Rule2026-10769
Air Plan Approval; New York; Athens Generating Plant
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
May 29, 2026
Effective
June 29, 2026
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 Athens Generating Plant, located at 9300 US Route 9 West, Athens, NY 12015 (Athens or the Facility). In accordance with the requirements for implementation of the 2008 and 2015 ozone NAAQS, the EPA finds that the control options in New York's 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 action is being taken in accordance with the requirements of the Clean Air Act (CAA).
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Rules and Regulations]
[Pages 31928-31932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10769]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2025-0243; FRL-12785-02-R2]
Air Plan Approval; New York; Athens Generating Plant
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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 Athens Generating Plant,
located at 9300 US Route 9 West, Athens, NY 12015 (Athens or the
Facility). In accordance with the requirements for implementation of
the 2008 and 2015 ozone NAAQS, the EPA finds that the control options
in New York's 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 action is
being taken in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on June 29, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R02-OAR- 2025-0243. 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., Controlled
Unclassified Information (CUI) (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>.
FOR FURTHER INFORMATION CONTACT: Nicholas Ferreira, Environmental
Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York,
New York 10007-1866, telephone number: (212) 637-3127, email address:
<a href="/cdn-cgi/l/email-protection#6204071010070b10034c0c0b010a0d0e0311220712034c050d14"><span class="__cf_email__" data-cfemail="b9dfdccbcbdcd0cbd897d7d0dad1d6d5d8caf9dcc9d897ded6cf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: For additional information on regulatory
background and the EPA's technical findings relating to RACT for the
Facility, 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. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
[[Page 31929]]
I. What is the background for this action?
On November 20, 2025 (90 FR 52308), the EPA published a notice of
proposed rulemaking that proposed to approve a State Implementation
Plan (SIP) revision submitted by the State of New York on April 22,
2024, for purposes of establishing RACT emission limits for applicable
units at the Athens Generating Plant. The SIP revision establishes the
lowest NO<INF>X</INF> emission limits, with the application of existing
control technologies for Athens's three combined-cycle combustion
turbines (Emission Units U-00001, U-00002, and U-00003). The three
emission units are subject to the requirements of 6 New York Code of
Rules and Regulations (NYCRR) subpart 227-2, ``Reasonably Available
Control Technology (RACT) for Major Facilities for Oxides of Nitrogen
(NO<INF>X</INF>).'' Specifically, the emission units are subject to 6
NYCRR 227-2.4(e)(3),\1\ which requires a source-specific RACT proposal
for combustion turbines operating after July 1, 2014, to be submitted
to the New York State Department of Environmental Conservation (NYSDEC)
and then to the EPA as a SSSIP.
---------------------------------------------------------------------------
\1\ 78 FR 41846 (July 12, 2013).
---------------------------------------------------------------------------
The State's April 24, 2024 SIP submission includes a RACT
determination confirming that the existing controls are consistent with
the Best Available Control Technology (BACT) and Lowest Achievable
Emission Rate (LAER) requirements for NO<INF>X</INF>. Specifically, the
Facility employs Dry Low-NO<INF>X</INF> (DLN) combustion when firing
natural gas and steam injection when firing distillate fuel oil, both
in conjunction with a Selective Catalytic Reduction (SCR), to satisfy
the BACT/LAER requirements. Because the NYSDEC considers BACT and LAER
requirements to be generally more stringent than the applicable RACT
requirements,\2\ they 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). The EPA's November 20, 2025 (90 FR 52308) proposed
action further outlines the EPA's review of the RACT determination in
the SSSIP submittal for the emission units in a manner that is
consistent with the CAA and the EPA's regulations, as interpreted
through the EPA's actions and guidance.
---------------------------------------------------------------------------
\2\ See TSD, ``Background on the Facility,'' page 3 for further
explanation on BACT and LAER requirements, as well as why the
existing controls at the facility are considered sufficient to
satisfy RACT requirements.
---------------------------------------------------------------------------
With this final rulemaking, the EPA is approving conditions #38,
54, 62, 82, and 83 from Permit ID No. ID No. 4-1922-0055/00005 for
incorporation by reference into New York's SIP. Additional details
regarding New York's SIP submittal and the rationale for the EPA's
approval are explained in the EPA's proposed rulemaking and the
Technical Support Document (TSD) in the docket; therefore, they are not
restated in this final action. For this detailed information, the
reader is referred to the EPA's November 20, 2025, proposed rulemaking
(90 FR 52308).
II. What comments were received in response to the EPA's proposed
action?
In response to the EPA's proposed rulemaking to revise New York's
SIP, published on November 20, 2025 (90 FR 52308), the EPA received one
comment during the 30-day public comment period, which ended on
December 22, 2025. The commenter raised several unrelated issues with
the EPA's proposed rulemaking, so the EPA has divided the comment into
multiple elements for response. The specific comment may be viewed
under Docket ID Number EPA-R02-OAR-2025-0243 on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
Comment: The commenter asserts that the notice or docket should
contain the complete NYSDEC permit or order language proposed for
Federal enforceability, along with any associated monitoring,
recordkeeping, or reporting provisions being incorporated, in
accordance with 1 CFR part 51. The commenter further asserts that if
any materials proposed for incorporation are not reasonably available,
the EPA should supplement the docket and re-open the comment period or
refrain from finalizing its rulemaking.
Response: In the EPA's proposed action, ``Section III. Proposed
Action'' and ``Section IV. Incorporation by Reference'' identified that
the EPA proposed to approve, and incorporate by reference into the New
York SIP, the submitted permit conditions from the Title V Operating
Permit for Athens (ID No. 4-1922-0055/00005): 38, 54, 62, 82, and 83.
The EPA also provided the exact text of these aforementioned permit
conditions in the TSD for the EPA's proposed action. The Title V permit
and associated incorporation by reference permit conditions are in the
docket for the action in file: NYSDEC Air Title V Permit for Athens
Generating Plant, document EPA-R02-OAR-2025-0243-0004. The New York
Title V permit conditions that are being incorporated by reference into
the SIP with this final action are identical to those that were
proposed for incorporation by reference within EPA's November 20, 2025
(90 FR 52308) proposed action.
Comment: The commenter asserts that a CAA section 110(1) non-
interference demonstration is typically conducted by the EPA when a
source specific revision adjusts emission limits, averaging times,
startup/shutdown provisions, monitoring/recordkeeping/reporting, or
compliance methods. Given the size of Athens and its location in New
York's Ozone Transport Region, the commenter requests that the EPA
include a CAA section 110(l) demonstration comparing emissions before
and after the SIP revision to address cumulative and temporal effects
to ensure the revision does not interfere with attainment, maintenance,
FRP and other applicable requirements.
Response: The EPA recognizes the applicability of CAA section
110(l) to SIP revisions, but in this instance, disagrees that a CAA
section 110(l) demonstration would be necessary for approval of New
York's SIP revision pertaining to NO<INF>X</INF> emissions from the
RACT applicable units at Athens. Section 110(l) of the CAA prohibits
the EPA from approving a revision to the SIP if the revision would
interfere with any applicable requirement concerning attainment,
reasonable further progress, or any other requirement of the CAA. The
EPA does not interpret section 110(l) of the CAA to require a full
attainment or maintenance demonstration before any changes to a SIP may
be approved; rather, a SIP revision may be approved under CAA section
110(l) so long as the EPA finds it will preserve status quo air quality
at a minimum.
The EPA's analysis has determined that the RACT emission limits for
emission units U-00001, U-00002, and U-00003 will not increase
emissions or adversely impact air quality because these emission limits
have been in compliance with the SIP-approved emission limits
requirements under 6 NYCRR 227-2.4(e)(3) that were applicable to
combined-cycle combustion turbines in operation prior to July 1, 2014.
Moreover, the NYSDEC determined that the existing controls of DLN
combustion system when firing natural gas, and water or steam injection
when firing distillate fuel oil, both in combination with SCR, are
consistent with the BACT and LAER requirements for NO<INF>X</INF>. BACT
and LAER are generally the most stringent emission control standards
that can be applied to new or modified major sources of air pollution.
As a result, emission limits that satisfy BACT and LAER by their nature
support attainment of the ozone NAAQS.
[[Page 31930]]
Lastly, it is the EPA's understanding that the State of New York
will account for the air quality benefits achieved from controlling
emissions at the Facility in any future applicable ozone attainment or
reasonable further progress plans. Accordingly, the EPA has determined
that this SIP revision does not interfere with any applicable New York
ozone plan concerning attainment and reasonable further progress of the
NAAQS, or any applicable requirement of the CAA, negating the need for
a CAA section 110(1) demonstration.
Comment: The commenter states that if the EPA certifies under 5
U.S.C. 605(b) that an action will not significantly impact a
substantial number of small entities, it must provide a factual basis
for this certification. In cases where the EPA's approval of a SIP
makes terms federally enforceable and potentially alters obligations
for a facility, as is the case with this proposed action, the commenter
asserts a generic statement is insufficient. Therefore, the commenter
requests that the EPA either: (1) provide a specific 5 U.S.C. 605(b)
certification under the Regulatory Flexibility Act (RFA) explaining why
no small entities are directly regulated by this proposed action and
why indirect impacts on small entities are de minimus; or (2) prepare
an Initial Regulatory Flexibility Analysis (IRFA) if small entities
could be directly impacted by the conditions in this rulemaking.
Response: The RFA and IRFA requirements are inapplicable to this
rule because the EPA has certified that this rule will not have a
significant economic impact on a substantial number of small entities.
This action merely approves State choices for a single facility as
meeting requirements of the CAA and does not impose any additional
requirements beyond those already required by State law. The EPA's
proposed action on New York's submission did not establish any new
regulatory requirement to purchase and install pollution control
equipment on stationary sources at Athens. This rule is only expected
to incorporate RACT emission limits for Emission Units U-00001, U-
00002, and U-00003 at the Facility. The regulatory analysis provisions
of the RFA and the IRFA are only triggered by a threshold determination
when the Agency determines a rule will have a significant economic
impact on a substantial number of small entities. Nonetheless, because
the Agency has certified this rule will not have a significant economic
impact, section 603 and 604 do not apply to this rule. 5 U.S.C. 605(b).
Comment: The EPA does not clearly state whether the action contains
any information collection requirements as defined by the Paperwork
Reduction Act (PRA); specifically, whether the monitoring,
recordkeeping and reporting obligations at the Facility constitute a
``collection of information'' (and other associated subsequent
requirements such as identifying an Office of Management and Budget
(OMB) Control Number) by the EPA or the NYSDEC. If the PRA is not
applicable, the EPA should explicitly indicate accordingly via a PRA
determination.
Response: The PRA does not apply to this action. The PRA generally
provides that every Federal agency must obtain Office of Management and
Budget approval before using identical questions to collect information
from 10 or more persons. See 44 U.S.C. 3502(3); 3507. The EPA is not
conducting nor sponsoring the collection of information from 10 or more
persons. The EPA is approving New York's SIP submission which merely
approves State choices as meeting the CAA and does not impose any
additional requirements beyond those required by State law.
Comment: In accordance with the Unfunded Mandates Reform Act (UMRA)
(2 U.S.C. 1501-1571), the EPA should include a determination that
explicitly addresses whether this action imposes enforceable duties of
$100 million or more in any year.
Response: The EPA has complied with the UMRA by making its own
determination that this rule will not result in expenditures of $100M
or more a year, and therefore the Agency does not need to complete a
statement under 2 U.S.C. 1532. In addition, as the commenter also
claims, this SIP revision is source-specific and only applicable to a
single facility; therefore, it does not create a mandate that imposes
additional mandates beyond State law. As a result, a statement
regarding the EPA's UMRA determination is not necessary for this rule.
Comment: The EPA should state whether this action is a
``significant regulatory action'' under Executive Order (E.O.) 12866
and whether it was submitted to OMB for review; as well as a
determination of whether E.O. 13211 is applicable to the energy
generating units located at the Facility.
Response: The EPA has complied with E.O. 12866 by determining that
this rulemaking is not a significant regulatory action as defined in
E.O. 12866. This action will not: (1) have an annual effect on the
economy of $100 million or more; (2) create a serious inconsistency
with, or otherwise interfere with an action taken or planned by another
agency; (3) materially alter the budgetary impacts of entitlements,
grants, user fees or loan programs; (4) or raise novel legal or policy
issues. This action instead applies existing standards to conclude that
New York's SIP submission meets the requirements of the CAA.
Regarding E.O. 13211, the EPA has determined that this action is
applicable to energy generating units located at Athens. To clarify,
this action is not considered a ``significant energy action'' (as
defined by E.O. 13211) because it does not impose any new applicable
restrictions on energy production at Athens. This action will also not
result in any unintended negative impacts on energy availability and
costs; therefore, there are no significant energy implications that
will result from this action and a comprehensive Statement of Energy
Effects (as required under E.O. 13211) is not necessary. As previously
stated, this action approves State choices as meeting the CAA and does
not impose any additional requirements beyond those required by State
law.
Comment: Given the size of the electricity generating unit (EGU) at
Athens and its location within a region that has ozone challenges, the
EPA should withdraw its direct final approval and proceed via the
standard notice-and-comment process to ensure robust input on any
change to emission limits, averaging times, or enforceability
provisions.
Response: This claim relies on the commenter's mistaken belief that
the EPA issued a final rule with the November 20, 2025 (90 FR 52308)
proposed action. The EPA published a notice of proposed rulemaking on
November 20, 2025, and not a final rule, which included a 30-day public
comment period on the proposed rulemaking which closed on December 22,
2025. The agency did not engage in a direct final rule. Furthermore,
the proposed rule was not a final action for the commenter to petition
the EPA for a stay or delay of a yet-to-be-established effective date.
Nonetheless, the EPA disagrees with the commenter, and as demonstrated
by the responses to comments in this final rule, the EPA has considered
all relevant comments received on its proposal.
III. What action is the EPA taking?
The EPA is approving New York's Source-specific SIP revision for
Athens Generating Plant, as submitted on April 22, 2024, for the
purposes of satisfying NO<INF>X</INF> RACT requirements that are
[[Page 31931]]
consistent with the CAA. Specifically, the EPA is approving the
following requirements as implementing RACT for Emission Units U-00001,
U-00002, and U-00003. The Facility must: (1) continue to implement the
current combined-cycle combustion turbine NO<INF>X</INF> emission
controls of SCR and DLN 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 a continuous emission monitoring system (CEMS) and reported
on a semi-annual basis (Conditions #54 and 62); and (3) limit
NO<INF>X</INF> emissions 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, 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 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 of
conditions #38, 54, 62, 82, and 83 within the Athens Generating Plant's
Title V operating permit, described in the amendments to 40 CFR part 52
as discussed in sections I and II of this preamble. These documents are
available in the docket of this rule through <a href="https://www.regulations.gov">https://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 rule of the EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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
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 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).
This rule is exempt from the Congressional Review Act because it is
a rule of particular applicability.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 28, 2026. 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 CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of Nitrogen, Ozone,
Reporting and recordkeeping requirements.
Michael Martucci,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, 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. In Sec. 52.1670, the table in paragraph (d) is amended by adding
the entry ``Athens Generating Plant'' at the end of the table to read
as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(d) * * *
EPA--Approved New York Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Identifier No. date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Athens Generating Plant......... 4-1922-0055/00005 07/01/2022 5/29/2026 RACT emission
limits 38, 54,
62, 82, and 83.
----------------------------------------------------------------------------------------------------------------
[[Page 31932]]
* * * * *
[FR Doc. 2026-10769 Filed 5-28-26; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 29, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.