76740 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations 

1Under 6 NYCRR part 212, Definitions (18), 

‘Process operation.’ Any industrial, institutional, 

commercial, agricultural or other activity, 

operation, manufacture or treatment in which 

chemical, biological and/or physical properties of 

the material or materials are changed, or in which 

the material(s) is conveyed or stored without 

changing the material(s) if the conveyance or 

storage system is equipped with a vent(s) and is 

non-mobile, and that emits air contaminants to the 

outdoor atmosphere. A process operation does not 

include an open fire, operation of a combustion 

installation, or incineration of refuse other than byproducts or wastes from a process operation(s). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2023–0237; FRL 11904–02– 

R2] 

Approval of Source-Specific Air 

Quality Implementation Plan; New 

York; Sylvamo Ticonderoga Mill 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the State of New York’s State 

Implementation Plan (SIP) for the ozone 

National Ambient Air Quality Standard 

(NAAQS) related to a Source-specific 

SIP (SSSIP) revision for the Sylvamo 

Ticonderoga Mill (formerly known as 

International Paper), located at 568 

Shore Airport Rd., Ticonderoga, New 

York (the Facility). The control options 

in this SSSIP revision implement 

Reasonably Available Control 

Technology (RACT) for nitrogen oxide 

(NOX) emissions from the relevant 

Facility sources, which include one 

power boiler, one lime kiln, and one 

recovery furnace. This SSSIP revision is 

intended to implement NOX RACT for 

the relevant Facility sources in 

accordance with the requirements for 

implementation of the 2008 and 2015 

ozone NAAQS. This action will not 

interfere with ozone NAAQS 

requirements and meets all applicable 

requirements of the Clean Air Act 

(CAA). The EPA proposed to approve 

this rule on May 23, 2024, and received 

two comments, neither of which were 

relevant to the rulemaking. 

DATES: This final rule is effective on 

October 21, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2023–0237. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Lin, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, 212–637–3711, or by email at 

lin.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information on regulatory 

background and the EPA’s technical 

findings relating to the Facility RACT, 

the reader can refer to the Technical 

Support Document (TSD) that is 

contained in the EPA docket assigned to 

this Federal Register document. 

Table of Contents 

I. What is the background for this action? 

II. Environmental Justice Considerations 

III. What comments were received in 

response to the EPA’s proposed action? 

IV. What action is the EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

This action relates to a SSSIP revision 

that concerns the Facility which is a 

fully integrated pulp and paper 

manufacturer of printing papers. The 

Facility processes hardwood and 

softwood logs and chips using the kraft 

pulping process and produces 

approximately 900 tons per day of 

uncoated free sheet paper for 

commercial printing. Converted kraft 

pulp is washed, bleached, and prepared 

for finishing by two paper machines. 

The sources at issue in this action are 

the Facility’s one power boiler, one lime 

kiln, and one recovery furnace. NYSDEC 

RACT regulations establish presumptive 

RACT requirements for these sources in 

(1) 6 NYCRR part 227, ‘‘Stationary 

Combustion Installations,’’ subpart 227– 

2, ‘‘Reasonably Available Control 

Technology for Major Facilities of 

Oxides of Nitrogen,’’ last approved by 

the EPA on July 12, 2013, see 78 FR 

41846 (July 12, 2013); and (2) 6 NYCRR 

part 212, ‘‘Process Operations,’’ subpart 

212–3, ‘‘Reasonably Available Control 

Technology for Major Facilities,’’ last 

approved by the EPA on October 1, 

2021, see 87 FR 54375 (October 1, 2021). 

However, as explained above, the State 

regulations allow Source-specific RACT 

determinations if the presumptive 

RACT requirements are not 

technologically or economically 

feasible; such Source-specific 

determinations must be submitted to the 

EPA as a SSSIP revision. 

This SSSIP revision was submitted by 

NYSDEC on November 23, 2022, and it 

replaces and supersedes the SSSIPs that 

were submitted by the State on 

September 16, 2008, and August 30, 

2010. On May 23, 2024, the EPA 

published a Notice of Proposed 

Rulemaking that proposed to approve a 

SSSIP revision to address NOX RACT 

emission limits for the one power boiler, 

one lime kiln, and one recovery furnace 

for consistency with the CAA and the 

EPA regulations, as interpreted through 

EPA actions and guidance. See 89 FR 

45616. Specifically, the Notice of 

Proposed Rulemaking addressed the 

following: (1) A case-by-case emission 

limit and RACT control options for the 

power boiler due to its unique fuel mix; 

(2) an emission limit for the lime kiln 

that is not covered by other New York 

Source-specific RACT regulations, and 

therefore must follow 6 NYCRR part 212 

as a process operation; 1 and (3) an 

emission limit for the recovery furnace 

that is not covered by other Sourcespecific New York RACT regulations, 

and therefore must follow 6 NYCRR part 

212 as a process operation. 

The EPA is determining through this 

final action that the NOX RACT 

emission limits submitted by the State 

in this November 23, 2022 SSSIP 

revision for the Facility’s power boiler, 

lime kiln, and recovery furnace are the 

lowest emission limits with the 

application of control technology that 

are reasonably available given 

technological and economic feasibility 

considerations. These respective NOX

RACT emission limits are contained in 

the Facility’s title V operating permit, 5– 

1548–00008/00081, under Condition 52, 

Condition 78, and Condition 85. This 

operating permit was issued by the State 

on March 19, 2022, and expires on 

March 18, 2027. 

The specific details for how the NOX

emission limits comprise RACT for the 

power boiler, lime kiln and recovery 

furnace, and the rationale for the EPA’s 

approval action, are explained in the 

EPA’s Notice of Proposed Rulemaking 

and are not restated in this final action. 

For this detailed information, the reader 

is referred to the EPA’s Notice of 

Proposed Rulemaking. 89 FR 45616 

(May 23, 2024). 

II. Environmental Justice 

Considerations 

The State of New York did not 

evaluate environmental justice 

considerations as part of its SSSIP 

submittal. The EPA performed an 


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Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations 76741 

2EJ Screen, Environmental Justice Mapping and 

Screening Tool, EJ Screen Technical Documentation 

for Version 2.2. See https://www.epa.gov/system/ 

files/documents/2023-06/ejscreen-tech-doc-version2-2.pdf. 3 62 FR 27968 (May 22, 1997). 

environmental justice analysis solely for 

the purpose of providing additional 

context and transparency to the public. 

The CAA and applicable implementing 

regulations neither prohibit nor require 

an evaluation of environmental justice 

concerns. Thus, the analysis is not a 

basis of this action. The EPA created a 

Community Report (the Report) using 

Version 2.2 of its Environmental Justice 

Screening and Mapping tool EJ Screen 

(EJScreen). EJScreen is EPA’s 

environmental justice mapping and 

screening tool that provides EPA with a 

nationally consistent dataset and 

approach for combining environmental 

and demographic socioeconomic 

indicators. EJScreen users choose a 

geographic area; the tool then provides 

demographic socioeconomic and 

environmental information for that area. 

It is important to understand that 

EJScreen in not a detailed risk analysis. 

It is a screening tool that examines some 

of the relevant issues related to 

environmental justice, and there is 

uncertainty in the date included. The 

Report is contained in the EPA docket 

assigned to this Federal Register 

document. 

The Report addresses a 1-mile ring 

centered at the Facility. All thirteen EJ 

Screen environmental indexes are 

evaluated in the Report: (1) Particulate 

matter; (2) ozone; (3) diesel particulate 

matter; (4) air toxics cancer risks; (5) air 

toxics respiratory health index; (6) 

toxics releases to air; (7) traffic 

proximity; (8) lead paint; (9) superfund 

proximity; (10) risk management plan 

(RMP) facility proximity; (11) hazardous 

waste proximity; (12) underground 

storage tanks; and (13) wastewater 

discharge. Specific background and 

source information on these indexes and 

environmental indicators can be found 

in the EPA’s ‘‘EJScreen Technical 

Documentation for Version 2.2.’’ 2 We 

analyze both EJ Indexes and 

Supplemental Indexes because they 

offer different perspectives on 

community level vulnerability based on 

different factors. The EPA used the 

National percentile instead of the State 

percentile for the Report results because 

this SSSIP action is a Federal action. 

Any environmental index result that is 

in the 80th percentile or greater is 

considered to be relatively high when 

comparing to the United States 

population. The ‘‘percentile’’ is what EJ 

Screen uses to compare the area of study 

to national and state figures. 

The results of the EPA’s 

environmental justice analysis indicated 

that the population within a 1-mile 

radius of the Facility was below the 

80th percentile for all National EJ 

Indexes and Supplemental Indexes. 

Refer to docket assigned to this Federal 

Register document for the complete 

Report results. 

The EPA expects that finalizing this 

action is unlikely to result in potential 

disproportionate health, environmental, 

and economic impacts on disadvantaged 

communities in the area surrounding 

the Facility. This analysis was done 

solely for the purpose of providing 

additional context and information 

about this rulemaking to the public and 

is not a basis for the action. The EPA is 

taking action under the CAA and on 

bases independent of EJ. 

III. What comments were received in 

response to the EPA’s proposed action? 

The EPA received two public 

comments during the 30-day public 

comment period of the EPA’s proposed 

approval of New York’s SIP revision. 

The comments were not relevant to the 

action. The specific comments may be 

viewed under Docket ID Number EPA– 

R02–OAR–2023–0237 on the https://

www.regulations.gov website. 

Regarding one commenter, the EPA 

appreciates the commenter’s support of 

keeping NY air clean but notes that this 

is not relevant to this action. 

Regarding another commenter, the 

EPA appreciates the commenter’s 

description of cannabis plants releasing 

BVOCs but notes that this is not relevant 

to this action. 

IV. What action is the EPA taking? 

Based on a thorough RBLC review of 

similar sources, information provided 

by NYSDEC, and an analysis of this 

Source-specific SIP revision, the EPA is 

approving Sylvamo Ticonderoga Mill’s 

operation under NYSDEC approved 

NOX emission limits for the Facility’s 

power boiler, lime kiln, and recovery 

furnace. 

Specifically, the EPA is approving the 

following limits and associated 

requirements as implementing RACT: 

(1) For the emission unit P–OWERH, 

very large power boiler, a limit of 0.23 

lb NOX/MMBtu per 24-hour average 

(0.22 lb NOX/MMBtu per 30-day rolling 

average) during the ozone season May 1 

through September 30, and 0.23 lb NOX/ 

MMBtu per 30-day rolling average 

during the non-ozone season October 1 

through April 30; (2) for the emission 

unit R–CAUST, lime kiln, a limit of 120 

parts per million by volume (wet, 

corrected to 10% O2); and (3) for the 

emission unit R–ECOVB, recovery 

furnace, a limit of 100 parts per million 

by volume (dry, corrected to 8% O2). 

V. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference revisions to 

Sylvamo Ticonderoga Mill title V 

operating permit conditions 52, 78, and 

85 as described in section I. of this 

preamble. These documents are 

available in the docket of this 

rulemaking through 

www.regulations.gov. Therefore, these 

materials have been approved by the 

EPA for inclusion in the State 

Implementation Plan, have been 

incorporated by reference by the EPA 

into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation.3

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves State law as meeting federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• 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 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 


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76742 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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 Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the 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 it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. The EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ The EPA further defines the 

term fair treatment to mean that ‘‘no 

group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ resulting from the negative 

environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The New York State Department of 

Environmental Conservation did not 

evaluate environmental justice 

considerations as part of its SSSIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA performed an environmental 

justice analysis, as is described above in 

the section titled, ‘‘Environmental 

Justice Considerations.’’ The analysis 

was done for the purpose of providing 

additional context and information 

about this rulemaking to the public, not 

as a basis of the action. In addition, 

there is no information in the record 

upon which this decision is based 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 18, 

2024. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements. 

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

Lisa Garcia, 

Regional Administrator, Region 2. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. Amend § 52.1670 paragraph (d) the 

table by adding the entry ‘‘Sylvamo 

Ticonderoga Mill’’ at the end to read as 

follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS

Name of source Identifier No. 

State 

effective 

date 

EPA 

approval date Comments 

*******

Sylvamo Ticonderoga Mill ..... 5–1548–00008/00081 11/23/2022 9/19/2024, [insert Federal 

Register citation].

RACT emission limits for condition 52, 78, 

and 85. 

[FR Doc. 2024–20560 Filed 9–18–24; 8:45 am] 

BILLING CODE 6560–50–P 


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