Proposed Rule2025-20499
Air Plan Approval; New York; Athens Generating Plant
Primary source
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Published
November 20, 2025
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 the Athens Generating Plant, located at 9300 US Route 9 West, Athens, NY 12015 ("Athens" or "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 Oxides of Nitrogen (NO<INF>X</INF>) emissions from the relevant Facility sources, which are identified as three combined-cycle Westinghouse model 501G combustion turbines with associated heat recovery steam generators and steam turbines (identified as Emission Units U-00001, U-00002, and U- 00003 in the Facility's Title V permit and New York's submission). This SSSIP revision is intended to implement NOx RACT for the relevant Facility sources in accordance with the requirements for implementation of the 2008 and 2015 ozone NAAQS. The EPA proposes to determine that this action will not interfere with ozone NAAQS requirements and that it meets all applicable requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Proposed Rules]
[Pages 52308-52311]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20499]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2025-0243; FRL 12785-01-R2]
Air Plan Approval; New York; Athens Generating Plant
AGENCY: Environmental Protection Agency (EPA).
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 the Athens
Generating Plant, located at 9300 US Route 9 West, Athens, NY 12015
(``Athens'' or ``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 Oxides of Nitrogen
(NO<INF>X</INF>) emissions from the relevant Facility sources, which
are identified as three combined-cycle Westinghouse model 501G
combustion turbines with associated heat recovery steam generators and
steam turbines (identified as Emission Units U-00001, U-00002, and U-
00003 in the Facility's Title V permit and New York's submission). This
SSSIP revision is intended to implement NOx RACT for the relevant
Facility sources in accordance with the requirements for implementation
of the 2008 and 2015 ozone NAAQS. The EPA proposes to determine that
this action will not interfere with ozone NAAQS requirements and that
it meets all applicable requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before December 22, 2025.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR- 2025-0243 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., Controlled
Unclassified Information (CUI)
[[Page 52309]]
(formerly referred to as 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
removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be CUI or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CUI 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, Region 2 Office, 290 Broadway, 25th Floor, New York,
New York 10007-1866, at (212) 637-3127, or by email at
<a href="/cdn-cgi/l/email-protection#b8deddcacaddd1cad996d6d1dbd0d7d4d9cbf8ddc8d996dfd7ce"><span class="__cf_email__" data-cfemail="1b7d7e69697e72697a357572787374777a685b7e6b7a357c746d">[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 Submission
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Ground level ozone is a secondary air pollutant that is created by
the 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 EPA regulates criteria pollutants, such as ozone, by establishing
NAAQS. With respect to this proposed action, there are two relevant
ozone NAAQS. 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
(``The 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 (``The 2015 8-hour Ozone
Standard''). See 80 FR 65292 (October 26, 2015).
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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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The State of New York has two ozone nonattainment areas.\2\ CAA
section 182 requires states with ozone NAAs to include in their SIPs,
among other things, provisions to require the implementation of RACT.
In addition, under CAA section 184, the State of New York is located
within the Ozone Transport Region (OTR), which means that all major
sources of VOC and NOx within the State are subject to statewide 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.\3\
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\2\ The two ozone nonattainment areas in New York are: (1)
Jamestown, and (2) the New York Metro Area, consisting of the Bronx
County, Kings County, Nassau County, New York County, Queens County,
Richmond County, Rockland County, Suffolk County, Westchester
County.
\3\ See, EPA, ``Guidance for determining acceptability of SIP
regulations in non-attainment areas,'' memo 1976, Roger Strelow,
<a href="https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19761209_strelow_ract.pdf">https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19761209_strelow_ract.pdf</a>.
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CAA section 184(b)(2) and 182(f)(1) set forth the requirements to
establish control measures to implement RACT for major sources of VOC
and/or NO<INF>X</INF> located in the OTR. RACT for a particular source
is determined on a case-by-case basis, considering the technological
and economic circumstances of the individual source. 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.
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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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. A SSSIP should include a facility's RACT plan
that demonstrates how a facility will implement RACT; as well as the
applicable CAA Title V operating permit conditions that address RACT
requirements. Upon the EPA's final approval of a SSSIP, the relevant
RACT permit conditions for a Facility become part of the Federally
enforceable SIP.
II. The EPA's Evaluation of New York's Submission
This action relates to a SSSIP revision that concerns Athens
Generating Plant (``Athens'' or ``the Facility''), which is combined-
cycle power plant that generates 1,080 megawatts (MW) of electricity
for sale to New York State's electricity grid system. The sources at
issue in this action are the Facility's three combined-cycle
Westinghouse 501G combustion turbines, each with a base load of 245 MW,
with associated heat recovery steam generators (HRSGs) and steam
turbines, each with a base load of 115MW used to generate electricity
(Emission Units U-00001, U-00002, and U-00003).
Emission Units U-00001, U-00002, and U-00003 are characterized as
combined-cycle combustion turbines with a maximum heat input rate of 10
million Btu per hour or greater, as specified under 6 NYCRR subpart
227-2, ``Reasonably Available Control
[[Page 52310]]
Technology (RACT) for Oxides of Nitrogen (NO<INF>X</INF>).'' Although
combined-cycle combustion turbines produce NO<INF>X</INF> emissions
while generating electricity, they are more efficient than simple-cycle
turbines because they utilize both fuel and steam to power turbines.
Specifically, they generate electricity by igniting a mixture of either
natural gas or No. 2 distillate fuel oil (oil firing is limited to
1,080 hours annually per unit at Athens) with compressed air and using
the resulting hot, expanding exhaust gases, to spin turbine blades that
drive a generator to convert the spinning turbine energy into
electricity. In addition, rather than allowing for exhaust gases that
would have otherwise been released to the atmosphere, they are directed
to a HSRG to produce steam, which then spins a steam turbine to
generate additional electricity.
NYSDEC's RACT regulations establish RACT requirements for
combustion turbines in 6 NYCRR subpart 227-2'' last approved by the
EPA, into the New York SIP, on July 12, 2013. See 78 FR 41846.
Specifically, 6 NYCRR 227-2.4(e)(3) requires that the owner or operator
of all combustion turbines operating after July 1, 2014, to submit a
proposal for RACT to be implemented that includes descriptions of: (1)
The available NO<INF>X</INF> control technologies, the projected
effectiveness of the technologies considered, and the costs for
installation and operation for each of the technologies; and (2) The
technology and the appropriate emission limit selected as RACT
considering the costs for installation and operation of the technology.
Because the NYSDEC's RACT regulations at 6 NYCRR 227-2.4(e)(3)
require that a source-specific RACT proposal for combustion turbines
operating after July 1, 2014, be submitted to the NYSDEC, such source-
specific proposals must be submitted to the EPA as a SSSIP. This SSSIP
was submitted by the NYSDEC on April 22, 2024, to satisfy such
requirements. The EPA has reviewed the RACT determinations in the SSSIP
submittal for Emission Units U-00001, U-00002, and U-00003 in a manner
that is consistent with the CAA and the EPA's regulations, as
interpreted through the EPA's actions and guidance.
As required by 6 NYCRR 227-2.4(e)(3), the Facility submitted a RACT
plan, dated October 2020, detailing emission limit requirements for
Emission Units U-00001, U-00002, and U-00003. The NYSDEC approved the
specified emission limits as adequately implementing RACT for the
applicable emission units and submitted them for the EPA's approval.
Upon the EPA's final approval of this SSSIP, the RACT variance emission
limits for the Facility will become part of the Federally enforceable
SIP.
The Facility's RACT plan stated that the existing controls of using
a Dry Low NO<INF>X</INF> (DLN) combustion system when firing natural
gas, and water or steam injection when firing distillate fuel oil, both
in combination with a Selective Catalytic Reduction (SCR) are
consistent with the best available control technologies (BACT) and
Lowest Achievable Emission Rate (LAER) requirements for NO<INF>X</INF>.
Because BACT requirements are more stringent than the applicable
NO<INF>X</INF> RACT requirements,\5\ the NYSDEC determined that these
emission units comply with the State's applicable NO<INF>X</INF> RACT
requirements under 6 NYCRR part 227-2.4(e).
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\5\ See TSD, ``Background on the Facility,'' p,.3 for further
explanation of how BACT and LAER differ from RACT and why the
existing controls at the facility are considered sufficient to
satisfy RACT.
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The NYSDEC reviewed the Facility's RACT plan and determined that
the case-by-case emission limits implement RACT for Emission Units U-
00001, U-00002, and U-00003. Specifically, the NYSDEC approved the
following case-by-case emission limit: (1) The NO<INF>X</INF> emission
limits for the applicable units, as listed under conditions #82 and #83
of the Title V permit, are restricted to 9.0 parts per million by
volume (ppmv) corrected to 15% oxygen when firing fuel oil and 2.0 ppmv
corrected to 15% oxygen when firing natural gas; (2) Dry Low
NO<INF>X</INF> (DLN) combustion system, when firing natural gas, and
water or steam injection, when firing distillate fuel oil, in
combination with a Selective Catalytic Reduction (SCR) are considered
BACT/LAER; (3) emissions are effectively monitored via Continuous
Emissions Monitoring Systems (CEMS), reported on a semi-annual basis,
and maintained for up to five years.
The intended effect of New York's SSSIP submission is to establish
emission limits for Emission Units U-00001, U-00002, and U-00003. The
EPA proposes to determine that the emission limits for Emission Units
U-00001, U-00002, and U-00003 implement RACT because: (1) it was
demonstrated that no additional control technologies beyond what are
currently used at the Facility are technically and economically
feasible; (2) the EPA's review of the RBLC indicated that the current
existing controls are consistent with BACT/LAER requirements and more
stringent than RACT requirements; (3) the provisions adequately
restrict emissions of NO<INF>X</INF> and implement sufficient
monitoring, reporting, and recordkeeping requirements.
In order to determine what NO<INF>X</INF> control technologies
could be economically and technologically feasible for Emission Units
U-00001, U-00002, and U-00003, 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 consisted of searching for controls on existing large
combined-cycle combustion turbines permitted in the ten years prior to
the Facility's RACT plan. The RBLC confirmed that existing controls at
the Facility are representative of BACT/LAER; therefore, these controls
are also representative of RACT. In addition, the EPA's review of the
RBLC revealed that no similar combined-cycle combustion turbine has
NO<INF>X</INF> controls technologies that are economically feasible,
aside from the controls that the Facility has already implemented.
Further detail on the RBLC results is provided in the TSD that is
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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The NO<INF>X</INF> RACT emission limits for Emission Units U-00001,
U-00002, and U-00003 are specified in Conditions #38, 54, 62, 82, and
83 of the facility's Title V operating permit, which also include
monitoring, reporting, and recordkeeping requirements. The state's
submittal requests that these portions of the Title V permit be
incorporated into the SIP. With this rulemaking, the EPA is proposing
to determine that the emission limits for the units, as submitted by
the NYSDEC with this SSSIP submittal, represent the lowest limits
achievable with reasonably available control technologies, considering
technological and economic feasibility. Further detail on the EPA's
analysis is provided in the TSD available in the docket for this
rulemaking.
III. Proposed Action
The EPA is proposing to approve this current Source-specific SIP
revision because the emission limits included in the SSSIP are
demonstrated to implement RACT for Emission Units U-00001, U-00002, and
U-00003, that represent three combined-cycle combustion turbines with
associated HRSGs and steam turbines. Based on
[[Page 52311]]
information provided by the NYSDEC in its April 22, 2024 submission,
the EPA's review of the RBLC for similar sources and facilities, and an
analysis of this SSSIP revision, the EPA proposes to approve the
NO<INF>X</INF> emission limits for Emission Units U-00001, U-00002, and
U-00003 located at Athens Generating Plant.
Specifically, the EPA proposes to approve the following limits and
associated requirements as implementing RACT: The Facility must: (1)
continue to implement the current combined-cycle combustion turbine
NO<INF>X</INF> emission controls of SCR and Dry Low NO<INF>X</INF>
burners for natural gas and SCR and water injection for distillate fuel
oil (Condition #38); (2) control emission of NO<INF>X</INF> to less
than 23.4 lbs/hour when firing natural gas and 101.9 lbs/hour when
firing fuel oil, as averaged over a 3-hour block via CEMS and reported
on a semi-annual basis (Conditions #54 and 62); and (3) limit
NO<INF>X</INF> emissions to 9.0 ppmv corrected to 15% oxygen when
firing fuel oil and 2.0 ppmv corrected to 15% oxygen when firing
natural gas, as averaged over a 3-hour block via CEMS and reported on a
semi-annual basis (Conditions #82 and 83).
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 Athens Generating Plant's Title V operating
permit conditions #38, 54, 62, 82, and 83 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>.
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 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<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).
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.
Michael Martucci,
Regional Administrator, Region 2.
[FR Doc. 2025-20499 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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