Proposed Rule2022-22400
Approval of Air Quality Implementation Plans; New York; Fuel Composition and Use
Primary source
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Published
October 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the New York State Implementation Plan (SIP) concerning the control and reduction of sulfur and particulate matter emissions from facilities in New York State. The proposed SIP revision consists of amendments to regulations outlined within New York's Codes, Rules and Regulations (NYCRR) for sulfur in fuel limits. The intended effect of this revision is to approve control strategies, required by the Clean Air Act, which will result in emission reductions that will help attain and maintain National Ambient Air Quality Standards (NAAQS) for fine particulate matter and sulfur dioxide emissions throughout New York State. Additionally, the proposed revisions will establish applicability criteria, composition limits and permitting requirements for waste oils; establish monitoring, recordkeeping and reporting requirements for facilities that are determined eligible to burn waste oil; and allow for the burning of waste oils in space heaters at automotive maintenance/service facilities.
Full Text
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<title>Federal Register, Volume 87 Issue 205 (Tuesday, October 25, 2022)</title>
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[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Proposed Rules]
[Pages 64428-64429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22400]
[[Page 64428]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2021-0361, FRL-10180-01-R2]
Approval of Air Quality Implementation Plans; New York; Fuel
Composition and Use
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the New York State Implementation Plan (SIP)
concerning the control and reduction of sulfur and particulate matter
emissions from facilities in New York State. The proposed SIP revision
consists of amendments to regulations outlined within New York's Codes,
Rules and Regulations (NYCRR) for sulfur in fuel limits. The intended
effect of this revision is to approve control strategies, required by
the Clean Air Act, which will result in emission reductions that will
help attain and maintain National Ambient Air Quality Standards (NAAQS)
for fine particulate matter and sulfur dioxide emissions throughout New
York State. Additionally, the proposed revisions will establish
applicability criteria, composition limits and permitting requirements
for waste oils; establish monitoring, recordkeeping and reporting
requirements for facilities that are determined eligible to burn waste
oil; and allow for the burning of waste oils in space heaters at
automotive maintenance/service facilities.
DATES: Written comments must be received on or before November 25,
2022.
ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2021-0361, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through <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 withdrawn. 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, such as the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Nicholas Ferreira, Environmental
Protection Agency, Air Programs Branch, Region 2, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3127, or by email at
<a href="/cdn-cgi/l/email-protection#4b2d2e39392e22392a652522282324272a380b2e3b2a652c243d"><span class="__cf_email__" data-cfemail="e284879090878b9083cc8c8b818a8d8e8391a2879283cc858d94">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. The EPA's Evaluation of New York's Submittal
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
The EPA is proposing to approve New York's SIP submittal consisting
of revisions to Title 6 of the New York Codes, Rules and Regulations (6
NYCRR) subpart 225-1, ``Fuel Composition and Use--Sulfur Limitations,''
which imposes limits on the sulfur content of distillate oil, residual
oil, and coal fired in stationary sources and regulates the burning of
waste oils in combustion, incineration, and process sources throughout
New York State. In addition, the EPA is proposing to approve revisions
to 6 NYCRR subpart 225-2, ``Fuel Composition and Use,'' and an
attendant revision made to 6 NYCRR part 200, ``General Provisions,''
that moves the definition for ``residual oil'' from subpart 225-2, now
entitled, ``Fuel Consumption and Use--Waste Oil as a Fuel,'' to part
200. The EPA is proposing to approve these revisions, requested by New
York, to strengthen the effectiveness of New York's SIP.
II. The EPA's Evaluation of New York's Submittal
On August 26, 2020, the New York State Department of Environmental
Conservation (NYSDEC) submitted to the EPA proposed SIP revisions to 6
NYCRR part 225, ``Fuel Composition and Use,'' subpart 225-2, now
entitled, ``Fuel Composition and Use--Waste Oil as a Fuel,'' and
attendant revisions to part 200, ``General Provisions,'' sections
200.1, ``Definitions,'' and section 200.9, ``Referenced material''. The
attendant revisions to 6 NYCRR part 200, ``General Provisions,''
section 200.9, Table 1, ``Referenced material,'' for 6 NYCRR subpart
225-2 have been addressed under a separate rulemaking at 87 FR 52337,
effective September 26, 2022. Additionally, on March 2, 2021, NYSDEC
submitted to the EPA proposed SIP revisions to 6 NYCRR part 225, ``Fuel
Composition and Use,'' subpart 225-1, ``Fuel Composition and Use--
Sulfur Limitations''. Each proposed SIP revision submitted to the EPA
provided supplemental materials and the NYSDEC's responses to public
comments. These materials are in the EPA's docket for this proposal.
Revisions to Parts 225 and 200
The EPA is proposing to approve revisions to parts 225 and 200. The
revisions to part 225 apply to fuel composition and use, and limits the
sulfur content of distillate oil, residual oil, and coal fired in
stationary sources and regulates the burning of waste oils in
combustion, incineration, and process sources throughout New York. The
EPA proposes to approve these revisions to strengthen New York's
SIP.\1\
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\1\ The NYSDEC revised subpart 225-1 to impose limits on the
sulfur content of distillate oil, residual oil, and coal fired in
stationary source and revised subpart 225-2 which establishes
applicability criteria, composition limits, and permitting
requirements for waste oils; establishes monitoring, recordkeeping,
and reporting requirements for facilities that are determined
eligible to burn waste oil; and allows for the burning of waste oils
in space heaters at automotive maintenance/service facilities.
Subpart 225-2 has also been renamed ``Fuel Composition and Use--
Waste Oil as Fuel''.
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The revisions to subpart 225-1, ``Fuel Composition and Use--Sulfur
Limitations,'' will add process sources and incinerators as stationary
emission sources to which these revisions will apply throughout New
York State. The revisions also lower the sulfur-in-fuel limit for waste
oil and correct minor typographical errors. The revisions remove 6
NYCRR subdivision 225-1.3(e) which had stated that, pursuant to Section
117 of Article 5 of the Energy Law, the Governor may pre-empt the
requirements of 6 NYCRR subpart 225-1 if an energy or fuel supply
emergency
[[Page 64429]]
is declared. Finally, the revisions will remove paragraph 225-1.4(c)(2)
which New York indicated, in the January 20, 2021 Notice of Adoption,
was contradictory and less stringent than the sulfur-in-fuel
requirements of the table in subdivision 225-1.2(b) of this subpart.
The revisions to subpart 225-2 that the EPA is proposing to
approve, ``Fuel Composition and Use--Waste Oil As A Fuel,'' simplify
and streamline implementation of the regulation by eliminating obsolete
regulatory references; correcting typographical errors; updating the
regulation's waste oil constituent limits; removing outdated work
practices; expanding the number of facilities eligible to burn waste
oil; updating the permitting process to include monitoring,
recordkeeping, and reporting requirements, thus aligning it with part
201 and Title V criteria found in the Clean Air Act; and moving the
definition of ``residual oil'' from existing subpart 225-2 to part 200.
The existing SIP version of subpart 225-2 also contains references to
liquid waste transportation regulations that no longer apply and need
to be removed from the SIP. NYSDEC also now includes arsenic (5 ppm),
cadmium (2 ppm), and chromium (10 ppm) and their corresponding limits
in Table 1 of Proposed Subpart 225-2. The NYSDEC has removed the
ninety-nine (99) percent combustion efficiency requirement. The revised
subpart 225-2 no longer addresses the burning of chemical waste and
``off-spec'' waste oils (i.e., Waste fuel B) that do not meet the
limitations specified in Table 1 of existing subpart 225-2. Instead,
burning chemical waste and off-spec waste oils is regulated under 6
NYCRR part 212, Process Operations or 6 NYCRR parts 370-376 as
appropriate. New York State's subpart 225-2 revisions clarify the
regulation's process for the burning of waste oil while removing the
term ``waste fuel.''
III. Proposed Action
The EPA proposes to approve the revisions to 6 NYCRR subpart 225-2,
``Fuel Composition and Use,'' attendant revisions to part 200,
``General Provisions,'' section 200.1, ``Definitions,'' and revisions
to 6 NYCRR part 225, ``Fuel Consumption and Use,'' subpart 225-1,
``Fuel Composition and Use--Sulfur Limitations'', with State effective
dates of April 2, 2020 (subpart 225-2 and section 200.1) and February
4, 2021 (part 225-1), into New York's SIP, in order to strengthen
enforcement of the State's air pollution control regulations. The
attendant revisions to 6 NYCRR part 200, ``General Provisions,''
section 200.9, Table 1, ``Referenced material,'' for 6 NYCRR subpart
225-2 have been addressed under a separate rulemaking at 87 FR 52337,
effective September 26, 2022. The EPA is soliciting public comments on
the issues discussed in this proposed rulemaking action. These comments
will be considered before taking final action.
IV. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference revisions to 6 NYCRR part 225, ``Fuel Composition and Use,''
subpart 225-2, ``Fuel Composition and Use,'' attendant revisions to
part 200, ``General Provisions,'' section 200.1, ``Definitions,'' and 6
NYCRR part 225, ``Fuel Composition and Use,'' subpart 225-1, ``Fuel
Composition and Use--Sulfur Limitations,'' as described in Section II.
and III. of this preamble. The EPA has made, and will continue to make,
these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at
the EPA Region 2 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
V. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the 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 (Pub. L. 104-4);
<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 proposing 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 proposed 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).
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-22400 Filed 10-24-22; 8:45 am]
BILLING CODE 6560-50-P
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