Proposed Rule2024-30582
Approval of Source-Specific Air Quality Implementation Plan; New York; Lehigh Cement Company LLC
Primary source
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Published
December 26, 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 Lehigh Cement Company LLC, located at 313 Warren Street, Glens Falls, New York (the Facility). The EPA is proposing to find that the control options in this SSSIP revision implement Reasonably Available Control Technology (RACT) with respect to nitrogen oxide (NO<INF>X</INF>) emissions from the relevant Facility source, which is identified as one Portland cement kiln (the Kiln). This SSSIP revision is intended to implement NO<INF>X</INF> RACT for the relevant Facility source in accordance with the requirements 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 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104946-104950]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30582]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2023-0242; FRL 12441-01-R2]
Approval of Source-Specific Air Quality Implementation Plan; New
York; Lehigh Cement Company 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 Lehigh Cement
Company LLC, located at 313 Warren Street, Glens Falls, New York (the
Facility). The EPA is proposing to find that the control options in
this SSSIP revision implement Reasonably Available Control Technology
(RACT) with respect to nitrogen oxide (NO<INF>X</INF>) emissions from
the relevant Facility source, which is identified as one Portland
cement kiln (the Kiln). This SSSIP revision is intended to implement
NO<INF>X</INF> RACT for the relevant Facility source in accordance with
the requirements for implementation of the 2008 and 2015 ozone NAAQS.
This
[[Page 104947]]
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 January 27, 2025.
ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2023-0242, 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 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: 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#402c292e6e3334253028212e2925002530216e272f36"><span class="__cf_email__" data-cfemail="127e7b7c3c616677627a737c7b77527762733c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. The EPA's evaluation of New York's submission and RACT analysis
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 (VOC), chemically react in the presence of sunlight.\1\
Emissions from industrial facilities are anthropogenic 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
is often referred to as ``the ozone season.'' In New York, the ozone
season is generally considered to be between April 15 and October 15,
while the non-ozone season is generally considered to be 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
A geographic area of the United States that is not meeting the
primary or secondary National Ambient Air Quality Standard (NAAQS) for
ozone is described as a nonattainment area. Nonattainment areas are
classified as either Marginal, Moderate, Serious, Severe, or Extreme.
With respect to this proposed action, there are two relevant ozone
NAAQS standards. First, on March 12, 2008, the EPA promulgated a
revision to the ozone NAAQS, setting both the primary and secondary
standards at 0.075 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 to 0.070
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\ consisting of the Bronx
County, Kings County, Nassau County, New York County, Queens County,
Richmond County, Rockland County, Suffolk County, Westchester County.
Under CAA section 184, the State of New York is located within the
Ozone Transport Region (OTR), which means that it is subject to
statewide RACT requirements. This Facility is not located in an ozone
nonattainment area, but it is still required to implement RACT because
it is located within the OTR.
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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 through 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. CAA section 184(b)(2) \3\ sets forth the
requirement to establish control measures to implement RACT for major
sources of VOC located in the OTR. For major sources of NO<INF>X</INF>,
the CAA section 182(f)(1) also applies, ``The plan provisions required
under this subpart for major stationary sources of volatile organic
compounds shall also apply to major stationary sources (as defined in
section 7602 of this title and subsections (c), (d), and (e) of this
section) of oxides of nitrogen.'' The State of New York is located
within the OTR, and thus the State is required to implement RACT for
all major sources of NO<INF>X</INF> within the State. RACT for a
particular source is determined on a case-by-case basis, considering
the technological and economic circumstances of the individual source.
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\3\ CAA 182(f)(1) also states:
The plan provisions required under this subpart for major
stationary sources of volatile organic compounds shall also apply to
major stationary sources (as defined in section 7602 of this title
and subsections (c), (d), and (e) of this section) of oxides of
nitrogen.
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NYSDEC RACT Requirements
The New York State Department of Environmental Conservation
(NYSDEC) RACT regulations require applicable facilities to meet certain
requirements, referred to as ``presumptive RACT requirements.'' These
presumptive requirements generally require sources to implement
emission limits, control efficiency requirements, specific control
technologies, averaging plans, and/or fuel/raw material switching
practices. In some instances, the presumptive RACT requirements may not
be technologically or economically feasible for a certain source, and
the State can make a source-specific RACT determination, which is
submitted to the EPA as a SSSIP. The SSSIP should include the
facility's RACT plan that demonstrates how the facility will implement
RACT. The SSSIP will also
[[Page 104948]]
include the applicable CAA title V operating permit conditions that
address RACT requirements. These permit conditions for the Facility
will become part of the Federally enforceable SIP upon the EPA's final
approval of this SSSIP.
Under existing NYSDEC RACT regulations, facilities are required to
assess all technologically feasible control options that meet the
State's cost threshold. The cost threshold for NYSDEC RACT requirements
is found under 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
control technologies that remove VOC or NO<INF>X</INF> emissions up to
a certain cost threshold, expressed in a dollar amount per ton of VOC
or NO<INF>X</INF> removed, which includes an inflation-adjusted
economic threshold.\4\
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\4\ The DAR-20 cost threshold is based on 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 Revision and RACT Analysis
This action relates to a SSSIP revision that concerns a Portland
cement manufacturing and quarry facility operated by Lehigh Cement
Company LLC, located in Glens Falls, New York. This Lehigh Cement SSSIP
was submitted by NYSDEC on July 1, 2022, and is intended to implement
NO<INF>X</INF> RACT for the Kiln for purposes of the 2008 and 2015
ozone NAAQS. This Lehigh Cement SSSIP replaces and withdraws the Lehigh
Cement SSSIPs that were submitted by the State on September 16, 2008,
and December 18, 2013. In this SSSIP submittal, the EPA has reviewed
the RACT determination for the Kiln for consistency with the CAA and
the EPA regulations, as interpreted through EPA actions and guidance.
The source at issue in this action is a short, dry preheater Kiln.
NYSDEC RACT regulations establish RACT requirements for this source in
6 NYCRR Subpart 220-1, ``Portland Cement Plants,'' last approved in the
New York SIP by the EPA on July 12, 2013. However, 6 NYCRR Subpart 220-
1 does not establish presumptive NO<INF>X</INF> RACT emission limits
for cement kilns due to the uniqueness of cement manufacturing
operations. Instead, under 6 NYCRR Subpart 220-1.6(b), the Facility
must submit a RACT analysis along with the Air Title V Facility Permit
application that proposes a RACT emission limit(s) and identifies the
procedures and monitoring equipment to be used to demonstrate
compliance with the proposed RACT emission limit(s). Here, NYSDEC
determined that the Facility's analysis adequately evaluated RACT. Such
source-specific determinations must be submitted to the EPA as a SSSIP.
In November 2010, the Facility conducted a NO<INF>X</INF> RACT
analysis for the Kiln (Emission Unit 0-UKILN) specifically applicable
under the Federally approved 6 NYCRR Subpart 220-1.6(b). The RACT
analysis included the following: (1) An identification of available
NO<INF>X</INF> control technologies; (2) projected effectiveness of
each control technology identified; (3) costs for installation and
operation of each technology; and (4) determination of the control
technology and emission limit selected as RACT.
Lehigh installed and is currently operating a selective non-
catalytic reduction (SNCR) system to meet NO<INF>X</INF> RACT as a
result of their 2010 NO<INF>X</INF> RACT analysis.\5\ In addition, the
Federally approved version of 6 NYCRR Subpart 220-1.7(d) requires
owners or operators of a Portland cement kiln to install and operate a
CEMS to monitor NO<INF>X</INF> emissions from the cement kiln in
accordance with the provisions of 40 CFR part 75, and to demonstrate
compliance with the NO<INF>X</INF> RACT emission limit on a 30-day
rolling average basis.
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\5\ On September 9, 2010, the EPA published the New Source
Performance Standards for Portland Cement Plants (NSPS Subpart F).
In that proposal, the EPA determined that SNCR was deemed to be the
Best Demonstrated Technology (BDT) for NO<INF>X</INF> in cement
plants,'' . . . we [the EPA] determined SNCR to be BDT and applied a
control efficiency for the SNCR to the baseline uncontrolled level
to determine the appropriate NOX level consistent with application
of BDT . . . SNCR performance has been shown to range from 20 to 80
percent NOX removal.'' See 75 FR 54970.
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A nationwide Federal consent decree (CD), Civil Action #5:19-cv-
05688, was executed on November 18, 2020, due to violations that
occurred, in pertinent part, at one or more of Lehigh Cement Company
LLC's (Lehigh) Portland cement plants. The obligations of the CD were
negotiated between Lehigh and the U.S. Department of Justice (on behalf
of EPA as well as non-federal jurisdictions, including the State of New
York), and are binding.
The terms of the CD imposed a lower emission limit (2.5 lbs
NO<INF>X</INF>/ton clinker (30-day rolling average)) upon the Kiln that
meets Best Available Control Technology (BACT), which is based on the
maximum degree of control that can be achieved. The NO<INF>X</INF>
emission controls and associated cost analysis from the November 2010
RACT analysis for the Kiln were determined to be acceptable as RACT by
the NYSDEC. EPA is proposing to conclude that an August 27, 2021,
NO<INF>X</INF> RACT evaluation to support Lehigh's Title V permit
renewal application has successfully demonstrated that the emissions
limit continues to be acceptable as RACT, with the RACT emission limit
for the Kiln calculated as 2.9 lbs NO<INF>X</INF>/ton clinker (30-day
rolling average). Since BACT is the maximum degree of control that can
be achieved, BACT generally imposes more stringent requirements than
RACT. Given that the BACT emission limit imposed by the CD is lower
than the previously calculated RACT limit, the EPA is proposing to find
that the BACT limit now represents RACT for this source. Here, the CD
requires the Facility, beginning on or before May 18, 2021, to: (1)
limit NO<INF>X</INF> emissions from the Kiln to 2.5 lbs per ton of
clinker produced with an 30-day rolling average; (2) install and
commence continuous operation of an Selective Non-Catalytic Reduction
(SNCR) NO<INF>X</INF> control technology; and (3) install and operate a
NO<INF>X</INF> Continuous Emissions Monitoring System (CEMS) at each
stack, which collects emissions from the applicable kiln in accordance
with the requirements of 40 CFR part 60.
To comply with the requirements outlined in the CD, Lehigh revised
its Air Title V Facility Permit to contain two permit conditions
(permit conditions 85 and 86) that include the NO<INF>X</INF>
monitoring requirements and emission limitations as non-expiring
obligations. A copy of the CD is located in the docket of this
rulemaking, Docket Number EPA-R02-OAR-2023-0242, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
The intended effect of this source-specific SIP revision is to:
establish the source-specific emission limit by incorporating the
NO<INF>X</INF> emission limit imposed by the CD and associated
monitoring requirements into the Facility's source-specific SIP.
The EPA is proposing to determine through this SSSIP action that
the NO<INF>X</INF> emission limit submitted by the State in this SSSIP
for the Kiln is the lowest emission limit with the application of
control technology that is reasonably available given technological and
economic feasibility considerations. The respective NO<INF>X</INF> RACT
emission limit is contained in the Facility's Title V operating permit,
5-5205-00013/00058, under Conditions 85 and 86. This renewal permit was
issued by the State on February 28, 2022, and expires on February 27,
2027.
The Facility submitted a RACT plan for the emission limit
requirements and
[[Page 104949]]
NYSDEC reviewed and approved the emission limit as adequately
implementing RACT for the source. NYSDEC then submitted the source-
specific SIP revision package at issue in this action for EPA approval,
and the EPA is proposing to approve the respective emission limit as
implementing RACT for this source. The emission limit for the Facility
will become part of the Federally enforceable SIP upon the EPA's final
approval of this SSSIP.
The EPA is proposing to determine that the proposed limit for
Emission Unit 0-UKILN implements RACT because the Facility's more
stringent BACT NO<INF>X</INF> emissions limit imposed by the consent
decree of 2.5 lbs NO<INF>X</INF>/ton clinker (30-day rolling average)
is more stringent than the 2.9 lbs NO<INF>X</INF>/ton clinker (30-day
rolling average) limit required to implement RACT for this source.
III. Environmental Justice Considerations
The CAA and applicable implementing regulations neither prohibit
nor require an evaluation of environmental justice (EJ) considerations
and/or concerns, and so the State of New York did not evaluate EJ
concerns as part of its SSSIP submittal. The EPA evaluated EJ concerns
for informational purposes only and is providing the following details
for transparency about this rulemaking to the public. The EPA did not
rely on this information to reach any decisions described in this
action. The EPA created a Community Report (Report) using its EJ
Screen, Version 2.3. 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 were considered for the
Report: (1) Particulate matter; (2) ozone; (3) nitrogen dioxide; (4)
diesel particulate matter; (5) toxic releases to air; (6) traffic
proximity; (7) lead paint; (8) superfund proximity; (9) risk management
plan (RMP) facility proximity; (10) hazardous waste proximity; (11)
underground storage tanks; (12) wastewater discharge; and (13) drinking
water noncompliance. 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, whereas the
Supplemental Indexes combine data on percent low-income, percent
persons with disabilities, percent limited English speaking, 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. 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 notes that any
environmental index result that is 80 percentile or greater is
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 results of the EPA's environmental justice analysis indicated
that the following National Supplemental Indexes were above the 80th
percentile: Superfund Proximity and RMP Facility Proximity.
In addition, via EJScreen, the Facility was determined to be in a
Justice40 area. In January 2021, President Joe Biden issued Executive
Order (E.O.) 14008, Tackling the Climate Crisis at Home and Abroad.
Section 223 of the E.O. established the Justice40 Initiative which
directs 40 percent of certain Federal investments to flow to
disadvantaged communities.
To understand the indexes that are at or higher than 80th
percentile, and the Justice40 categories that represent Glens Falls,
NY, refer to Lehigh Cement Environmental Justice Considerations and
Lehigh Cement EJ Screen Community Report June 4, 2024 in docket
assigned to this Federal Register document.
IV. Proposed Action
The EPA is proposing to approve this current source-specific
revision because the limit included in the SSSIP is demonstrated to
implement RACT for the Kiln. Based on an analysis of this source-
specific SIP revision, the EPA proposes to approve Lehigh Cement
Company LLC's operation under the NO<INF>X</INF> emission limit
approved by NYSDEC for the Facility's Kiln.
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 Lehigh Cement Company LLC Title V operating
permit conditions 85 and 86 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 Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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 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 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
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
[[Page 104950]]
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.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, the
just treatment and meaningful involvement of all people, regardless of
income, race, color, national origin, or Tribal affiliation, or
disability in agency decision-making and other Federal activities that
affect human health and the environment.
The New York State Department of Environmental Conservation did not
evaluate EJ considerations as part of its SIP submittal; the CAA and
applicable implementing regulations neither prohibit nor require such
an evaluation. EPA performed an EJ analysis, as is described earlier in
the section titled, ``EJ 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. 12898/14096 of achieving EJ
for communities with EJ concerns.
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. 2024-30582 Filed 12-23-24; 8:45 am]
BILLING CODE 6560-50-P
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