[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Rules and Regulations]
[Pages 49617-49619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25232]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NY24-2-172b, FRL-5892-5]
Approval and Promulgation of Implementation Plans; Reasonably
Available Control Technology for Oxides of Nitrogen for Specific
Sources in the State of New York
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is announcing approval of three (3) revisions to the
State Implementation Plan (SIP) for ozone submitted by the State of New
York. These revisions consist of source-specific reasonably available
control technology (RACT) determinations for controlling oxides of
nitrogen (NOX) from these sources in New York. The intended
effect of this action is to approve the source-specific RACT
determinations made by New York in accordance with State provisions.
This action is being taken in accordance with section 110 of the Clean
Air Act (the Act).
DATES: This rule is effective on November 24, 1997 unless adverse or
critical comments are received by October 23, 1997. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: All comments should be addressed to: Ronald J. Borsellino,
Chief, Air Programs Branch, Environmental Protection Agency, Region 2
Office, 290 Broadway, New York, New York 10007-1866.
Copies of the State submittals are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
New York Department of Environmental Conservation, Division of Air
Resources, 50 Wolf Road, Albany, New York 12233.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW., Washington,
DC 20460.
FOR FURTHER INFORMATION CONTACT: Ted Gardella or Rick Ruvo, Air
Programs Branch, Environmental Protection Agency, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
A. Background
The air quality planning requirements for the reduction of
NOX emissions through RACT are set out in section 182(f) of
the Act. Section 182(f) requirements are described by EPA in a Federal
Register, ``State Implementation Plans; Nitrogen Oxides Supplement to
the General Preamble; Clean Air Act Amendments of 1990 Implementation
of Title I; Proposed Rule,'' published November 25, 1992 (57 FR 55620).
The November 25, 1992 Federal Register should be referred to for
detailed information on the NOX requirements. Additional
guidance memoranda which have been released subsequent to the
NOX Supplement should also be referred to.
The EPA has defined RACT as the lowest emission limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility (44 FR 53762, September 17, 1979).
Section 182(f) of the Act requires states within ozone
nonattainment areas classified moderate or above or areas within the
ozone transport region to apply the same requirements to major
stationary sources of NOX ``major'' as defined in section
302 and section 182(c), (d), and (e)) as are applied to major
stationary sources of volatile organic compounds (VOCs). For more
information on what constitutes a major source, see section 2 of the
NOX Supplement to the General Preamble.
Section 182(b)(2) requires submittal of RACT rules for major
stationary sources of VOC emissions (not covered by a pre-enactment
control technique guidelines (CTG) document or a post-enactment CTG
document) by November 15, 1992. There were no NOX CTGs
issued before enactment and EPA has not issued a CTG document for any
NOX sources since enactment. States, in their RACT rules,
are expected to require final installation of the actual NOX
controls by May 31, 1995 from those sources for which installation by
that date is practicable.
States within the Northeast ozone transport region established by
section 184(a) should have revised their SIPs to include the RACT
measures by November 15, 1992. Because major sources in states in an
ozone transport region are generally subject to at least the same level
of control as sources in moderate ozone nonattainment areas, EPA
believes that the schedule for implementing these RACT rules in the
ozone transport region should be consistent with the requirements of
section 182(b)(2) which requires the state to provide for
implementation of the actual NOX controls as expeditiously
as practicable but no later than May 31, 1995. Based on sections
182(f)and 184(a) and (b), New York is required to apply the
NOX RACT requirements Statewide.
B. New York's NOX RACT Regulations
New York held public hearings in April 1993 on 6 NYCRR subpart 227-
2, the State's NOX RACT plan entitled ``Reasonably Available
Control Technology For Oxides of Nitrogen (NOX RACT)--
Stationary Combustion Installations.'' Following the public hearings
and the comment period, the plan was adopted and signed on January 19,
1994. On January 20, 1994, the plan was submitted to EPA as a revision
to the SIP and EPA found it to be administratively and technically
complete on April 15, 1994. Proposed EPA action on the January 20, 1994
submittal is expected to be published in the Federal Register soon.
C. Case-by-Case RACT Determinations
Provisions within subpart 227-2 establish a procedure for a case-
by-case determination of what represents RACT for an item of equipment
or source operation. This procedure is applicable in two situations:
(1) If the major NOX facility contains any source operation
or item of equipment of a category not specifically regulated in
subpart 227-2, or (2) if the owner or operator of a source operation or
item of equipment of a category that is regulated in subpart 227-2
seeks approval of an alternative maximum allowable emission limit.
Subpart 227-2 requires the owners and/or operators of the affected
facility to submit either a RACT proposal if they are not covered by
specific emission limitations or a request for an alternative maximum
allowable emission limit if they are covered by specific emission
limitations. For each situation, the owners/operators must include a
technical and economic feasibility analysis of the possible alternative
control measures. RACT determinations for an alternative maximum
allowable emission limit must consider alternative control strategies
(i.e., system wide averaging and fuel switching) in addition to
considering control technologies (e.g., low NOX burners). In
either case, subpart 227-2 provides for New York to
[[Page 49618]]
establish emission limits based upon a RACT determination specific to
the facility. The resulting alternative maximum allowable emission
limit must be submitted to EPA for approval as a SIP revision.
D. Analysis of State Submittals
The three (3) source-specific SIP revisions that are the subject of
this action were all adopted by New York at different times during 1995
and 1996 and were found by EPA to be administratively and technically
complete. Each of the three SIP revisions were requests by New York for
EPA approval of alternative emission limits in accordance with
provisions of subpart 227-2 for stationary combustion sources. Prior to
adoption, New York published their proposed RACT determinations in
local newspapers and/or their Environmental Notice Bulletin and
provided 30 days for public comment and an opportunity to request a
public hearing. There were no requests for public hearings and New York
reviewed and responded to all comments made. New York determined that
the alternative maximum allowable emission limits proposed by the
owners conform with the applicable provisions of Subpart 227-2. New
York has issued to each owner a permit to construct and/or certificate
to operate incorporating approved permit conditions which are fully
enforceable by the State and which contain conditions consistent with
subpart 227-2. These permitted documents are identified in the
``Incorporation by reference'' section at the end of this rulemaking.
EPA has determined that the NOX emission limits
identified in New York's approved permits to construct and/or
certificates to operate represent RACT for each source identified in
this action. The permit conditions include emission limits, work
practice standards, testing, monitoring, and recordkeeping/reporting
requirements. These permit conditions are consistent with the
NOX RACT requirements specified in subpart 227-2 and conform
to EPA's NOX RACT guidance. Therefore, EPA is approving the
three source-specific SIP revisions submitted by New York dated
February 22, 1996, June 21, 1996 and June 25, 1996 as identified in
this Federal Register.
EPA's evaluation of each RACT submittal is detailed in a document
dated June 19, 1997, entitled ``Technical Support Document-
NOX RACT Source-Specific SIP Revisions-State of New York.''
A copy of that document is available, upon request, from the EPA
Regional Office listed in the ADDRESSES section of this document.
The following is a summary of EPA's findings of each source-
specific SIP revision where the owner or operator of a source operation
or item of equipment seeks approval of a RACT emission limit different
from that which is established in subpart 227-2. This rulemaking takes
action only on the permitted emission limits and conditions of approval
related to emissions of NOX; action is not being taken on
any other pollutants which may be permitted by New York with regard to
these sources.
1. University of Rochester
The University of Rochester operates two oil-fired boilers in
Rochester, Monroe County. Boiler # 3 is categorized as a mid-size
boiler and Boiler # 5 is categorized as a large boiler. The facility's
RACT analysis concluded, and New York agreed, that RACT for each boiler
is the application of burner tuning with oxygen trim and limiting the
annual fuel consumption to 1,000,000 gallons per boiler. The
alternative NOX emission limit is 0.425 pounds
NOX per million BTUs (lbs/MM BTU).
2. Morton International, Incorporated
Morton International, Incorporated operates a mid-size standby gas-
fired boiler at its Silver Springs facility in Wyoming County. The
facility's RACT analysis concluded, and New York agreed, that RACT is
limiting the hours of operation to 500 during any consecutive twelve
(12) month period. A rolling 12-month total is to be computed monthly.
The alternative NOX emission limit is 3.1 tons per year,
equivalent to 0.135 lbs/MM BTU.
3. Algonquin Gas Transmission Company
Algonquin Gas Transmission Company operates four 2700- horsepower
natural gas-fired, reciprocating lean-burn internal combustion engines
at its Stony Point Compressor Station in Rockland County. The
facility's RACT analysis concluded, and New York agreed, that RACT is
the use of a high energy ignition system combined with air-to-fuel
ratio control for each engine. The alternative NOX emission
limit for each engine is 5.1 grams per horsepower-hour (g/hp-hr).
Final Action
EPA is approving three source-specific RACT determinations as
described above as RACT for the control of NOX emissions and
the corresponding permit conditions for the sources identified.
The EPA is publishing this direct final rule without prior proposal
because the Agency views this as a noncontroversial amendment and
anticipates no adverse comments. However, in a separate document in
this Federal Register publication, the EPA is publishing a proposal to
approve these same three source-specific SIP revisions. The final rule
will be effective November 24, 1997 unless adverse or critical comments
are received by October 23, 1997 in which case this direct final rule
will be withdrawn. EPA will make all efforts to have the final action
withdrawing this direct final rule published in the Federal Register
prior to the effective date of the direct final action. All public
comments received will be addressed in a subsequent final rule based on
the proposed rule and the rationale in the preamble of this direct
final rule. The EPA will not institute a second comment period on these
actions. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this direct final rule will be effective November 24,
1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Administrative Requirements
Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
[[Page 49619]]
SIP approvals under section 110 and subchapter I, part D of the Act
do not create any new requirements but simply approve requirements that
the state is already imposing. Moreover, this action does not involve
generally applicable requirements, but specific requirements for each
facility which both the source owner and the State have determined to
be economically and technologically reasonable. This action only
affects the sources which have requested the SIP revision and which are
not small entities. Therefore, EPA certifies that this approval action
does not have a significant impact on small entities.
Unfunded Mandates Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under state or local law, and imposes no new
Federal requirements. Accordingly, no additional annual costs to state,
local, or tribal governments, or to the private sector, result from
this action.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 24, 1997. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: September 2, 1997.
William J. Muszynski,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart HH--New York
2. Section 52.1670 is amended by adding new paragraph (c)(91) to
read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
(91) Revisions to the State Implementation Plan submitted by the
New York State Department of Environmental Conservation on February 22,
1996, June 21, 1996 and June 25, 1996.
(i) Incorporation by reference.
(A) Permits to Construct and/or Certificates to Operate: The
following facilities have been issued permits to construct and/or
certificates to operate by New York State and such permits and/or
certificates are incorporated for the purpose of establishing
NOX emission limits consistent with Subpart 227-2:
(1) Morton International Inc.'s mid-size gas-fired boiler, emission
point 00027, Wyoming County; New York permit approval dated September
1, 1995 and Special Conditions letter dated August 23, 1995.
(2) University of Rochester's two oil fired boilers, emission
points 00003 and 00005, Monroe County; New York permit approval dated
April 25,1996 and Special Permit Conditions issued March 19, 1996.
(3) Algonquin Gas Transmission Company's four gas-fired
reciprocating internal combustion engines, emission points R0100,
R0200, R0300, and R0400, Rockland County; New York permit and Special
Conditions approval dated September 23, 1991; New York Special
Conditions documents dated March 18, 1996 for emission points RO100,
RO200, and RO300; and March 29, 1996 for emission point RO400; and
Permit Correction dated August 8, 1996.
(ii) Additional information. Documentation and information to
support NOX RACT alternative emission limits in three
letters addressed to EPA from New York State Department of
Environmental Conservation and dated as follows:
(A) February 22, 1996 letter to Regional Administrator Jeanne Fox
from Commissioner Michael D. Zagata for a SIP revision for Morton
International, Inc.
(B) June 21, 1996 letter to Mr. Conrad Simon, Director of the Air
and Waste Management Division from Deputy Commissioner David Sterman
for a SIP revision for the Algonquin Gas Transmission Company.
(C) June 25, 1996 letter to Mr. Conrad Simon, Director of the Air
and Waste Management Division from Deputy Commissioner David Sterman
for a SIP revision for the University of Rochester.
[FR Doc. 97-25232 Filed 9-22-97; 8:45 am]
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