[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Proposed Rules]
[Pages 11688-11691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03775]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2020-0324, FRL-10018-42-Region 2]


Approval and Promulgation of Implementation Plans; New York; 
Ozone Season NOX Controls for Simple Cycle and Regenerative Combustion 
Turbines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the New York State Implementation Plan (SIP) for 
ozone concerning the control of oxides of nitrogen (NO<INF>X</INF>). 
The EPA is proposing to approve a SIP revision of a New York regulation 
that lowers allowable NO<INF>X</INF> emissions from simple cycle and 
regenerative combustion turbines during the ozone season. The lower 
emissions from these sources will help to address Clean Air Act (CAA) 
requirements, ozone nonattainment, and protect the health of New York 
State residents.

DATES: Written comments must be received on or before March 29, 2021.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2020-0324 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental 
Protection Agency, 290 Broadway, New York, New York 10007-1866, at 
(212) 637-3378, or by email at <a href="/cdn-cgi/l/email-protection#32665344574053411c74534741465d725742531c555d44"><span class="__cf_email__" data-cfemail="bbefdacddec9dac895fddacec8cfd4fbdecbda95dcd4cd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Supplementary Information section is 
arranged as follows:

Table of Contents

I. What action is the EPA proposing?
II. What is the background for this proposed rulemaking?
III. What did New York submit?
IV. What is the EPA's evaluation of New York's SIP submittal?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    The EPA is proposing to approve a revision to the New York SIP 
submitted by the State of New York on May 18, 2020. The SIP revision 
includes a newly-adopted regulation, Title 6 of the New York Code of 
Rules and Regulations (NYCRR), Subpart 227-3, ``Ozone Season Oxides of 
Nitrogen (NO<INF>X</INF>) Emission Limits for Simple Cycle and 
Regenerative Combustion Turbines'', that reduces NO<INF>X</INF> 
emissions from simple cycle and regenerative combustion turbines during 
the ozone season. The EPA is proposing to approve New York's May 2020 
SIP submittal, which applies to major sources of NO<INF>X</INF>, as a 
SIP-strengthening measure for New York's ozone SIP.
    The EPA is also proposing to approve into the SIP the new version 
of 6 NYCRR Subpart 227-3, ``Pre-2003 Nitrogen Oxides Emissions Budget 
and Allowance Program'' (New York's 227-3 Trading Program Regulation). 
New York's 227-3 Trading Program Regulation contained a NO<INF>X</INF> 
emissions budget and allowance trading system that is no longer in 
effect and that New York repealed from the New York Code of Rules and 
Regulations on September 5, 2014.

II. What is the background for this proposed rulemaking?

2008 and 2015 Ozone NAAQS Revisions

    In March 2008, EPA revised the health-based National Ambient Air 
Quality Standard (NAAQS) for ozone to 0.075 parts per million (ppm) 
averaged over an 8-hour time frame (2008 8-hour ozone standard). In 
October 2015, the EPA revised this standard to 0.070 ppm averaged over 
an 8-hour time frame (2015 8-hour ozone standard).
    On May 21, 2012, the EPA finalized its attainment/nonattainment 
designations for areas across the country with respect to the 2008 8-
hour ozone standard and, on July 20, 2012, the designations became 
effective. See 77 FR 30160 (May 21, 2012). The New York-Northern New 
Jersey-Long Island Connecticut metropolitan area (NYMA) was designated 
by the EPA as a ``marginal'' nonattainment area for the 2008 ozone 
NAAQS.\1\ In 2016, the EPA determined that the NYMA did not attain the 
2008 ozone standard by the July 20, 2015 attainment date and was 
reclassified from a ``marginal'' to a ``moderate'' nonattainment area. 
See 81 FR 26697 (May 4, 2016). State attainment plans for ``moderate'' 
nonattainment areas were due by January 1, 2017. See id. On April 30, 
2018, the EPA finalized its attainment/nonattainment designations for 
most areas across the country as to the 2015 8-hour ozone standard, in 
which the NYMA was designated by the EPA as a ``moderate'' 
nonattainment area. See 83 FR 25776 (June 4, 2018). On September 23, 
2019, the EPA reclassified the NYMA to ``serious'' nonattainment as to 
the 2008 8-hour ozone standard. See 84 FR 44238 (August 23, 2019). The 
serious area attainment date and the deadline for RACT measures not 
tied to attainment is July 20, 2021. See id.
---------------------------------------------------------------------------

    \1\ The New York portion of the NYMA, is composed of the five 
boroughs of New York City and the surrounding counties of Nassau, 
Suffolk, Westchester, Rockland and the Shinnecock Indian Nation. See 
40 CFR 81.333.
---------------------------------------------------------------------------

New York's NOX Trading Programs

    On April 19, 2000, the EPA approved New York's 227-3 Trading 
Program Regulation into New York's SIP for ozone. See 65 FR 20905 
(April 19, 2000). New York's 227-3 Trading Program Regulation 
implemented New York's NO<INF>X</INF> budget and allowance trading 
program for large electricity and industrial sources. The regulation 
addressed New York's portion of the Ozone Transportation Commission 
(OTC) regional nitrogen oxides budget and allowance (NO<INF>X</INF> 
Budget) trading program that reduced NO<INF>X</INF> emissions generated 
within the Ozone Transport Region, which included New York State. The 
OTC had adopted a Memorandum of Understanding (MOU) on September 27, 
1994, which obligated signatory states to regionwide ozone season 
reductions in NO<INF>X</INF> emissions, with one phase of reductions 
occurring by 1999, and further NO<INF>X</INF> emission reductions 
beginning in 2003 to help achieve attainment of the 1997 ozone NAAQS. 
New York's 227-3 Trading Program Regulation addressed the

[[Page 11689]]

emission reductions required by 1999, and included NO<INF>X</INF> 
emission caps for the 1999, 2001, and 2002 ozone seasons.
    New York's 6 NYCRR Subpart 204, NO<INF>X</INF> Budget Trading 
Program, approved into the SIP on May 22, 2001 (see 66 FR 28059 (May 
22, 2001)), superseded New York's 227-3 Trading Program, and addressed 
the additional NO<INF>X</INF> emissions reductions required by the MOU 
beginning in 2003. Subpart 204 also addressed New York's transport 
obligations under the NO<INF>X</INF> SIP call,\2\ which was promulgated 
by EPA to address NO<INF>X</INF> emissions that traveled across state 
boundaries that interfered with downwind attainment and maintenance of 
the 1979 ozone NAAQS.
---------------------------------------------------------------------------

    \2\ The NO<INF>X</INF> SIP call (63 FR 57356, October 27, 1998) 
required 22 eastern states, including New York, to submit SIPs to 
address the regional transport of ozone through reductions in 
NO<INF>X</INF> to help achieve the 1979 ozone NAAQS.
---------------------------------------------------------------------------

    In October 2005, the EPA promulgated the Clean Air Interstate Rule 
(CAIR) to address transported emissions that significantly contributed 
to downwind states' nonattainment and interfered with maintenance of 
the 1997 ozone (as well as 1997 PM<INF>2.5</INF> NAAQS).\3\ CAIR 
included additional ozone season NO<INF>X</INF> emission reductions 
beginning in 2009 under a Federal Implementation Plan (FIP). On January 
24, 2008, the EPA approved a New York SIP revision, which established a 
CAIR state trading program for New York for ozone season NO<INF>X</INF> 
emissions (as well as annual sulfur dioxide (SO<INF>2</INF>) and annual 
NO<INF>X</INF> emissions). See 73 FR 4109 (January 24, 2008). The EPA 
determined that New York's CAIR trading program rules, which replaced 
the existing CAIR FIP for New York, met the CAIR requirements. New 
York's CAIR Ozone Season Trading Program was implemented under NYCRR 
Subpart 243, ``CAIR NO<INF>X</INF> Ozone Season Trading Program.'' New 
York's CAIR NO<INF>X</INF> Ozone Season Trading Program superseded 
NYCRR Subpart 204.
---------------------------------------------------------------------------

    \3\ CAIR (70 FR 25162, May 12, 2005) required 28 states, 
including New York, to reduce emissions of NO<INF>X</INF> and 
SO<INF>2</INF>.
---------------------------------------------------------------------------

    CAIR was followed by the Cross-State Air Pollution Rule (CSAPR) \4\ 
in August 2011. CSAPR addressed the same NAAQS as CAIR, as well as the 
2006 PM<INF>2.5</INF> NAAQS.\5\ CSAPR promulgated FIPs requiring 
affected States, including New York, to participate in federal trading 
programs to reduce ozone season NO<INF>X</INF> emissions (as well 
annual SO<INF>2</INF> and annual NO<INF>X</INF> emissions). CSAPR was 
updated in 2016 to address eastern states transport obligations with 
regard to the 2008 ozone NAAQS. Among other things, the CSAPR update 
further lowered New York's ozone season NO<INF>X</INF> budget to 
address the more stringent ozone NAAQS. CSAPR required additional 
NO<INF>X</INF> emission reductions under a FIP, which EPA began 
implementing on January 1, 2015.\6\ Under CSAPR, states could submit an 
``abbreviated'' SIP revision that, upon approval, replaced the default 
allocations and/or applicability provisions of CSAPR federal trading 
programs.
---------------------------------------------------------------------------

    \4\ The EPA promulgated CSAPR (76 FR 48208, August 8, 2011) to 
replace CAIR, which was remanded to EPA in 2008 by the United States 
Court of Appeals for the District of Columbia.
    \5\ CSAPR Update rule (81 FR 74504, October 26, 2016) required 
22 eastern states to limit emissions of NO<INF>X</INF>.
    \6\ CSAPR implementation was stayed during the course of 
litigation in the D.C. Circuit and the Supreme Court until the D.C. 
Circuit lifted the stay on October 23, 2014.
---------------------------------------------------------------------------

    On August 8, 2019, the EPA approved a New York ``abbreviated'' SIP 
revision, which established New York's CSAPR state trading program for 
ozone season NO<INF>X</INF> emissions (as well as annual SO<INF>2</INF> 
and annual NO<INF>X</INF> emissions). See 84 FR 38878 (August 8, 2019). 
The EPA determined that New York's CSAPR trading program rules, which 
replaced provisions of the CSAPR FIP for New York, met the requirements 
of the CSAPR federal trading program. New York's CSAPR Ozone Season 
Trading Program was implemented under NYCRR Subpart 243, ``CSAPR 
NO<INF>X</INF> Ozone Season Group 2 Trading Program.'' In the August 8, 
2019 final rule approving New York's CSAPR trading program, EPA also 
approved a request by New York to rescind from the SIP NYCRR Subpart 
243, ``CAIR NO<INF>X</INF> Ozone Season Trading Program,'' which 
implemented New York's discontinued CAIR trading program for ozone 
season NO<INF>X</INF> emissions. On November 12, 2015, New York adopted 
amendments to 6 NYCRR Subpart 243 that repealed and replaced CAIR 
trading program rules with CSAPR trading program rules. Subsequently, 
on November 11, 2018, New York adopted amendments to NYCRR Subpart 243 
that repealed and replaced the November 12, 2015 adopted rules with new 
versions of New York's CSAPR trading program rules to conform with the 
EPA's 2016 CSAPR update. In a Direct Final Rule approving New York's 
CSAPR rules,\7\ the EPA determined that, consistent with CAA section 
110(l), the removal of New York's CAIR trading program rules, would not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
NAAQS.
---------------------------------------------------------------------------

    \7\ On May 21, 2019 (84 FR 22995 and 84 FR 22972), EPA 
simultaneously published a proposed rule and a direct final rule to 
approve new York's CSAPR trading program rules. The EPA received a 
public comment on the proposed rule and intended to withdraw the 
direct final rule prior to the effective date of June 20, 2019. 
However, the EPA inadvertently did not withdraw the direct final 
rule prior to that date and the rule prematurely became effective on 
June 20, 2019. In the August 8, 2019 final rule (84 FR 38878, August 
8, 2019), the EPA responded to the public comment, approved the 
revised versions of New York's rules, and amended the effective date 
of the regulations' inclusion into the SIP.
---------------------------------------------------------------------------

III. What did New York submit?

    On May 18, 2020, the New York State Department of Environmental 
Conservation (NYSDEC or New York) submitted to the EPA a formal 
revision to its SIP. The proposed SIP revision consists of 6 NYCRR 
Subpart 227-3, ``Ozone Season Oxides of Nitrogen (NO<INF>X</INF>) 
Emission Limits for Simple Cycle and Regenerative Combustion 
Turbines''. On December 11, 2019, New York adopted 6 NYCRR Subpart 227-
3, ``Ozone Season Oxides of Nitrogen (NO<INF>X</INF>) Emission Limits 
for Simple Cycle and Regenerative Combustion Turbines''.\8\ Simple 
cycle combustion turbines (SCCTs), also known as peaking units 
(peakers), run to meet electric load during periods of peak electricity 
demand. These peakers generally have either no or low-level 
NO<INF>X</INF> emission controls and typically operate during periods 
of elevated temperature when electric demand increases. Many of the 
peakers impacted by New York's rule are located in the New York portion 
of the NYMA. Due to peakers' low-level NO<INF>X</INF> emission 
controls, peakers within the NYMA demonstrate very high NO<INF>X</INF> 
emissions which contribute to the formation of ground-level ozone 
within the area. During these periods of elevated temperature, ozone 
levels tend to rise to unhealthy levels in ozone nonattainment areas. 
Inclusion in the SIP of more stringent NO<INF>X</INF> emission limits 
for SCCTs located throughout the State, and particularly in the New 
York portion of the NYMA, would provide additional NO<INF>X</INF> 
reductions to help attain the 2008 and 2015 ozone NAAQS and protect the 
health of New York residents. New York has elected to phase in the 
NO<INF>X</INF> emission limits during the ozone season for SCCTs with a 
nameplate capacity of 15 megawatts (MWs) or greater that inject power 
into the transmission or distribution system. New York believes the 
phase-in approach for the NO<INF>X</INF> emission limit would enable 
owners or operators with

[[Page 11690]]

affected sources to plan over a longer term.
---------------------------------------------------------------------------

    \8\ New York proposed the rule on February 27, 2019 and the 
public comment period ended on May 20, 2019. New York then re-
proposed the rule on August 21, 2019 and the public comment period 
ended on October 7, 2019.
---------------------------------------------------------------------------

    The rule requires, in pertinent part, all impacted SCCTs owners or 
operators to submit, by March 2, 2020, a compliance plan that, for each 
affected source, must contain identifying numbers (such as facility 
number, source number, and name) and a schedule that outlines how the 
owner or operator will comply with the rule's requirements. The 
compliance plan must also include a list of the emission sources in 
which the owner or operator will install controls, what those controls 
will be, and which sources will be replaced or repowered. NYSDEC has 
informed the EPA that the required compliance plans were received from 
the impacted SCCTs owners or operators.
    As of May 1, 2023, the first phase of the NO<INF>X</INF> emission 
limits will become effective, at which time the facility-level weighted 
average of each affected SCCT must comply with a daily NO<INF>X</INF> 
emission limit of 100 ppmvd during the ozone season.\9\ As of May 1, 
2025, the second and final phase of NO<INF>X</INF> emission limits will 
become effective, at which time the facility-level weighted average of 
each affected SCCTs must comply with a daily NO<INF>X</INF> emission 
limit of 25 ppmvd for gaseous fuels and 42 ppmvd for distillate oil or 
other liquid fuel. The owner or operator of each affected SCCT must 
measure and monitor NO<INF>X</INF> emissions by conducting a stack 
test, consistent with 6 NYCRR Section 227-2.6(c), at least once per 
permit term. Owners or operators may also choose to monitor with a 
Continuous Emissions Monitoring System (CEMS), consistent with 6 NYCRR 
Section 227-2.6(b), or with an equivalent monitoring system acceptable 
to New York. The owner or operator of each SCCT must also report 
operational data to New York as part of their annual compliance report.
---------------------------------------------------------------------------

    \9\ The NO<INF>X</INF> emission limits are on a parts per 
million dry volume basis (ppmvd), corrected to 15% oxygen.
---------------------------------------------------------------------------

    Under Section 227-3.5, New York's rule provides two additional 
compliance options to offer flexibility for owners and operators to 
meet the emission limits. The first option would allow owners and 
operators of affected SCCTs to elect an ``ozone season stop'', by which 
the operating permit would include an enforceable condition that the 
affected source may not operate during the ozone season. The second 
option, the utilization of ``electric and renewable energy resources'', 
would allow owners and operators to employ alternative resources while 
adhering to a facility-level average NO<INF>X</INF> daily emission 
limit on a pounds of NO<INF>X</INF> per megawatt hour (lb/MWh) basis 
for all applicable SCCTs, electric storage resources, and/or renewable 
generation resources within the facility. Under the second option, as 
of May 1, 2023, all affected SCCTs that utilize electric storage and 
renewable resources must achieve an emission limit of 3.0 lb 
NO<INF>X</INF>/MWh. Effective on May 1, 2025, affected gaseous fuels 
SCCTs must achieve a limit of 1.5 lb NO<INF>X</INF>/MWh, while affected 
distillated oil or other liquid fuel SCCTs must achieve a limit of 2.0 
lb NO<INF>X</INF>/MWh.
    In the May 18, 2020 SIP revision submittal, New York also requested 
that the EPA remove from the SIP its previous version of 6 NYCRR 
Subpart 227-3, ``Pre-2003 Nitrogen Oxides Emissions Budget and 
Allowance Program'', which New York repealed from the New York Code of 
Rules and Regulations on September 5, 2014.\10\ New York's 227-3 
Trading Program Regulation contained a NO<INF>X</INF> emission and 
allowance trading program for large electricity and industrial sources 
that is no longer in effect. The EPA approved New York's 227-3 Trading 
Program Regulation on April 19, 2000. See 65 FR 20905 (April 19, 2000). 
The EPA approved administrative changes to the New York budget and 
allowance regulation on May 22, 2001. See 66 FR 28060 (May 22, 2001).
---------------------------------------------------------------------------

    \10\ New York State Register, Volume XXXVI, Issue 38, 9/24/14.
---------------------------------------------------------------------------

IV. What is the EPA's evaluation of New York's SIP submittal?

    For the following reasons, the EPA is proposing to approve New 
York's SIP revisions.

Addition of New York's Ozone Season Oxides of Nitrogen (NOX) Emission 
Limits for Simple Cycle and Regenerative Combustion Turbines

    The EPA agrees with New York's evaluation that the newly-adopted 
regulation will lead to an estimated reduction of 18 tons of 
NO<INF>X</INF> per high ozone day. An 18-ton NO<INF>X</INF> reduction 
on a high ozone day would represent a reduction of over 10 percent of 
NYMA NO<INF>X</INF> emissions from electricity sector and an overall 
reduction of 3.5 percent from all sources. This reduction will result 
in NO<INF>X</INF> reduction throughout the NYMA, strengthen New York's 
ozone SIP, and help the State reach attainment for the 2008 and 2015 
ozone NAAQS.
    EPA has also reviewed New Jersey and Connecticut's NO<INF>X</INF> 
emission limits for SCCTs with similar nameplate capacities and 
compared those limits with the limits adopted by NYSDEC in this rule. 
The EPA has observed that by the rule's second and final phase, the 
peaker NO<INF>X</INF> emission limits will be as stringent as New 
Jersey's for any SCCT that is a High Electric Demand Day (HEDD) 
unit.\11\ Connecticut adopted a similar phase-in approach as to 
NO<INF>X</INF> emission limits for peakers and the EPA observed that 
New York's rule is more stringent than Connecticut's.\12\
---------------------------------------------------------------------------

    \11\ Table 7 of New Jersey's NO<INF>X</INF> RACT regulation, 
Subchapter 19, provides Maximum Allowable NO<INF>X</INF> Emission 
Rate for any Stationary Combustion Turbine that is a HEDD Unit. See 
https://www.state.nj.us/dep/aqm/currentrules/Sub19.pdf.
    \12\ Section 22a-174-22e of Connecticut's NO<INF>X</INF> 
Emissions from Fuel-Burning Emission Units provides emission 
limitations for SCCTs being phased-in for June 2018 and June 2023. 
See https://eregulations.ct.gov/eRegsPortal/Search/getDocument?guid=%7B8DB8E520-C8D2-4798-94E2-8740D90BA8B5%7D.
---------------------------------------------------------------------------

    As to the two additional compliance options mentioned in Section 
III, EPA proposes to approve (a) the ``ozone season stop'' compliance 
option because it would reduce the amount of peakers with low-level 
NO<INF>X</INF> emission controls that are active during the ozone 
season and (b) the utilization of ``electric storage and renewable 
energy resources'' compliance option because it would enable owners and 
operators to comply with a weighted average out-put based daily 
emission limit while also reducing the reliance on SCCTs during high 
electrical demand days by encouraging owners and operators to utilize 
alternative, non-NO<INF>X</INF> emitting resources.
    The EPA has reviewed New York's SIP submittal, which seeks to 
incorporate 6 NYCRR Subpart 227-3, ``Ozone Season Oxides of Nitrogen 
(NO<INF>X</INF>) Emission Limits for Simple Cycle and Regenerative 
Combustion Turbines''. After evaluating Subpart 227-3 for consistency 
with the CAA, EPA regulations, and EPA policy, the EPA proposes to find 
that the submission fully addresses the ozone nonattainment 
requirements found in CAA Section 172, 42 U.S.C. Section 7502, and 
proposes to approve this revision.

Removal of New York's Nitrogen Oxides Emissions Budget and Allowance 
Program (Ozone Control Periods 1999-2002)

    The EPA agrees with New York's evaluation that the previous version 
of 6 NYCRR Subpart 227-3, ``Pre-2003 Nitrogen Oxides Emissions Budget 
and Allowance Program'', should be removed from the New York SIP. The 
EPA has determined that, as discussed in section II, both New York's 
227-3 Trading Program Regulation and Subpart 204 have been superseded 
by

[[Page 11691]]

other state and federal regulations that required additional 
NO<INF>X</INF> ozone season emission reductions. As the EPA determined 
regarding New York's CAIR trading program rule, see section II, the EPA 
does not believe that the removal of New York's 227-3 Trading Program 
Regulation from New York's SIP will interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the NAAQS. And as discussed in 
section II, New York's 227-3 Trading Program Regulation predates more 
stringent rules and tighter NO<INF>X</INF> ozone season budgets under 
the NO<INF>X</INF> SIP call, CAIR, and CSAPR trading programs, as well 
as New York NO<INF>X</INF> RACT rules; it is not applicable to the 
current federal or state regulatory framework. New York does not rely 
on emission reductions from New York's 227-3 Trading Program Regulation 
to attain any NAAQS and the EPA no longer operates the NO<INF>X</INF> 
Budget Trading Program allowing for the allocation and trading of 
allowances. Therefore, New York's 227-3 Trading Program Regulation 
should be removed from the NY SIP.
    The removal of New York's 227-3 Trading Program Regulation from New 
York's SIP will have no consequences for the attainment and maintenance 
of the NAAQS in any area, now or in the future. Consistent with CAA 
section 110(l), the EPA has determined that the removal of New York's 
227-3 Trading Program Regulation will not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the NAAQS. Accordingly, the EPA 
finds that it is appropriate to approve the removal of 6 NYCRR Subpart 
227-3, ``Pre-2003 Nitrogen Oxides Emissions Budget and Allowance 
Program'', from the New York SIP.
    The EPA is soliciting public comments on the issues discussed in 
this proposal. These comments will be considered before the EPA takes 
final action. Interested parties may participate in the federal 
rulemaking procedure by submitting written comments as discussed in the 
ADDRESSES section of this rulemaking.

V. Incorporation by Reference

    In this document, the EPA is also proposing to incorporate by 
reference NYSDEC rule discussed in section III of this preamble in 
accordance with the requirements of 1 CFR 51.5. The EPA has made, and 
will continue to make, these materials available through the docket for 
this action, EPA-R02-OAR-2020-0324, at http://regulations.gov, and at 
the EPA Region II Office (please contact the person identified in the 
FOR FUTHER INFORMATION CONTACT section of this preamble for more 
information).

VI. 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. See 42 U.S.C. 7410(k); see also 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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), and 13563 (76 FR 3821, January 
21, 2011);
    <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 (2 U.S.C. 1501);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <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; and
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking action, addressing New York's 
adopted regulation that reduces NO<INF>X</INF> emissions from simple 
cycle and regenerative combustion turbines during the ozone season, 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 any 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone, 
Reporting and recordkeeping requirements, Volatile Organic Compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 18, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.
[FR Doc. 2021-03775 Filed 2-25-21; 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>