Proposed Rule2026-10642
Approval of Source-Specific Air Quality Implementation Plan; New York; Big Six Towers Inc.
Primary source
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Published
May 28, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine 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 Big Six Towers Inc. (the Big Six), located at 59-55 47th Ave. Woodside, NY 11377 (the Facility), is approvable. 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 oil-fired engines. 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. The EPA proposes to determine that this rulemaking 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 91 Issue 102 (Thursday, May 28, 2026)</title>
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[Federal Register Volume 91, Number 102 (Thursday, May 28, 2026)]
[Proposed Rules]
[Pages 31694-31697]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10642]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2025-3588; FRL-13122-01-R2]
Approval of Source-Specific Air Quality Implementation Plan; New
York; Big Six Towers Inc.
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine 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 Big Six Towers
Inc. (the Big Six), located at 59-55 47th Ave. Woodside, NY 11377 (the
Facility), is approvable. 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 oil-fired engines. 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. The EPA proposes to determine that this rulemaking will not
interfere with ozone NAAQS requirements and meets all applicable
requirements of the Clean Air Act (CAA).
DATES: Written comments must be received on or before June 29, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2025-3588, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method),
or the other submission methods identified in the link below. Once
submitted, comments cannot be edited or removed from the docket. The
EPA may publish any comment received to its public docket. Do not
submit to the EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any
information you consider to be Confidential Business Information (CBI),
Proprietary Business Information (PBI), 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).
Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for
additional submission methods; the full EPA public comment policy;
information about CBI, PBI, or multimedia submissions; and general
guidance on making effective comments.
FOR FURTHER INFORMATION CONTACT: Stephanie Lin, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, telephone number: (212) 637-3711, email address:
<a href="/cdn-cgi/l/email-protection#24484d4a0a575041544c454a4d41644154450a434b52"><span class="__cf_email__" data-cfemail="305c595e1e4344554058515e5955705540511e575f46">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: For additional information on regulatory
background and the EPA's technical findings relating to the Facility's
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. The EPA's Proposed Action
IV. Incorporation by Reference
V. 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), react in the presence of sunlight. 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 that are
conducive to ozone formation--often referred to as ``the ozone
season.'' The ozone season means, for each state (or portion of a
state), the ozone monitoring season specified for that jurisdiction
defined in 40 CFR part 58, appendix D, section 4.1(i).\1\ In New York,
the ozone season begins in March and ends in October.\2\
Ozone Nonattainment
A geographic area of the United States that is not meeting the
National Ambient Air Quality Standard (NAAQS) for ozone is designated
as a nonattainment area. See CAA section 107(d)(1)(A)(i). 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, effective May 27, 2008, the EPA
promulgated a revision to the ozone NAAQS, setting the standard at
0.075 parts per million (ppm) averaged over an 8-hour time frame (2008
8-hour Ozone Standard) (73 FR 16436, March 27, 2008). Second, effective
December 28, 2015, the EPA lowered this standard to 0.070 ppm averaged
over an 8-hour time frame (2015 8-hour Ozone Standard) (80 FR 65292,
October 26, 2015). The Facility is located in the New York-Northern New
Jersey-Long Island ozone nonattainment area for both the 2008 and 2015
ozone NAAQS, and is a major source of NO<INF>x</INF> (50 tons per year
(tpy) for Serious ozone nonattainment areas and 25 tpy for Severe ozone
nonattainment areas). Therefore, the Facility is required to implement
RACT for nonattainment planning purposes under CAA section 182. The
State of New York is also located within the Ozone Transport Region
(OTR), which means that it is subject to statewide RACT requirements
under CAA section 184.
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.\1\ CAA section 182 sets forth the requirement to establish
control measures to implement RACT for major sources of VOC and
NO<INF>X</INF> located in ozone nonattainment areas. As noted, the
State of New York is also located within the OTR, and the State is
required to implement RACT for all major sources of VOC and
NO<INF>X</INF> within the State under CAA sections 184(b)(1)(B) and
182(f)(1).
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\1\ 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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[[Page 31695]]
NYSDEC RACT Requirements
The New York State Department of Environmental Conservation's
(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 (or variance),
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 include the applicable CAA Title V operating
permit conditions that address RACT requirements. These RACT variance
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's 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.\2\
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\2\ 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 Submission
This proposed action relates to a SSSIP revision that concerns a
facility that generates electrical power and steam for an apartment
complex and mixed retail space located at 59-55 47th Avenue in
Woodside, Queens. Under the facility-wide Title V Operating Permit, the
Big Six is permitted to operate six internal combustion engines
(consisting of three natural gas-fired engines and three oil-fired
engines) and three boilers. The Facility also operates three small
dual-fuel boilers. All of the emission sources are grouped under
Emission Unit 1-STACK (EU 1-STACK). The natural gas-fired engines meet
the presumptive RACT limit of 1.5 grams per brake horsepower-hour (g/
bhp-hr) and are not required to be addressed in this proposed action.
The sources evaluated in this proposed action are the Facility's three
oil-fired engines (emission unit 1-STACK, emission sources 0ENG2,
0ENG4, 0ENG6). The three oil-fired engines do not meet the presumptive
limits of 2.3 grams per brake horsepower-hour. To minimize
NO<INF>X</INF> emissions, the Facility employs good combustion
practices for the oil-fired engines without any add-on controls.
The NYSDEC RACT regulations establish RACT requirements for this
category of sources in 6 NYCRR subpart 227-2, ``Reasonable Available
Control Technology (RACT) For Major Facilities of Oxides of Nitrogen
(NO<INF>X</INF>),'' last approved into New York's SIP by the EPA on
July 12, 2013, 78 FR 41846. The three oil-fired engines are subject to
6 NYCRR subpart 227-2.4(f)(3) because they are stationary internal
combustion engines that run on oil. The subpart lists a presumptive
RACT emission limit of 2.3 grams per brake horsepower-hour. However, as
explained above, the NYSDEC RACT 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.
This SSSIP was submitted by NYSDEC on July 24, 2024. The EPA has
reviewed the RACT determination for the three oil-fired engines in this
SSSIP submittal for consistency with the CAA and the EPA regulations,
as interpreted through the EPA actions and guidance. The intended
effect of this SSSIP revision is to establish an emission limit for the
process specific control measure for the three oil-fired engines.
The EPA is proposing to determine through this SSSIP rulemakingthat
the NO<INF>X</INF> RACT emission limit submitted by the State for the
three oil-fired engines is the lowest emission limit with the
application of control technology that is reasonably available given
technological and economic feasibility considerations. The relevant
NO<INF>X</INF> RACT emission limit is contained in the Facility's air
permit, Permit ID 2-6304-00404/00004, under conditions 19, 30, 31, 32,
and 40, which was issued by the State on April 4, 2024 and expires on
April 3, 2029. The EPA is proposing to approve the incorporation of
permit conditions 19, 30, 31, 32, and 40 into the SIP. In addition to
the emission limit, these conditions include monitoring, reporting, and
recordkeeping requirements for the proposed three oil-fired engines
further described in the EPA RACT Analysis below.
The Facility submitted a RACT demonstration, dated June 2022, to
NYSDEC for the emission limit requirements, and NYSDEC reviewed and
approved the variance emission limit as adequately implementing RACT
for the source. NYSDEC then submitted the SSSIP revision package at
issue in this proposed action for EPA approval, and the EPA is
proposing to determine the variance emission limit as implementing RACT
for this source. The RACT variance emission limit for the Facility will
become part of the Federally enforceable SIP upon the EPA's final
approval of this SSSIP.
The EPA's RACT Analysis
The following is a summary of the EPA's analysis of how the
proposed NO<INF>X</INF> emission limit implements RACT for the emission
sources 0ENG2, 0ENG4, and 0ENG6 (the three oil-fired engines). Further
detail on this analysis is provided in the TSD available in the docket
for this rulemaking.
Under 6 NYCRR subpart 227-2, the RACT demonstration must show an
alternate emission limit to comprise RACT, and a RACT variance can be
requested. Such a RACT variance can be approved by the State if
supported by a RACT demonstration; the State then submits its
determination to the EPA for review as a SIP revision.
The Facility's RACT demonstration states that good combustion
practice with no add-on controls is the only NO<INF>X</INF> control
technology that is technologically and economically feasible for the
Facility's three oil-fired engines, and that good combustion practices
ensure the NO<INF>X</INF> emissions will not exceed 5 grams per brake
horsepower-hour (g/bhp-hr). Good combustion practices for an engine
mean operating them in accordance with manufacturer specifications and
conducting prescribed maintenance based on the manufacturer's schedule.
NYSDEC reviewed the RACT demonstration and determined that the
alternate emission limit implements RACT for the three oil-fired
engines. Specifically, NYSDEC approved the following case-by-case
emission limit: (1) Condition 32. Subpart 227-2.5(c). RACT.
NO<INF>X</INF> one-hour average emissions from Emission Unit 1-STACK,
Process PEO, Emission Sources 0ENG2, 0ENG4, 0ENG6 shall not exceed 5.0
grams per brake horsepower-hour; monitored once
[[Page 31696]]
every five years; report semi-annually with the initial report due July
30, 2024. ``Alternate NO<INF>X</INF> RACT limit for the three engines
is 5.0 grams/bhp-hr as demonstrated in the June 2022 NO<INF>X</INF>
RACT analysis. The facility shall submit a testing protocol to the
Department for approval a minimum of 90 days prior to any stack
testing. The owner or operator will maintain records on-site for a
minimum of five years''; and (2) Condition 40. Subpart 201-6. The
permit authorizes the following regulated processes for the cited
Emission Unit: 1-STACK, Process: PEO, Process Description: ``Combustion
of No.2 distillate oil in three (3) caterpillar engine generator sets,
two (2) model D399's and one (1) model D3516. Each generator set
includes a 16-cylinder, 4 stroke water cooled engine running on no.2
fuel oil. Electrical power is generated by a revolving field, 3-phase
cat generator coupled at each of the three engines. Exhaust heat is
captured in three waste-heat exchangers before being exhausted through
a common 24-inch diameter manifold. These engines are house[d] in the
power plant and discharge underground to a common stack.'' Emission
Source/Control: 0ENG2--Combustion, Design Capacity: 850 kilowatts,
Emission Source/Control: 0ENG4--Combustion, Design Capacity: 850
kilowatts, Emission Source/Control: 0ENG6--Combustion, Design Capacity:
1,600 kilowatts.
We are proposing to determine that the following additional
technically feasible control options do not need to be implemented
because they are not cost effective: selective catalytic reduction
(SCR).
To determine what NO<INF>X</INF> control technologies could be
economically and technologically feasible for the three oil-fired
engines, the EPA reviewed the Reasonably Available Control Technology/
Best Available Control Technology/Lowest Achievable Emission Rate
Clearinghouse (RBLC) \3\ and the vendor quotes provided by the State as
part of the RACT evaluation. The EPA's RBLC search criteria were based
on the process type 17.000--Internal Combustion Engines, 17.100--Large
Internal Combustion Engines (500 HP), 17.110--Fuel Oil (ASTM #1,2,
includes kerosene, aviation, diesel fuel).
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\3\ 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 EPA's RBLC review reveals that there are 18 facilities in the
United States that operate with similar situations (having oil-fired
internal combustion engines in energy-generating facilities): (1)
Sycamore Riverside Energy LLC, located in Indiana with emergency
generators; (2) Blue Lake, located in Minnesota with emergency
generators; (3) Lansing Board of Water and Light--Delta Energy Park,
located in Michigan with an engine; (4) Nemadji Trail Energy Center,
located in Wisconsin with an emergency generator; (5) Maple Creek
Energy LLC, located in Indiana with an emergency fire pump and an
emergency generator; (6) Lansing Board of Water and Light--Erickson
Station, located in Michigan with an emergency engine; (7) Lincoln Land
Energy Center, located in Illinois with emergency engines; (8) Marshall
Energy Center North, LLC, located in Michigan with an emergency engine;
(9) Marshall Energy Center South, LLC, located in Michigan with an
emergency engine; (10) Magnolia Power Generating Station Unit 1,
located in Louisiana with an emergency diesel generator engine; (11)
Maidsville, located in West Virginia with an emergency generator and
fire water pump; (12) Shady Hills Combined Cycle Facility, located in
Florida with an emergency diesel generator; (13) Plant Barry, located
in Alabama with diesel emergency engines; (14) Nemadji Trail Energy
Center, located in Wisconsin with an emergency diesel generator; (15)
Indeck Niles, LLC, located in Michigan with a diesel fuel emergency
engine; (16) Thomas Township Energy, LLC, located in Michigan with an
engine; (17) Chickahominy Power LLC, located in Virginia with an
emergency diesel generator; and (18) Riverview Energy Corporation,
located in Indiana with an emergency fire pump and emergency generator.
The EPA also reviewed two vendor quotes for the three oil-fired engines
as contained in the SSSIP submission, and they appear to be technically
sound. Based on the EPA's review of the RBLC, the EPA did not identify
any other cost-effective NO<INF>X</INF> control technologies that have
become available that could be implemented on the Facility's three oil-
fired engines.
The EPA is proposing to determine that the proposed limit of 5.0 g/
bhp-hr for the three oil-fired engines implements RACT because: (1) the
6 NYCRR part 227 presumptive NO<INF>X</INF> limit for the three oil-
fired engines of 2.3 g/bhp-hr is not economically and technologically
feasible for this source; (2) no additional control technologies beyond
what are currently used at the three oil-fired engines are both
technically and economically feasible; and (3) the SIP revision
contains monitoring and reporting requirements associated with the
emission limit.
III. The EPA's Proposed Action
The EPA is proposing to approve this SIP revision because the
limits included in the SSSIP are demonstrated to implement RACT for
emission unit 1-STACK, emission sources 0ENG2, 0ENG4, 0ENG6
(representing the Facility's three oil-fired engines). Based on
information provided by NYSDEC, a thorough RBLC review of similar
sources, and an analysis of this source-specific SIP revision, the EPA
proposes to approve the Big Six's operation under the NYSDEC-approved
NO<INF>X</INF> emission limits for the Facility's three oil-fired
engines.
Specifically, the EPA proposes to determine the following limit and
associated requirements as implementing RACT: (1) the Facility must not
exceed the alternate NO<INF>X</INF> RACT limit for the three oil-fired
engines of 5.0 grams/bhp-hr as demonstrated in the June 2022
NO<INF>X</INF> RACT analysis, (2) the Facility shall submit a testing
protocol to the Department for approval a minimum of 90 days prior to
any stack testing, and (3) the owner or operator will maintain records
on-site for a minimum of five years.
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 the Big Six's Title V operating permit
conditions 19, 30, 31, 32, and 40 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).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations (42 U.S.C. 7410(k); 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed 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:
[[Page 31697]]
<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 an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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 CAA.
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. 2026-10642 Filed 5-27-26; 8:45 am]
BILLING CODE 6560-50-P
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