Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49617

Metropolitan Washington, DC

nonattainment area.

[FR Doc. 97–25228 Filed 9–22–97; 8:45 am]

BILLING CODE 6560–50–P

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.

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 sourcespecific 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 preenactment 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
49618 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations

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 SourceSpecific 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-tofuel ratio control for each engine. The

alternative NOX emission limit for each

engine is 5.1 grams per horsepowerhour (g/hp-hr).

Final Action

EPA is approving three sourcespecific 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.
Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 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:

§ 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 midsize 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]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 167

[FRL–5897–3]

Change of Address for Submission of

Certain Reports; Technical

Amendment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendment.

SUMMARY: This document announces a

technical amendment revising the

address to be used by foreign pesticide

producing establishments when

submitting applications for registration

and annual reports to EPA.

DATES: This document is effective

September 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Foreign pesticide producing

establishments should contact: Carol