11688 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

1The 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. 

Dated: February 19, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–03854 Filed 2–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

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 (NOX). The EPA is proposing to 

approve a SIP revision of a New York 

regulation that lowers allowable NOX

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 

Taveras.Fausto@epa.gov. 

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 

(NOX) Emission Limits for Simple Cycle 

and Regenerative Combustion 

Turbines’’, that reduces NOX 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 NOX, 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 NOX 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. 

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 NOX 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 (NOX Budget) trading 

program that reduced NOX 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 NOX emissions, 

with one phase of reductions occurring 

by 1999, and further NOX emission 

reductions beginning in 2003 to help 

achieve attainment of the 1997 ozone 

NAAQS. New York’s 227–3 Trading 

Program Regulation addressed the 


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2The NOX 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 NOX to 

help achieve the 1979 ozone NAAQS. 

3CAIR (70 FR 25162, May 12, 2005) required 28 

states, including New York, to reduce emissions of 

NOX and SO2. 

4The 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. 

5CSAPR Update rule (81 FR 74504, October 26, 

2016) required 22 eastern states to limit emissions 

of NOX. 

6CSAPR 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. 

7On 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. 

8New 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. 

emission reductions required by 1999, 

and included NOX emission caps for the 

1999, 2001, and 2002 ozone seasons. 

New York’s 6 NYCRR Subpart 204, 

NOX 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 NOX emissions 

reductions required by the MOU 

beginning in 2003. Subpart 204 also 

addressed New York’s transport 

obligations under the NOX SIP call,2

which was promulgated by EPA to 

address NOX emissions that traveled 

across state boundaries that interfered 

with downwind attainment and 

maintenance of 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 PM2.5 NAAQS).3

CAIR included additional ozone season 

NOX 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 

NOX emissions (as well as annual sulfur 

dioxide (SO2) and annual NOX

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 NOX Ozone Season Trading 

Program.’’ New York’s CAIR NOX Ozone 

Season Trading Program superseded 

NYCRR Subpart 204. 

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 

PM2.5 NAAQS.5 CSAPR promulgated 

FIPs requiring affected States, including 

New York, to participate in federal 

trading programs to reduce ozone 

season NOX emissions (as well annual 

SO2 and annual NOX 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 NOX

budget to address the more stringent 

ozone NAAQS. CSAPR required 

additional NOX 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. 

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 

NOX emissions (as well as annual SO2

and annual NOX 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 NOX

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 NOX

Ozone Season Trading Program,’’ which 

implemented New York’s discontinued 

CAIR trading program for ozone season 

NOX 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. 

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 

(NOX) 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 

(NOX) 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 

NOX 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 NOX emission 

controls, peakers within the NYMA 

demonstrate very high NOX 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 NOX emission 

limits for SCCTs located throughout the 

State, and particularly in the New York 

portion of the NYMA, would provide 

additional NOX 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 NOX 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 NOX emission limit 

would enable owners or operators with 


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9The NOX emission limits are on a parts per 

million dry volume basis (ppmvd), corrected to 

15% oxygen. 

10New York State Register, Volume XXXVI, Issue 

38, 9/24/14. 

11Table 7 of New Jersey’s NOX RACT regulation, 

Subchapter 19, provides Maximum Allowable NOX

Emission Rate for any Stationary Combustion 

Turbine that is a HEDD Unit. See https://

www.state.nj.us/dep/aqm/currentrules/Sub19.pdf. 

12Section 22a-174–22e of Connecticut’s NOX

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. 

affected sources to plan over a longer 

term. 

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 NOX emission limits will become 

effective, at which time the facility-level 

weighted average of each affected SCCT 

must comply with a daily NOX emission 

limit of 100 ppmvd during the ozone 

season.9 As of May 1, 2025, the second 

and final phase of NOX emission limits 

will become effective, at which time the 

facility-level weighted average of each 

affected SCCTs must comply with a 

daily NOX 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 NOX

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. 

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 NOX daily 

emission limit on a pounds of NOX 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 NOX/ 

MWh. Effective on May 1, 2025, affected 

gaseous fuels SCCTs must achieve a 

limit of 1.5 lb NOX/MWh, while affected 

distillated oil or other liquid fuel SCCTs 

must achieve a limit of 2.0 lb NOX/ 

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 NOX 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). 

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 NOX per high 

ozone day. An 18-ton NOX reduction on 

a high ozone day would represent a 

reduction of over 10 percent of NYMA 

NOX emissions from electricity sector 

and an overall reduction of 3.5 percent 

from all sources. This reduction will 

result in NOX 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 NOX 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 NOX 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 NOX

emission limits for peakers and the EPA 

observed that New York’s rule is more 

stringent than Connecticut’s.12

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 NOX 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-NOX 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 

(NOX) 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 


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other state and federal regulations that 

required additional NOX 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 NOX ozone season budgets 

under the NOX SIP call, CAIR, and 

CSAPR trading programs, as well as 

New York NOX 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 NOX 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: 

• 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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 

• 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 NOX 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0126; FRL–10020– 

53–Region 5] 

Air Plan Approval; Ohio; NSR Program 

Administrative Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve, 

under the Clean Air Act (CAA), new and 

updated administrative rules for the 

Ohio State Implementation Plan (SIP) 

for the New Source Review (NSR) 

permitting program. The new and 

amended administrative rules in the 

Ohio Administrative Code (OAC) would 

replace the currently effective 

procedural rules in the NSR SIP in their 

entirety. As part of this action, EPA is 

also proposing to approve the removal 

of obsolete language related to 

Significant Deterioration of Air Quality. 

DATES: Comments must be received on 

or before March 29, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0126 at http://

www.regulations.gov, or via email to 

Damico.Genevieve@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 


khammond on DSKJM1Z7X2PROD with PROPOSALS