Proposed Rule2024-00748
Approval of Source-Specific Air Quality Implementation Plan; New York; Finch Paper LLC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 19, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the State of New York's State Implementation Plan (SIP) for the ozone National Ambient Air Quality Standard (NAAQS) related to a Source-specific SIP (SSSIP) revision for Finch Paper LLC, located at 1 Glen Street, Glens Falls, New York (Facility). The control options in this SSSIP revision address nitrogen oxide (NO<INF>X</INF>) Reasonably Available Control Technology (RACT) for the Facility sources identified as four power boilers, a wood waste boiler, and four recovery boilers. The intended effect of this SSSIP revision is to approve NO<INF>X</INF> RACT for the Facility sources required for implementation of the 2008 and 2015 ozone NAAQS. This proposed action will not interfere with ozone NAAQS requirements and meets all applicable requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 13 (Friday, January 19, 2024)</title>
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[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Proposed Rules]
[Pages 3620-3624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00748]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0714; FRL 11587-01-R2]
Approval of Source-Specific Air Quality Implementation Plan; New
York; Finch Paper LLC
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the State of New York's State Implementation Plan
(SIP) for the ozone National Ambient Air Quality Standard (NAAQS)
related to a Source-specific SIP (SSSIP) revision for Finch Paper LLC,
located at 1 Glen Street, Glens Falls, New York (Facility). The control
options in this SSSIP revision address nitrogen oxide (NO<INF>X</INF>)
Reasonably Available Control Technology (RACT) for the Facility sources
identified as four power boilers, a wood waste boiler, and four
recovery boilers. The intended effect of this SSSIP revision is to
approve NO<INF>X</INF> RACT for the Facility sources required for
implementation of the 2008 and 2015 ozone NAAQS. This proposed action
will not interfere with ozone NAAQS requirements and meets all
applicable requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before March 19, 2024.
ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2022-0714, 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="http://www.regulations.gov">http://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: Linda Longo, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3565, or by email at
<a href="/cdn-cgi/l/email-protection#4d2122232a2263212423292c0d283d2c632a223b"><span class="__cf_email__" data-cfemail="c8a4a7a6afa7e6a4a1a6aca988adb8a9e6afa7be">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: For additional information on regulatory
background and the EPA's technical findings relating to the Facility
RACT, the reader can refer to the Technical Support Document (TSD) that
is contained in the EPA docket assigned to this Federal Register
document.
Table of Contents
I. Background
II. The EPA's evaluation of New York's SSSIP revision
III. Environmental Justice Considerations
IV. Proposed action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
Ground Level Ozone Formation
Ground level ozone is predominantly a secondary air pollutant
created by chemical reactions that occur when ozone precursors,
including nitrogen oxides (NO<INF>X</INF>) and volatile organic
compounds (VOCs), chemically react in the presence of sunlight.\1\
Emissions
[[Page 3621]]
from industrial facilities are some of the human-caused sources of
ozone precursors. The potential for ground-level ozone formation tends
to be highest during months with warmer temperatures and stagnant air
masses. Ozone levels are thus generally higher during the summer
months, which are often referred to as ``the ozone season''. In New
York, the ozone season takes place between April 15 and October 15,
while the non-ozone season takes place between October 16 and April 14.
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\1\ Primary standards provide public health protection,
including protecting the health of ``sensitive'' populations such as
asthmatics, children, and the elderly. Secondary standards provide
public welfare protection, including protection against decreased
visibility and damage to animals, crops, vegetation, and buildings.
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Ozone Nonattainment
Nonattainment for ground level ozone is defined as a geographic
area of the United States that is not meeting the primary or secondary
National Ambient Air Quality Standard (NAAQS) for ozone. Nonattainment
areas are classified as either marginal, moderate, serious, severe, or
extreme. Currently, the EPA has two ozone NAAQS in effect. First, on
March 12, 2008, the EPA promulgated a revision to the ozone NAAQS,
lowering both the primary and secondary standards to 75 parts per
million (ppm) averaged over an 8-hour time frame (2008 8-hour Ozone
Standard). See 73 FR 16436 (March 27, 2008). Second, on October 1,
2015, the EPA lowered these standards once more to 70 ppm averaged over
an 8-hour time frame (2015 8-hour Ozone Standard). See 80 FR 65292
(October 26, 2015).
The State of New York has two ozone nonattainment areas: (1)
Jamestown, and (2) the New York Metro Area \2\ for the Bronx County,
Kings County, Nassau County, New York County, Queens County, Richmond
County, Rockland County, Suffolk County, Westchester County. The State
of New York is also located within the Ozone Transport Region (OTR)
that triggers statewide RACT requirements. Although the Facility is not
located in one of the two nonattainment areas, because it is in the
OTR, the Facility is subject to RACT requirements.
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\2\ The New York Metro Area is part of the greater nonattainment
area: New York-N. New Jersey-Long Island, NY-NJ-CT.
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Federal RACT Requirements
RACT is defined as the lowest emission limit that a source is
capable of meeting by the application of control technology that is
reasonably available considering technological and economic
feasibility. The CAA section 182, Plan Submissions and Requirements,
requires states with ozone nonattainment areas to include in their
statewide SIPs, among other things, provisions to require the
implementation of RACT. The State of New York is located within the
OTR, which triggers the statewide RACT requirements. The CAA section
184(a) addresses RACT requirements for nonattainment areas located in
the OTR and the CAA section 176A sets forth requirements to establish
control measures for NO<INF>X</INF> RACT for major sources located in
the OTR. The EPA has not generally prescribed RACT requirements. The
EPA has provided that RACT for a particular source is determined on a
case-by-case basis, considering the technological and economic
circumstances of the individual source.
NYSDEC RACT Requirements
The New York State Department of Environmental Conservation
(NYSDEC) RACT regulations require applicable facilities to meet
presumptive RACT requirements. The presumptive requirements may
include, but are not limited to, emission limits, control efficiency
requirements, specific control technologies, averaging plans, and fuel/
raw material switching. In some instances, the presumptive RACT
requirements may not be achievable and a source-specific RACT
determination can be granted by the state and submitted to the EPA as a
SSSIP. The SSSIP will include the facility's RACT plan that
demonstrates how RACT might be achievable. The SSSIP will also include
CAA title V operating permit conditions for the RACT requirements.
These permit conditions for the facility will become Federally
enforceable upon EPA approval of the SSSIP.
The RACT determination required under existing NYSDEC RACT
regulations assess all technologically feasible control options that
meet the state's cost threshold. The cost threshold for NYSDEC RACT
requirements is found under the NYSDEC 2013 policy, ``DAR-20 Economic
and Technical Analysis for Reasonably Available Control Technology
(RACT).'' Under this policy, facilities must consider in their RACT
determinations technologies that achieve a dollar amount per ton of
NO<INF>X</INF> removed which includes an inflation-adjusted economic
threshold.\3\
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\3\ The DAR-20 cost threshold was $3000 in 1994 dollars. State
of New York relies on the U.S. Department of Labor, Bureau of Labor
Statistics inflationary calculator to adjust the RACT economic
feasibility threshold over time for inflation. See <a href="https://www.bls.gov/data/inflation_calculator.htm">https://www.bls.gov/data/inflation_calculator.htm</a>.
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II. The EPA's Evaluation of New York's SSSIP Revision
This action relates to a SSSIP revision that concerns a Facility
that produces paper products. The paper manufacturing processes include
pulp preparation, paper machines, acid recovery, bleaching operations,
and wastewater facilities. The sources at issue in this action are the
Facility's four power boilers, one wood-waste boiler, and four recovery
boilers. NYSDEC RACT regulations establish presumptive RACT
requirements for these sources in (1) 6 NYCRR part 227, ``Stationary
Combustion Installations'', subpart 227-2, ``Reasonably Available
Control Technology for Major Facilities of Oxides of Nitrogen'', last
approved by the EPA on July 12, 2013. See 78 FR 41846 (July 12, 2013);
and (2) 6 NYCRR part 212, ``Process Operations'', subpart 212-3,
``Reasonably Available Control Technology for Major Facilities'', last
approved by the EPA on October 1, 2021. See 87 FR 54375 (October 1,
2021). However, the State regulations allow determination of source-
specific RACT if the presumptive RACT requirements are not achievable;
such a determination must be submitted to the EPA as a SSSIP.
This SSSIP was submitted by NYSDEC on May 24, 2022, and it replaces
and withdraws the SSSIP that was submitted by the State on September
16, 2008. As to this more recent SSSIP submittal, the EPA has reviewed
the RACT determination for the four power boilers, one wood-waste
boiler, and four recovery boilers for consistency with the CAA and the
EPA regulations, as interpreted through EPA actions and guidance.
The intended effect of this Source-specific SIP revision is to
establish: (1) Source-specific emission limits and RACT control options
for four large power boilers where the presumptive NO<INF>X</INF> limit
is not technologically and economically feasible; (2) a case-by-case
NO<INF>X</INF> emission limit for the wood waste boiler's biomass fuel;
and (3) NO<INF>X</INF> emission limits for four recovery boilers that
are not covered by other New York RACT regulations, and therefore must
follow 6 NYCRR part 212 as a process operation.
The EPA is proposing to determine through this SSSIP action that
the NO<INF>X</INF> emission limits submitted by the State in this SSSIP
for the Facility's boilers are the lowest emission limits with the
application of control technology that are reasonably available given
the technological and economic feasibility considerations. These
NO<INF>X</INF> RACT emission limits are contained in the Facility's
title V operating permit, 5-5205-00005/00059, under Condition 1-1,
Condition 47, and Condition 60 respectively. This operating permit was
issued by the State on December 20,
[[Page 3622]]
2021, modified on January 12, 2022, and expires on December 19, 2026.
The Facility submitted a RACT re-evaluation for these emission limits
and the NYSDEC reviewed and approved the emission limits as being RACT
for the sources. NYSDEC then submitted the Source-specific SIP revision
at issue in this action. The next step is this current source-specific
SIP revision process that the EPA is proposing to approve to make the
emission limits Federally enforceable.
The following is a summary of the EPA's analysis of how the
proposed NO<INF>X</INF> emission limits comprise RACT for the power
boilers, wood waste boiler and the recovery boilers.
Power Boilers, Permit Condition 1-1, Emission Unit 3-00000
The Facility's power boilers are subject to the presumptive limit
of 0.15 pounds NO<INF>X</INF> per million Btu (lb/MMBtu) and 1-hour
compliance averaging time found in NYSDEC RACT regulations under 6
NYCRR subpart 227-2.4(b) because they are categorized as large boilers
that burn gas/oil. The NYSDEC determined that the presumptive limit in
6 NYCRR subpart 227-2.4(b) is not technologically and economically
feasible for the power boilers. Therefore, the Facility is allowed
under 6 NYCRR 227-2.4(b)(2) to request a case-by-case higher emission
limit. Such a case-by-case higher limit can be approved if supported by
a RACT analysis, and then must be submitted to EPA for review as a SIP
revision. The Facility provided a RACT analysis dated February 2019 and
a RACT re-analysis dated May 2021 that includes, among other control
considerations, the use of fuel switching and the use of a system
averaging plan which are required under 6 NYCCR subpart 227-2.5(c). The
Facility's RACT analysis suggests a series of higher limits to meet
RACT for the power boilers based on time of year (ozone and non-ozone
season) and measured with a 30-day/24-hour compliance average, and not
the presumptive 1-hour compliance average.
NYSDEC reviewed the case-by-case analysis and determined that the
submitted emission limits did comprise RACT for the power boilers.
Specifically, NYSDEC approved the following source specific emission
limits after determining they comprised RACT for this source: (1)
Compliance measured using predictive emission monitoring system (PEMS)
for 0.225 NO<INF>X</INF> lb/MMBtu during the April 15 through October
15 ozone season with a 30-day average; (2) compliance measured using
PEMS for 0.275 NO<INF>X</INF> lb/MMBtu during the October 16 through
April 14 non-ozone season with a 30-day average; and (3) compliance
measured using PEMS for 0.378 NO<INF>X</INF> lb/MMBtu during the
October 16 through April 14 non-ozone season when recovery boilers are
not burning liquor or the wood waste boiler is down with a 24-hour
block average. The permit conditions for the three emission limits will
be calculated daily based on boiler steaming rates and emission rate
curves developed for each power boiler. These permit conditions allow
the facility to determine compliance with the alternate NO<INF>X</INF>
emission limits with averaging methods of 30-day, 24-hour block, that
differ from those imposed by 6 NYCRR 227-2.6(b)(3)(i)(c) for 1-hour.
EPA is proposing to also determine that these limits comprise RACT
for this source because: (1) The analysis developed by the source and
approved by the State demonstrate that the presumptive RACT limits
cannot be met; (2) the RACT analysis showed that no control technology
beyond what is currently used at the power boilers is technically and
economically feasible; (3) The power boilers do not operate at all
times because they are swing boilers that operate only when the
supporting boiler networks (wood waste and recovery) are operating
close to load capacity or when the boiler networks not in operation;
the power boilers are used to maintain steam rates for the paper
operations; (4) compliance will be determined using PEMS which has been
determined to be the equivalent to continuous emission monitoring
system (CEMS) for this source; (5) compliance will be based on a daily
calculation of the boiler steaming rates and emission rate curves
developed for each boiler averaged monthly; while the 30-day average is
a deviation from the presumptive 1-hour average, this is supported to
be RACT for this source as demonstrated in the case-by-case
justification. Further details explaining how EPA made these
determinations is provided in the TSD available in the docket for this
rulemaking.
Swing Function
The 4 power boilers (boiler Nos. 2, 3, 4, and 5) produce steam
during cold weather (non-ozone season) and have a non-ozone season load
limit with 0.375 lb/mmBtu NO<INF>X</INF> that does not apply during the
ozone season. In addition, the swing function of the power boilers
picks up the steam load when the wood waste boilers and the recovery
boilers operate close to their load capacity or when these boilers are
down for maintenance.\4\ The result is that the power boilers operate
below their load capacity during the ozone season because the demand
for steam to heat the paper process is low due to the warmer
temperatures in the summer months. The swing function helps maintain
the NO<INF>X</INF> emission limits by preventing power boilers from
reaching high loads.
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\4\ Refer to Technical Support Document (TSD) for description of
periods of required shutdown of Finch Paper boilers. See TSD section
VI.a, ``Scheduled shutdowns for boilers: 4 power, 1 wood waste, 4
recovery.''
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30-Day Averaging Time
The 30-day average is a deviation from the presumptive 1-hour
averaging time under subpart 227-2.4(b). Because of the ``swing''
function of the power boilers, the 1-hour averaging is not economically
or technologically feasible. As explained in the prior section and in
the TSD available in the docket for this rulemaking, based on the case-
by-case RACT analysis provided by the source, NYSDEC has determined,
and EPA is herein proposing to approve, the use of PEMS instead of CEMS
for the boilers. A PEMS calculates NO<INF>X</INF> on a daily basis
based on boiler steam rates and emission steam rate curves developed
for each boiler. Because the Facility demonstrated through a RACT
analysis that the prescribed 1-hour averaging time is not RACT for the
power boilers because they operate in a swing capacity, the NYSDEC
added a permit condition that allows the Facility to determine
compliance using PEMS based on averaging rates that differ from the
regulation's presumptive 1-hour method. The NYSDEC published an
Environmental Notice Bulletin on March 30, 2022, for this action that
provided the public an opportunity to comment and no public comments
were received.
Summary of RACT Controls
The power boilers No. 2 and No. 3 have been retrofitted with Low
NO<INF>X</INF> Burner (LNB) control technology. Power boilers No. 4 and
No. 5 currently have been upgraded to second generation LNB. While the
Facility has considered the application of a third generation LNB for
power boiler No. 4 and No 5, the third generation LNB would not provide
consistent or acceptable NO<INF>X</INF> reductions without major
retrofits to other mechanical aspects of the boiler system.\5\ The
geometry and configuration of the power boilers would likely preclude
any contractor from providing a warrantable guarantee
[[Page 3623]]
that the power boiler retrofit to third generation LNB would provide
satisfactory NO<INF>X</INF> reduction.
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\5\ A third generation LNB has more technology than a second
generation LNB.
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In order to determine what NO<INF>X</INF> control technologies
could potentially be considered as economically and technologically
achievable for the power boilers, the EPA reviewed the Reasonably
Available Control Technology/Best Available Control Technology/Lowest
Achievable Emission Rate Clearinghouse (RBLC).\6\ The EPA's review of
the RBLC reveals that two similar U.S. facilities, one each in Arizona
and Pennsylvania, have NO<INF>X</INF> controls that the Facility at
issue in this action either already implemented (i.e., pollution
prevention: decommission boiler, fuel switch) or are not achievable
based on the Facility boiler configurations (i.e., retrofit
limitations, vertical profile limitations). The EPA confirms that there
can be a wide range in performance and emission levels due to
differences in boiler design, capacity, and burner type. Furthermore,
the EPA confirms that the Facility's current boiler room and outside
roof configuration would not sustain additional boiler equipment such
that would be required for add on technology (e.g., high temperature
fans and ductwork) without major retrofits that have been demonstrated
in the RACT analysis to be over the regulatory cost threshold. For
details on cost analysis, refer to the TSD available in the docket for
this rulemaking.
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\6\ The RBLC contains case-specific information on the best
available air pollution technologies that have been required to
reduce the emission of air pollutants from stationary sources. See
<a href="https://cfpub.epa.gov/rblc/index.cfm?action=Search.BasicSearch&lang=en">https://cfpub.epa.gov/rblc/index.cfm?action=Search.BasicSearch&lang=en</a>.
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Wood Waste Boiler, Condition 47, Emission Unit 3-10000
The Facility operates one wood waste boiler, identified as boiler
No. 9, that primarily combusts wood waste and can fire natural gas. The
wood waste boiler is subject to 6 NYCRR subpart 227-2.4(b)(2). Wood is
not one of the approved fuel types under 6 NYCRR subpart 227-
2.4(b)(1)(ii) (i.e., gas, gas/oil, pulverized coal, or coal), so a
case-by-case RACT emission limit is needed for this source. In
addition, subpart 227-2.6(a) requires the operator to verify
NO<INF>X</INF> emissions by performing applicable testing (i.e., test
method 7E) to ensure the boiler continues to meet the appropriate
emission limit. Here, stack testing from 2020 established an emission
limit of 0.28 lbs of NO<INF>X</INF> emissions per MMBtu.
NYSDEC determined that the following emission limits comprise RACT
for the wood waste boiler: 0.28 lbs of NO<INF>X</INF> emissions per
MMBtu that emit through a separate stack. Emission testing to
demonstrate compliance will be performed pursuant to the requirements
under the boiler Maximum Achievable Control Technology (MACT) testing
occurs (every 3 years). The last MACT test was conducted by the
Facility in 2020. For this specific emission unit, MACT is more
stringent regarding emission control than RACT. Emission testing will
use test Method 7E for large boilers, Nitrogen Oxide Instrumental
Analyzer. Reporting requirement is twice a year. The wood waste boiler
No. 9 emits through a separate stack on the east side of the Facility's
power house building.
EPA believes that the proposed limit for the wood waste boiler
comprises RACT because the re-evaluated RACT analysis demonstrated that
no new control technologies have become available that would be
economically and technologically achievable for this boiler. Further
detail on this analysis is available in the TSD available in the docket
for this rulemaking.
Recovery Boilers, Condition 60, Emission Unit 3-20000
The Facility operates four recovery boilers (boiler IO, and Nos. 6,
7, 8) that have a primary purpose to burn spent sulfite cooking liquor
from the paper pulping process to recover sulfur dioxide and reuse it
to make more cooking liquor. The recovery boilers are subject to
Federally approved RACT regulations under 6 NYCRR part 212 because they
are a process source unlike the Facility's power boilers or wood waste
boiler which are combustion sources subject to part 227-2.
NYSDEC determined that the following emission limits comprise RACT
for the four recovery boilers: 464 parts per million (corrected to 7%
oxygen) that emit through a single common stack. The emission limit is
calculated on a monthly block average. NO<INF>X</INF> and oxygen are
monitored continuously with CEMS to calculate a NO<INF>X</INF> emission
rate. The recovery boilers currently have technically feasible control
strategies to minimize NO<INF>X</INF> formation which include daily
monitoring for opacity, a system wide NO<INF>X</INF> limit, and a CEMS.
In addition, the recovery boilers currently have emission control
equipment alternatives, absorbers, and mist eliminators.
EPA believes that the proposed limit for the recovery boilers
comprises RACT because the re-evaluated RACT analysis demonstrated that
costs for adding additional controls are beyond what is considered
economically feasible for purposes of RACT. Further detail on this
analysis is available in the TSD available in the docket for this
rulemaking.
III. Environmental Justice Considerations
The CAA and applicable implementing regulations neither prohibit
nor require an environmental justice evaluation and so the State of New
York did not evaluate environmental justice considerations as part of
its SSSIP submittal. The EPA performed an environmental justice
analysis for the purpose of transparency about this rulemaking to the
public and the analysis is not provided for the basis of this action.
The EPA created a Community Report (Report) using its EJ Screen,
Version 2.2. The Report is contained in the EPA docket assigned to this
Federal Register document.
The Report represents a 1-mile ring centered at the Facility. All
thirteen EJ Screen environmental indexes were considered for the
Report: (1) Particulate matter; (2) ozone; (3) diesel particulate
matter; (4) air toxics cancer risks; (5) air toxics respiratory health
index; (6) toxics releases to air; (7) traffic proximity; (8) lead
paint; (9) superfund proximity; (10) risk management plan (RMP)
facility proximity; (11) hazardous waste proximity; (12) underground
storage tanks; and (13) wastewater discharge. Both the EJ Indexes and
the Supplemental Indexes were verified using the thirteen environmental
indexes. The difference between the EJ and Supplemental indexes is that
the EJ Indexes combine data on low income and people of color
populations and the Supplemental Indexes combine data on percent low-
income, percent linguistically isolated, percent less than high school
education, percent unemployed, and low life expectancy. We analyze both
EJ Indexes and Supplemental Indexes because they offer different
perspectives on community level vulnerability based on different
factors. We also consider all environmental indexes since the effects
of different forms of pollution might accumulate upon each other. The
EPA uses the National percentile for the Report results and not the
State percentile since this SSSIP action is a Federal action. The EPA
brings to your attention any environmental index result that is 80
percentile or greater because environmental indexes at this level are
relatively high compared to the United States population. The
``percentile'' is what EJ Screen uses to compare the area of study to
national figures.
The Report results in no National EJ Indexes above 80th percentile.
The
[[Page 3624]]
Report indicates the following National Supplemental Indexes above 80th
percentile: Superfund proximity is at the 83rd percentile; and RMP
facility proximity is at the 81st percentile. To understand the indexes
that are over the 80th percentile, refer to docket assigned to this
Federal Register document.
IV. Proposed Action
The EPA is proposing that the current Source-specific SIP revision
is approvable because the limits included in the SSSIP are demonstrated
to be RACT for the power boilers, wood waste boiler and the recovery
boilers. Based on a thorough RBLC review of similar sources,
consultation with NYSDEC and an analysis of this Source-specific SIP
revision, the EPA proposes to approve Finch Paper LLC's operation under
the NYSDEC approved NO<INF>X</INF> emission limits for emission unit 3-
00000 power boilers, emission unit 3-10000 wood waste boiler, and
emission unit 3-20000 recovery boilers.
Specifically, the EPA proposes to approve the following: (1)
Emission unit 3-00000, four power boilers, at 0.225 NO<INF>X</INF> lb/
MMBtu during ozone season (April 15 through October 15) and at 0.275
NO<INF>X</INF> lb/MMBtu during non-ozone season (October 16 through
April 14) and at 0.378 NO<INF>X</INF> lb/MMBtu when recovery boilers
are not burning liquor or when the wood waste boiler is down during
non-ozone season; (2) emission unit 3-10000, No. 9 wood waste boiler,
at 0.28 NO<INF>X</INF> lb/MMBtu; and (3) emission unit 3-20000,
recovery boilers, at 464 parts per million (corrected to 7% oxygen)
system wide.
V. 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 Finch Paper LLC title V operating permit
conditions 1-1, 47, and 60 as described in section II. 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).
VI. 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 approves 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 Orders
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 this action does not involve technical standards.
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 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The New York State Department of Environmental Conservation did not
evaluate environmental justice considerations as part of its SSSIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA performed an
environmental justice analysis, as is described above in the section
titled, ``Environmental Justice Considerations.'' The analysis was done
for the purpose of providing additional context and information about
this rulemaking to the public, not as a basis of the action. In
addition, there is no information in the record upon which this
decision is based inconsistent with the stated goal of E.O. 12898 of
achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024-00748 Filed 1-18-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 19, 2024.
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.