[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 (NO<INF>X</INF>) 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 
NO<INF>X</INF> 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 NO<INF>X</INF> requirements. Additional 
guidance memoranda which have been released subsequent to the 
NO<INF>X</INF> 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 NO<INF>X</INF> ``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 
NO<INF>X</INF> 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 NO<INF>X</INF> CTGs 
issued before enactment and EPA has not issued a CTG document for any 
NO<INF>X</INF> sources since enactment. States, in their RACT rules, 
are expected to require final installation of the actual NO<INF>X</INF> 
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 NO<INF>X</INF> 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 
NO<INF>X</INF> RACT requirements Statewide.

B. New York's NO<INF>X</INF> RACT Regulations

    New York held public hearings in April 1993 on 6 NYCRR subpart 227-
2, the State's NO<INF>X</INF> RACT plan entitled ``Reasonably Available 
Control Technology For Oxides of Nitrogen (NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 
NO<INF>X</INF> RACT requirements specified in subpart 227-2 and conform 
to EPA's NO<INF>X</INF> 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-
NO<INF>X</INF> 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 NO<INF>X</INF>; 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 NO<INF>X</INF> emission limit is 0.425 pounds 
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 
NO<INF>X</INF> 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 NO<INF>X</INF> 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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