Rule2024-20560
Approval of Source-Specific Air Quality Implementation Plan; New York; Sylvamo Ticonderoga Mill
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
September 19, 2024
Effective
October 21, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 the Sylvamo Ticonderoga Mill (formerly known as International Paper), located at 568 Shore Airport Rd., Ticonderoga, New York (the Facility). The control options in this SSSIP revision implement Reasonably Available Control Technology (RACT) for nitrogen oxide (NO<INF>X</INF>) emissions from the relevant Facility sources, which include one power boiler, one lime kiln, and one recovery furnace. This SSSIP revision is intended to implement NO<INF>X</INF> RACT for the relevant Facility sources in accordance with the requirements for implementation of the 2008 and 2015 ozone NAAQS. This action will not interfere with ozone NAAQS requirements and meets all applicable requirements of the Clean Air Act (CAA). The EPA proposed to approve this rule on May 23, 2024, and received two comments, neither of which were relevant to the rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 182 (Thursday, September 19, 2024)</title>
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[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Rules and Regulations]
[Pages 76740-76742]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20560]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2023-0237; FRL 11904-02-R2]
Approval of Source-Specific Air Quality Implementation Plan; New
York; Sylvamo Ticonderoga Mill
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 the Sylvamo Ticonderoga Mill
(formerly known as International Paper), located at 568 Shore Airport
Rd., Ticonderoga, New York (the Facility). The control options in this
SSSIP revision implement Reasonably Available Control Technology (RACT)
for nitrogen oxide (NO<INF>X</INF>) emissions from the relevant
Facility sources, which include one power boiler, one lime kiln, and
one recovery furnace. This SSSIP revision is intended to implement
NO<INF>X</INF> RACT for the relevant Facility sources in accordance
with the requirements for implementation of the 2008 and 2015 ozone
NAAQS. This action will not interfere with ozone NAAQS requirements and
meets all applicable requirements of the Clean Air Act (CAA). The EPA
proposed to approve this rule on May 23, 2024, and received two
comments, neither of which were relevant to the rulemaking.
DATES: This final rule is effective on October 21, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2023-0237. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. 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>.
FOR FURTHER INFORMATION CONTACT: Stephanie Lin, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, 212-637-3711, or by email at
<a href="/cdn-cgi/l/email-protection#fe929790d08d8a9b8e969f90979bbe9b8e9fd0999188"><span class="__cf_email__" data-cfemail="65090c0b4b161100150d040b0c00250015044b020a13">[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. What is the background for this action?
II. Environmental Justice Considerations
III. What comments were received in response to the EPA's proposed
action?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is the background for this action?
This action relates to a SSSIP revision that concerns the Facility
which is a fully integrated pulp and paper manufacturer of printing
papers. The Facility processes hardwood and softwood logs and chips
using the kraft pulping process and produces approximately 900 tons per
day of uncoated free sheet paper for commercial printing. Converted
kraft pulp is washed, bleached, and prepared for finishing by two paper
machines. The sources at issue in this action are the Facility's one
power boiler, one lime kiln, and one recovery furnace. 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, as explained
above, the State regulations allow Source-specific RACT determinations
if the presumptive RACT requirements are not technologically or
economically feasible; such Source-specific determinations must be
submitted to the EPA as a SSSIP revision.
This SSSIP revision was submitted by NYSDEC on November 23, 2022,
and it replaces and supersedes the SSSIPs that were submitted by the
State on September 16, 2008, and August 30, 2010. On May 23, 2024, the
EPA published a Notice of Proposed Rulemaking that proposed to approve
a SSSIP revision to address NO<INF>X</INF> RACT emission limits for the
one power boiler, one lime kiln, and one recovery furnace for
consistency with the CAA and the EPA regulations, as interpreted
through EPA actions and guidance. See 89 FR 45616. Specifically, the
Notice of Proposed Rulemaking addressed the following: (1) A case-by-
case emission limit and RACT control options for the power boiler due
to its unique fuel mix; (2) an emission limit for the lime kiln that is
not covered by other New York Source-specific RACT regulations, and
therefore must follow 6 NYCRR part 212 as a process operation; \1\ and
(3) an emission limit for the recovery furnace that is not covered by
other Source-specific New York RACT regulations, and therefore must
follow 6 NYCRR part 212 as a process operation.
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\1\ Under 6 NYCRR part 212, Definitions (18), `Process
operation.' Any industrial, institutional, commercial, agricultural
or other activity, operation, manufacture or treatment in which
chemical, biological and/or physical properties of the material or
materials are changed, or in which the material(s) is conveyed or
stored without changing the material(s) if the conveyance or storage
system is equipped with a vent(s) and is non-mobile, and that emits
air contaminants to the outdoor atmosphere. A process operation does
not include an open fire, operation of a combustion installation, or
incineration of refuse other than by-products or wastes from a
process operation(s).
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The EPA is determining through this final action that the
NO<INF>X</INF> RACT emission limits submitted by the State in this
November 23, 2022 SSSIP revision for the Facility's power boiler, lime
kiln, and recovery furnace are the lowest emission limits with the
application of control technology that are reasonably available given
technological and economic feasibility considerations. These respective
NO<INF>X</INF> RACT emission limits are contained in the Facility's
title V operating permit, 5-1548-00008/00081, under Condition 52,
Condition 78, and Condition 85. This operating permit was issued by the
State on March 19, 2022, and expires on March 18, 2027.
The specific details for how the NO<INF>X</INF> emission limits
comprise RACT for the power boiler, lime kiln and recovery furnace, and
the rationale for the EPA's approval action, are explained in the EPA's
Notice of Proposed Rulemaking and are not restated in this final
action. For this detailed information, the reader is referred to the
EPA's Notice of Proposed Rulemaking. 89 FR 45616 (May 23, 2024).
II. Environmental Justice Considerations
The State of New York did not evaluate environmental justice
considerations as part of its SSSIP submittal. The EPA performed an
[[Page 76741]]
environmental justice analysis solely for the purpose of providing
additional context and transparency to the public. The CAA and
applicable implementing regulations neither prohibit nor require an
evaluation of environmental justice concerns. Thus, the analysis is not
a basis of this action. The EPA created a Community Report (the Report)
using Version 2.2 of its Environmental Justice Screening and Mapping
tool EJ Screen (EJScreen). EJScreen is EPA's environmental justice
mapping and screening tool that provides EPA with a nationally
consistent dataset and approach for combining environmental and
demographic socioeconomic indicators. EJScreen users choose a
geographic area; the tool then provides demographic socioeconomic and
environmental information for that area. It is important to understand
that EJScreen in not a detailed risk analysis. It is a screening tool
that examines some of the relevant issues related to environmental
justice, and there is uncertainty in the date included. The Report is
contained in the EPA docket assigned to this Federal Register document.
The Report addresses a 1-mile ring centered at the Facility. All
thirteen EJ Screen environmental indexes are evaluated in 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. Specific background and source
information on these indexes and environmental indicators can be found
in the EPA's ``EJScreen Technical Documentation for Version 2.2.'' \2\
We analyze both EJ Indexes and Supplemental Indexes because they offer
different perspectives on community level vulnerability based on
different factors. The EPA used the National percentile instead of the
State percentile for the Report results because this SSSIP action is a
Federal action. Any environmental index result that is in the 80th
percentile or greater is considered to be relatively high when
comparing to the United States population. The ``percentile'' is what
EJ Screen uses to compare the area of study to national and state
figures.
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\2\ EJ Screen, Environmental Justice Mapping and Screening Tool,
EJ Screen Technical Documentation for Version 2.2. See <a href="https://www.epa.gov/system/files/documents/2023-06/ejscreen-tech-doc-version-2-2.pdf">https://www.epa.gov/system/files/documents/2023-06/ejscreen-tech-doc-version-2-2.pdf</a>.
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The results of the EPA's environmental justice analysis indicated
that the population within a 1-mile radius of the Facility was below
the 80th percentile for all National EJ Indexes and Supplemental
Indexes. Refer to docket assigned to this Federal Register document for
the complete Report results.
The EPA expects that finalizing this action is unlikely to result
in potential disproportionate health, environmental, and economic
impacts on disadvantaged communities in the area surrounding the
Facility. This analysis was done solely for the purpose of providing
additional context and information about this rulemaking to the public
and is not a basis for the action. The EPA is taking action under the
CAA and on bases independent of EJ.
III. What comments were received in response to the EPA's proposed
action?
The EPA received two public comments during the 30-day public
comment period of the EPA's proposed approval of New York's SIP
revision. The comments were not relevant to the action. The specific
comments may be viewed under Docket ID Number EPA-R02-OAR-2023-0237 on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
Regarding one commenter, the EPA appreciates the commenter's
support of keeping NY air clean but notes that this is not relevant to
this action.
Regarding another commenter, the EPA appreciates the commenter's
description of cannabis plants releasing BVOCs but notes that this is
not relevant to this action.
IV. What action is the EPA taking?
Based on a thorough RBLC review of similar sources, information
provided by NYSDEC, and an analysis of this Source-specific SIP
revision, the EPA is approving Sylvamo Ticonderoga Mill's operation
under NYSDEC approved NO<INF>X</INF> emission limits for the Facility's
power boiler, lime kiln, and recovery furnace.
Specifically, the EPA is approving the following limits and
associated requirements as implementing RACT: (1) For the emission unit
P-OWERH, very large power boiler, a limit of 0.23 lb NO<INF>X</INF>/
MMBtu per 24-hour average (0.22 lb NO<INF>X</INF>/MMBtu per 30-day
rolling average) during the ozone season May 1 through September 30,
and 0.23 lb NO<INF>X</INF>/MMBtu per 30-day rolling average during the
non-ozone season October 1 through April 30; (2) for the emission unit
R-CAUST, lime kiln, a limit of 120 parts per million by volume (wet,
corrected to 10% O<INF>2</INF>); and (3) for the emission unit R-ECOVB,
recovery furnace, a limit of 100 parts per million by volume (dry,
corrected to 8% O<INF>2</INF>).
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference
revisions to Sylvamo Ticonderoga Mill title V operating permit
conditions 52, 78, and 85 as described in section I. of this preamble.
These documents are available in the docket of this rulemaking through
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, these materials have been approved by
the EPA for inclusion in the State Implementation Plan, have been
incorporated by reference by the EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\3\
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\3\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this action merely approves State law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
<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 14094 (88 FR 21879, April 11, 2023);
<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
[[Page 76742]]
Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Clean Air Act.
In addition, the SIP is not approved 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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines 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.'' The 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.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 18, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
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.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. Amend Sec. 52.1670 paragraph (d) the table by adding the entry
``Sylvamo Ticonderoga Mill'' at the end to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(d) * * *
EPA-Approved New York Source-Specific Provisions
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State
Name of source Identifier No. effective EPA approval date Comments
date
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Sylvamo Ticonderoga Mill.......... 5-1548-00008/00081 11/23/2022 9/19/2024, [insert RACT emission limits
Federal Register for condition 52,
citation]. 78, and 85.
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[FR Doc. 2024-20560 Filed 9-18-24; 8:45 am]
BILLING CODE 6560-50-P
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