2c4c3d8f7d2c7d699d0d8c1">[email protected]</span></a>.
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 NO<INF>X</INF> 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
NO<INF>X</INF> 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 PM<INF>10</INF> 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 PM<INF>2.5</INF> NAAQS to 35 [micro]g/m\3\. See 71 FR 61144. On
November 13, 2009, the EPA promulgated designations for the revised 24-
hour PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS. See 79
FR 21857.
On December 14, 2012, the EPA promulgated a revised primary NAAQS
for PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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
PM<INF>2.5</INF> 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 NO<INF>X</INF> and PM<INF>2.5</INF> 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 (NO<INF>X</INF>) at Municipal and Private Solid
Waste Incineration Units'' (Subpart 219-10), to impose 24-hour and
annual average RACT NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> emission limitations, the
available NO<INF>X</INF> 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 NO<INF>X</INF> 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 <a href="https://www.nj.gov/dep/aqm/currentrules/Sub11.pdf">https://www.nj.gov/dep/aqm/currentrules/Sub11.pdf</a>. Section 22a-174-18 of Connecticut's regulations provides
controls for PM and visible emissions from existing incinerators.
See <a href="https://eregulations.ct.gov/eRegsPortal/Browse/RCSA/Title_22aSubtitle_22a-174Section_22a-174-18/">https://eregulations.ct.gov/eRegsPortal/Browse/RCSA/Title_22aSubtitle_22a-174Section_22a-174-18/</a>.
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The EPA has also reviewed New Jersey and Connecticut's
NO<INF>X</INF> 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 NO<INF>X</INF>
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
NO<INF>X</INF> RACT regulation provides NO<INF>X</INF> emission
rates for Municipal Waste Combustors. See <a href="https://www.nj.gov/dep/aqm/currentrules/Sub19.pdf">https://www.nj.gov/dep/aqm/currentrules/Sub19.pdf</a>. Section 22a-174-38 of Connecticut's
regulations provides NO<INF>X</INF> emission limits for Municipal
Waste Combustors. See <a href="https://eregulations.ct.gov/eRegsPortal/Browse/RCSA/Title_22aSubtitle_22a-174Section_22a-174-38/">https://eregulations.ct.gov/eRegsPortal/Browse/RCSA/Title_22aSubtitle_22a-174Section_22a-174-38/</a>.
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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 NO<INF>X</INF>
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 NO<INF>X</INF> controlled diesel-
fired engines that contribute significant NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> emission limits for
economic dispatch sources will become effective. Depending on the
engine and fuel type, owners and operators must comply with more
stringent NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> reductions
beginning on May 1, 2025:
[ssquf] For combustion turbines firing natural gas, presumptive
NO<INF>X</INF> 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
NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF>
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 NO<INF>X</INF> emissions is a necessary step
towards meeting New York's obligation under Section 110 of the CAA.
This reduction will result in NO<INF>X</INF> 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 <a href="https://regulations.gov">https://regulations.gov</a>, 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
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</html>Indexed from Federal Register on January 28, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.