4530 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules 

EPA has determined that this SIP 

revision meets the requirements of the 

CAA. Therefore, EPA is proposing to 

approve the July 10, 2013, SIP revision 

which sets sulfur limits for combustion 

and sale in Delaware, as amended by 

Delaware on August 19, 2016. EPA is 

soliciting public comment on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

In addition, based on Delaware’s 

removal of the language in section 1.2, 

which EPA identified in the 2015 SSM 

SIP Action as an impermissible SSM 

exemption provision, EPA proposes to 

find that this SIP revision adequately 

addresses the specific deficiency that 

EPA identified in the 2015 SSM SIP 

Action with respect to section 1.2 of the 

Delaware SIP. If EPA were to finalize 

approval of the SIP revision and finalize 

the finding that this SIP revision 

adequately addresses the SIP call, the 

SIP call for section 1.2 of the Delaware 

SIP would be resolved. The remaining 

portions of the SIP call issued to 

Delaware in 2015 would remain in 

effect pending future EPA action. 

IV. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference of the state rules being 

approved. In accordance with 

requirements of 1 CFR 51.5, EPA is thus 

proposing to incorporate by reference 

Delaware’s Sulfur Dioxide Emissions 

from Fuel Burning Equipment 

requirements as described in 7 DE 

Admin. Code 1108, not including the 

last sentence of section 3.0, which 

Delaware withdrew from this SIP 

revision. EPA has made, and will 

continue to make, these materials 

generally available through https://

www.regulations.gov and at the EPA 

Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. 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. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 proposed 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 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 (Pub. L. 104–4); 

• 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 rule, 

regarding fuel oil sulfur limits for 

combustion and sale in the State of 

Delaware, does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

State, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Regional 

Haze, Sulfur oxides. 

Dated: January 13, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2022–01808 Filed 1–27–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2021–0572, FRL–9439–01– 

R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Ozone and Particulate Matter Controls 

Strategies 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

several revisions to the New York State 

Implementation Plan (SIP) for the 

purposes of implementing control of air 

pollution by particulate matter (PM) and 

oxides of nitrogen (NOX). The proposed 

SIP revisions consist of amendments to 

several existing regulations outlined 

within New York’s Codes, Rules, and 

Regulations (NYCRR) that implement 

control measures for PM and NOX. The 

intended effect of this action is to 

approve control strategies, required by 

the Clean Air Act (CAA or the Act), 

which will result in emission reductions 

that will help attain and maintain the 

national ambient air quality standards 

for ozone and PM. These actions are 

being taken in accordance with the 

requirements of the CAA. 

DATES: Written comments must be 

received on or before February 28, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2021–0572 at https://

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 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules 4531 

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. 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, Region 2, Air 

Programs Branch, 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: 

I. What action is the EPA proposing? 

II. What is the background for this proposed 

rulemaking? 

III. What was included in New York’s 

submittals? 

IV. What is the EPA’s evaluation of Part 219, 

‘‘Incinerators’’? 

A. Background 

B. What are the new requirements of Part 

219? 

C. What is the EPA’s evaluation? 

V. What is the EPA’s evaluation of Part 222, 

‘‘Distributed Generation Sources’’? 

A. Background 

B. What are the new requirements of Part 

222? 

C. What is the EPA’s evaluation? 

VI. What other revisions did New York 

make? 

VII. What is the EPA’s conclusion? 

VIII. Incorporation by Reference 

IX. Statutory and Executive Order Reviews 

I. What action is the EPA proposing? 

The EPA is proposing to approve 

revisions to the New York SIP submitted 

by the State of New York on February 

3, 2021 and October 15, 2020 that 

pertain to existing regulations, Title 6 of 

the New York Code of Rules and 

Regulations (6 NYCRR Part 219, 

‘‘Incinerators’’ (Part 219), and 6 NYCRR 

Part 222, ‘‘Distributed Generation 

Sources’’ (Part 222), respectively. The 

EPA is also proposing to approve 

attendant revisions to 6 NYCRR Part 200 

(Part 200), Section 200.9, ‘‘General 

Provisions, Reference materials’’ 

(Section 200.9). 

These revisions include additional 

control strategies that will reduce NOX

and PM emissions from major sources 

throughout the state. The EPA is 

proposing to approve New York’s SIP 

submittals listed within this action as a 

SIP-strengthening measure for New 

York’s ozone and PM SIP. The EPA is 

also proposing to approve New York’s 

SIP submittal since it incorporates 

additional reasonably available control 

technology/reasonably available control 

measures (RACT/RACM) rules for NOX

at Municipal and Private Solid Waste 

Incineration Units. 

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). See 73 FR 16435 

(March 27, 2008). In October 2015, the 

EPA revised this standard to 0.070 ppm 

averaged over an 8-hour time frame 

(2015 8-hour Ozone Standard). See 80 

FR 65291 (October 26, 2015). 

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). SIPs 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 

was July 20, 2021. See id. 

PM NAAQS Revisions 

On September 21, 2006, the EPA 

retained the primary and secondary 24- 

hour PM10 standard of 150 micrograms 

per cubic meter of air (mg/m3), as an 

average over a 24-hour period, not to be 

exceeded more than once per year on 

average over a 3-year period, that was 

initially promulgated on June 2, 1987. 

See 71 FR 61144 (October 17, 2006); see 

also 52 FR 24634 (July 1, 1987). 

On October 17, 2006, the EPA 

strengthened the primary and secondary 

24-hour PM2.5 NAAQS to 35 mg/m3. See 

71 FR 61144. On November 13, 2009, 

the EPA promulgated designations for 

the revised 24-hour PM2.5 standard set 

in 2006, designating the NY–NJ–CT area 

as ‘‘nonattainment.’’ See 74 FR 58688. 

On June 27, 2013, New York submitted 

a request to redesignate the New York 

portion of the NY–NJ–CT nonattainment 

area, from ‘‘nonattainment’’ to 

‘‘attainment.’’ As part of this request, 

New York also submitted a maintenance 

plan to ensure that New York’s portion 

of the NYMA would continue 

attainment through 2025. On April 18, 

2014, the EPA took final action to 

approve New York’s SIP revision to 

redesignate the New York portion of the 

NY–NJ–CT to ‘‘attainment’’ for the 2006 

24-hour PM2.5 NAAQS. See 79 FR 

21857. 

On December 14, 2012, the EPA 

promulgated a revised primary NAAQS 

for PM2.5 for the annual standard, setting 

the level at 12 micrograms per cubic 

meter (mg/m3) calculated as an annual 

average, which is averaged over a threeyear period. See 78 FR 3086. 

On January 15, 2015, the EPA 

finalized its attainment/nonattainment 

designations for areas across the country 

with respect to the revised primary 

PM2.5 NAAQS and on April 15, 2015, 

the designations became effective. See 

80 FR 2206. The NYMA was designated 

by the EPA as an ‘‘Unclassifiable/ 

Attainment’’ area for the revised 

primary PM2.5 NAAQS. See id. 

III. What was included in New York’s 

submittals? 

On February 3, 2021 and October 15, 

2020, the New York State Department of 

Environmental Conservation (NYSDEC 

or New York), submitted to the EPA 

proposed revisions to the SIP, which 

included State adopted revisions to 

three regulations contained in Part 219, 

‘‘Incinerators,’’ and Part 222, 

‘‘Distributed Generation Sources’’ with 

effective dates of March 14, 2020 and 

March 25, 2020, respectively. New York 

also submitted attendant revisions to 

Part 200, Section 200.9, ‘‘General 

Provisions, Reference materials. These 

revisions are applicable statewide, with 

the exception of Part 222 which will 

only be applicable to sources located 

within the NYMA. These revisions will 

provide NOX and PM2.5 emission 

reductions statewide and will address, 

in part, attainment of the 2008 and 2015 

8-hour Ozone Standards within the 

NYMA and maintain New York State’s 

attainment of the PM NAAQS. 


jspears on DSK121TN23PROD with PROPOSALS1
4532 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules 

2The NOX emission limits are on a parts per 

million dry volume basis (ppmvd), corrected to 7% 

oxygen. 

3Title 7, Chapter 27, Subchapter 11 of New 

Jersey’s Incinerator regulation provides PM 

emission rates for various types of Incinerators. See 

https://www.nj.gov/dep/aqm/currentrules/ 

Sub11.pdf. Section 22a–174–18 of Connecticut’s 

regulations provides controls for PM and visible 

emissions from existing incinerators. See https://

eregulations.ct.gov/eRegsPortal/Browse/RCSA/ 

Title_22aSubtitle_22a-174Section_22a-174-18/. 

IV. What is the EPA’s evaluation of Part 

219, ‘‘Incinerators’’? 

A. Background 

The NYSDEC revised 6 NYCRR Part 

219, by repealing and replacing 6 

NYCRR Subpart 219–4, ‘‘Human and 

Animal Crematories,’’ to better reflect 

the current state of cremation 

technology and reduce emissions of PM 

from new animal and human 

crematories constructed in the state. 

New York also repealed and reserved 6 

NYCRR Subparts 219–5 and 219–6, 

requiring the existing units subject to 

these requirements comply with the 

more stringent standards under the 

revised 6 NYCRR Subpart 219–4 

(Subpart 219–4). New York also revised 

6 NYCRR Subpart 219–1 (Subpart 219– 

1) and Part 200, Section 200.9 to clarify 

various definitions used throughout Part 

219. In addition, New York is adding a 

new 6 NYCRR Subpart 219–10, 

‘‘Reasonably Available Control 

Technology (RACT) for Oxides of 

Nitrogen (NOX) at Municipal and 

Private Solid Waste Incineration Units’’ 

(Subpart 219–10), to impose 24-hour 

and annual average RACT NOX

emission limits for private and 

municipal waste combustion units. 

B. What are the new requirements of 

Part 219? 

NYSDEC revised Subpart 219–1 and 

Part 200, Section 200.9 to incorporate 

minor edits to definitions used 

throughout Part 219, in order to provide 

clarity to applicable owners or 

operators. The newly revised Subpart 

219–4 applies to all new, modified, and 

existing cremation units used for the 

cremation of human and animal remains 

throughout the New York State. Under 

this regulation, owners and operators of 

applicable cremation units must comply 

with the PM emission limitations and 

operating requirements. 6 NYCRR 

Section 219–4.1 was revised to add 

definitions for existing, modified, and 

new cremation units. 6 NYCRR Section 

219–4.2 was revised to address that 

Subpart 219–4 is applicable to all new, 

modified, and existing cremation units 

used for animal and human remains. 

6 NYCRR Section 219–4.3 was revised 

to implement the PM emission limits for 

new, modified, and existing cremation 

units. Under Section 219–4.3, no owner 

or operator may cause or allow 

emissions of particulates into the 

outdoor atmosphere from an existing 

cremation unit to exceed 0.08 grains per 

dry standard cubic foot of flue gas (0.08 

gr/dscf), corrected to 7 percent oxygen. 

And no person may cause or allow 

emissions of particulates into the 

outdoor atmosphere from a new or 

modified cremation unit to exceed 0.05 

gr/dscf, corrected to 7 percent oxygen. 

Under 6 NYCRR Section 219–4.4, the 

owner and operator of cremation units 

must comply with various operating 

requirements including: An opacity 

limit, a minimum secondary 

combustion chamber temperature and 

residence time during cremation, 

installation of an continuous 

temperature monitoring instruments 

and continuous recording requirement, 

a prohibition on the combustion of 

certain materials, preparation of a 

cremation certification form prior to 

cremation, and a prohibition on the 

charging of remains in excess of the 

manufacturer’s rated capacity of the 

cremation unit. 

6 NYCRR Section 219–4.5 was revised 

to establish the emission testing and 

modeling requirements for cremation 

units. Owners or operators of affected 

cremation units must demonstrate 

compliance with this Subpart by either 

conducting onsite testing or stack 

testing. 6 NYCRR Section 219–4.6 

establishes operator training and 

certification requirements for crematory 

operators. 6 NYCRR Section 219–4.7 

outlines the annual inspection and 

maintenance requirements for the 

cremation units. 6 NYCRR Section 219– 

4.8 describes the recording requirements 

for crematory facilities. 

6 NYCRR Section 219–4.9 was revised 

to describe the compliance schedule for 

existing cremation units that are subject 

to the requirements under Subpart 219– 

4. Section 219–4.9 outlines that owner 

or operator of an existing cremation unit 

must obtain appropriate operator 

certifications, as described in 6 NYCRR 

Section 219–4.6, within 12 months of 

the effective date of 6 NYCRR Subpart 

219–4 for each uncertified operator at 

the facility. Owners and operators also 

must demonstrate compliance with the 

requirements of this Subpart no later 

than 60 months from the effective date 

of 6 NYCRR Subpart 219–4. 

New York has repealed and reserved 

6 NYCRR Subparts 219–5 and 219–6, 

requiring that the existing units subject 

to those requirements comply with the 

more stringent standards under the new 

Subpart 219–4. 

Subpart 219–10 is new and applies to 

all new, modified, and existing 

municipal and private solid waste 

incineration units. 6 NYCRR Section 

219–10.2 establishes the 24-hour and 

annual average NOX emissions 

limitation and describes the procedures 

that affected facilities can use to 

demonstrate that they have installed 

RACT.2 Both the 24-hour and annual 

average NOX emission limits vary 

between the combustion technology 

utilized by the owner or operator. 

Incineration units that utilize Mass Burn 

Waterwall or Rotary Combustor 

technology must comply with 

presumptive RACT limits, while owners 

or operators of other combustion 

technologies must perform a facilityspecific RACT analysis. The analysis 

must include proposed 24-hour and 

annual average NOX emission 

limitations, the available NOX control 

technology, the projected effectiveness 

of the technologies considered, and the 

costs for installations and operation for 

each of the technologies. The RACT 

analysis was to be submitted to the 

NYSDEC by June 30, 2021. Approved 

RACT determinations will be submitted 

by the NYSDEC to the EPA for approval 

as separate SIP revisions. 

6 NYCRR Section 219–10.3 outlines 

the compliance demonstration for the 

owners or operators of a municipal or 

private solid waste incineration unit 

subject to this Subpart. Under 6 NYCRR 

Section 219–10.3, owners or operators 

of a municipal or private solid waste 

incineration applicable to this Subpart 

must demonstrate compliance within 

one year of the date of issuance of a 

permit modification issued pursuant to 

the requirements of this Subpart. 

Owners or operators applicable to this 

shall install, calibrate, maintain, and 

operate a Continuous Emissions 

Monitoring System (CEMS) for 

measuring the oxides of nitrogen 

discharged to the atmosphere from the 

municipal or private solid waste 

incineration units. 

C. What is EPA’s evaluation? 

The EPA reviewed both New Jersey 

and Connecticut’s PM emission limits 

for human and animal cremation units 

and compared those limits with the 

limits adopted by NYSDEC in this rule.3

The EPA has observed that New York’s 

PM limits are more stringent than both 

New Jersey and Connecticut’s for 

similar crematory technologies. 

The EPA has also reviewed New 

Jersey and Connecticut’s NOX emission 

limits for municipal and private solid 

waste incineration units with similar 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules 4533 

4Title 7, Chapter 27, Subchapter 19 of New 

Jersey’s NOX RACT regulation provides NOX

emission rates for Municipal Waste Combustors. 

See https://www.nj.gov/dep/aqm/currentrules/ 

Sub19.pdf. Section 22a-174–38 of Connecticut’s 

regulations provides NOX emission limits for 

Municipal Waste Combustors. See https://

eregulations.ct.gov/eRegsPortal/Browse/RCSA/ 

Title_22aSubtitle_22a-174Section_22a-174-38/. 

5Model year is defined within Part 222 as the 

calendar year in which the engine was originally 

produced; or the annual new model production 

period of the engine manufacturer if it is different 

than the calendar year. 

combustion technology and compared 

those limits with the limits adopted by 

NYSDEC in this rule.4 The EPA 

observed that Connecticut adopted 

similar RACT emission limits, on a 24- 

hour average, for Mass Burn Waterwall 

combustors. The EPA also observed that 

NOX emission limits outlined within 

New York’s rule will be as stringent as 

New Jersey’s for similar combustion 

technologies. 

The EPA has reviewed New York’s 

SIP submittal, which seeks to 

incorporate revisions to 6 NYCRR Part 

219, ‘‘Incinerators. After evaluating Part 

219 for consistency with the CAA, EPA 

regulations, and EPA policy, the EPA 

proposes to find that the submission 

fully addresses the ozone nonattainment 

requirement found in CAA Section 172, 

42 U.S.C. Section 7502, and proposes to 

approve this revision. The EPA also 

proposes that the submission addresses 

the PM requirements found in CAA 

Section 175A, 42 U.S.C. Section 7505a. 

V. What is the EPA’s evaluation of Part 

222, ‘‘Distributed Generation Sources’’? 

A. Background 

New York revised Part 222 to impose 

more stringent NOX control 

requirements on sources operated as 

part of demand response programs or 

designated as price-responsive 

‘‘economic’’ generation sources in New 

York City, Long Island, and Rockland 

and Westchester counties. Distributed 

Generation (DG) units enrolled within 

demand response programs are often 

low-level NOX controlled diesel-fired 

engines that contribute significant NOX

emissions within the NYMA during 

High Electrical Demand Days. The 

revisions to Part 222 essentially entail 

control requirements beginning in 2021 

with additional phased-in control 

requirements beginning in 2025. Both 

control requirements will increase the 

stringency of emissions limits for these 

engines used in non-emergency 

applications. 

B. What are the new requirements of 

Part 222? 

Part 222 was revised to include 

revisions of several definitions, a change 

in application and permitting 

requirements, a change in control 

requirements for economic dispatch 

sources, and revisions to emission 

testing and recordkeeping. DG sources 

are stationary reciprocating or rotary 

internal combustion engines used by 

host facilities or sites to supply 

electricity into the distribution grid or 

produce electricity for use at the host 

facilities or both. This includes, but is 

not limited to, emergency power 

generation stationary internal 

combustion engines and demand 

response sources. The demand response 

program is an emergency program 

sponsored by the New York 

Independent System Operator (NYISO) 

or distribution utilities in New York to 

call upon owners of low-level NOX

controlled distributed generation 

engines to generate electricity for host 

facilities on high demand days, to 

reduce demand on the electrical grid 

and preserve its reliability. Economic 

dispatch sources are defined as 

distributed generation sources used to 

provide electricity for general use to a 

building, structure, or collection of 

structures in place of electricity 

supplied by the distribution utilities. 

Economic dispatch sources are also 

considered as price-responsive 

generation sources which are 

distributed generation sources used to 

provide electricity for short periods of 

time when the cost of electricity 

supplied by the distribution utility is 

high. The revised Part 222 applies to 

owners and operators of distributed 

generation sources classified as 

economic sources located within the 

NYMA with a maximum mechanical 

output rating of 200 horsepower (hp) or 

greater where the potential to emit of 

NOX at a facility is less than 25 tons/ 

year. 

6 NYCRR Section 222.1 was revised to 

incorporate the applicability of Part 222. 

6 NYCRR Section 222.2 was revised to 

amend the definitions that apply to this 

Part, which include: Compression 

ignition, demand response program, 

demand response source, demand 

response event, distribution utility, 

distributed generation source, economic 

dispatch source, lean burn engine, 

maximum load relief, model year, rich 

burn engine, spark ignition, and threeway catalyst controls. The definitions of 

Part 200, as well as 6 NYCRR Subpart 

200.1 and Subpart 201–2 of still apply 

to Part 222 unless they are inconsistent 

with the definitions outlined within 6 

NYCRR Section 222.2. 

6 NYCRR Section 222.3 was revised to 

specifically require owners or operators 

of a distributed generation source to 

obtain a permit or registration certificate 

in accordance with 6 NYCRR Part 201 

prior to the operation as an economic 

dispatch source. The revisions also 

require owners or operators to notify 

NYSDEC, in writing by March 15, 2021 

or 30 days prior to operating, whichever 

is later, their distributed generation 

source as an economic dispatch source. 

6 NYCRR Section 222.4 (Section 

222.4) was revised to implement the 

control requirements of economic 

dispatch sources that will be subject to 

Part 222. Effective May 1, 2021, 

depending upon the engine and fuel 

type, economic dispatch sources must 

comply with presumptive NOX emission 

limits, or at least be a model year of 

2000, or must be equipped with control 

technology (Phase One).5 As of May 1, 

2025, the second and final phase of NOX

emission limits for economic dispatch 

sources will become effective. 

Depending on the engine and fuel type, 

owners and operators must comply with 

more stringent NOX emission limits 

than the Phase One limits. Section 222.4 

allows owners or operators of impacted 

sources to request an extension of the 

compliance date for the 2025 NOX

control requirements in Part 222. 

Owners or operators that request 

additional time to install controls or 

install new engines or turbines must 

provide evidence to NYSDEC; in any 

case, the extension may not exceed two 

years beyond the 2025 compliance date. 

Also, emission test reports that 

demonstrate compliance with the 

control requirements outlined in 

Section 222.4 must be submitted and 

approved by NYSDEC before a 

distributed generation source may be 

operated as an economic dispatch 

source on or after May 1, 2025. 

6 NYCRR Section 222.5 was revised to 

require owners or operators to submit 

the emission test reports outlined in 

Section 222.4. This section also 

describes how the emission test reports 

must be submitted, the emission test 

methods, and additional protocols 

required. 

6 NYCRR Section 222.6 (Section 

222.6) was revised to include the 

recordkeeping provisions required by 

owners and operators subject to Part 

222. NYSDEC may enter a facility 

during normal operating hours to 

inspect an economic dispatch source 

subject to the requirements of Part 222, 

and inspect any records, papers, 

logbooks, and operational data 

maintained pursuant to Part 222. 

Facilities subject to Part 222 must also 

maintain records regarding hours of 

operation and fuel use for a period of 

five years. Section 222.6 also requires 

that owners or operators to conduct 


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4534 Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules 

stack testing to demonstrate compliance 

with the emission standards detailed in 

Part 222 for economic dispatch sources 

that will operate on May 1, 2025 and 

beyond. 

C. What is EPA’s evaluation? 

New York has revised Section 222.4 

(control requirements) to require more 

stringent NOX emission limits on 

sources used in demand response 

programs or designated as economic 

dispatch sources in the NYMA. New 

York has estimated that once the 

phased-in controls requirements are 

implemented by the May 1, 2025 

compliance date, actual NOX emissions 

in the State will be reduced by 5 tons 

per day. The following summarizes the 

revised control requirements from 

Section 222.4 that are expected to result 

in NOX reductions beginning on May 1, 

2025: 

D For combustion turbines firing 

natural gas, presumptive NOX emission 

limits are reduced to 25 parts per 

million on a dry volume basis corrected 

to 15 percent oxygen. 

D For combustion turbines firing oil, 

presumptive NOX emission limits are 

reduced to 42 parts per million on a dry 

volume basis corrected to 15 percent 

oxygen. 

D For spark ignition engines firing 

natural gas, presumptive NOX emission 

limits are reduced to 1.0 grams per 

brake horsepower-hour. 

D For compression-ignition engines 

firing distillate oil with nameplate 

rating less than 750 hp, presumptive 

NOX emission limits are reduced to 0.30 

grams per brake horsepower-hour. 

D For compression-ignition engines 

firing distillate oil with nameplate 

rating greater than or equal to 750 hp, 

presumptive NOX emission limits are 

reduced to 0.50 grams per brake 

horsepower-hour. 

The EPA believes that the new 

presumptive emission limits and other 

control requirements will result in 

additional NOX reductions throughout 

the State thereby strengthening New 

York’s ozone SIP and will help the State 

reach attainment for the 2008 and 2015 

ozone standards. 

The EPA agrees with New York’s 

evaluation that the newly-adopted 

regulation will lead to an estimated 

reduction of 3.5 tons per day in 2021 

and 5 tons per day by 2025 for demand 

response sources. A 3.5 or 5 ton per day 

reduction in NOX emissions is a 

necessary step towards meeting New 

York’s obligation under Section 110 of 

the CAA. This reduction will result in 

NOX reductions throughout the NYMA, 

strengthen New York’s ozone SIP, and 

help the State reach attainment for the 

2008 and 2015 ozone NAAQS. The EPA 

evaluated the provisions of Part 222 for 

consistency with the CAA, EPA 

regulations, and EPA policy and 

proposes to find that the submission 

fully addresses the ozone nonattainment 

requirements found in CAA Section 

172, 42 U.S.C. 7502, and proposes to 

approve this revision. 

VI. What other revisions did New York 

make? 

New York also made administrative 

changes to Part 200 (‘‘General 

Provisions’’) which reflect the revisions 

to Part 219 and Part 222 discussed 

above. Specifically, the revisions to Part 

200 will add new references in Section 

200.9, ‘‘Referenced Material’’, Table 1. 

The revisions to Table 1 of Section 

200.9 include all documents referenced 

in New York’s amendments to Part 219 

and Part 222. It is important to note that 

EPA is proposing to approve only those 

respective revisions made to Part 200, 

specifically Section 200.9 as amended 

on March 14, 2020 and March 25, 2020. 

VII. What is the EPA’s conclusion? 

The EPA evaluated New York’s 

submittal for consistency with the Act, 

EPA regulations, and EPA policy. EPA 

proposes that the revisions discussed 

above (6 NYCRR Part 200, ‘‘General 

Provisions’’, Part 219, ‘‘Incinerators,’’ 

and Part 222, ‘‘Distributed Generation 

Sources,’’ with effective dates of March 

14, 2020 and March 25, 2020, 

respectively) meet the SIP requirements 

of the Act. The EPA is proposing to 

approve Part 219 and Part 222. The EPA 

is also proposing to approve attendant 

revisions to Part 200, Section 200.9, 

‘‘General Provisions, Reference material. 

These revisions meet the requirement of 

the Act and EPA’s regulations, and are 

consistent with EPA guidance and 

policy. EPA is taking this action 

pursuant to Section 110 and Part D of 

the Act and EPA’s regulations. 

VIII. Incorporation by Reference 

In this document, the EPA is also 

proposing to incorporate by reference 

NYSDEC rules discussed in sections IV 

and V 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–2021–0572, at https://

regulations.gov, and at the EPA Region 

II Office (please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IX. 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, the SIP 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 


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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules 4535 

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, 

Incorporation by Reference, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Waste 

treatment and disposal. 

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

Dated: January 24, 2022. 

Lisa F. Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2022–01784 Filed 1–27–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0945; FRL–9487–01– 

R1] 

Air Plan Approval; New Hampshire; 

Conformity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of New 

Hampshire. This submission revises 

previously approved transportation 

conformity criteria and procedures 

related to interagency consultation and 

enforceability of certain transportationrelated control measures and mitigation 

measures. In addition, the revision 

continues to rely on the Federal rule for 

General Conformity. The intended effect 

of this action is to approve State criteria 

and procedures to govern conformity 

determinations. This action is being 

taken in accordance with the Clean Air 

Act. 

DATES: Written comments must be 

received on or before February 28, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2021–0945 at https://

www.regulations.gov, or via email to 

rackauskas.eric@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. Publicly 

available docket materials are available 

at https://www.regulations.gov or at the 

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that, if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: Eric 

Rackauskas, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 05–2), Boston, MA 

02109–3912, tel. (617) 918–1628, email 

rackauskas.eric@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

a. What is Transportation Conformity? 

b. What is General Conformity? 

c. Evaluation of State Submittal 

II. Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 9, 2021, the New 

Hampshire Air Resources Division 

(ARD) submitted a revision to its State 

Implementation Plan (SIP) consisting of 

amendments to Env–A 1500, 

Conformity. This revision consists of 

minor administrative language changes, 

updated definitions and references to 

Federal rules, and clarifications to roles 

and responsibilities for Federal, state, 

and municipal partners. 

a. What is Transportation Conformity? 

Transportation Conformity is required 

under Section 176(c) of the Clean Air 

Act to ensure that Federally-supported 

highway, transit projects, and other 

activities are consistent with (‘‘conform 

to’’) the purpose of the SIP. Conformity 

currently applies to areas that are 

designated nonattainment, and those 

redesignated to attainment after 1990 

(maintenance areas) with plans 

developed under section 175A of the 

Clean Air Act, for the following 

transportation related criteria 

pollutants: Ozone, particulate matter 

(PM2.5 and PM10), carbon monoxide 

(CO), and nitrogen dioxide (NO2). 

Conformity to the purpose of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant 

national ambient air quality standards. 

The transportation conformity 

regulation is found in 40 CFR part 93, 

subpart A and provisions related to 

conformity SIPs are found in 40 CFR 

51.390. 

b. What is General Conformity? 

General Conformity is a requirement 

of section 176(c) of the Clean Air Act 

(CAA) Amendments of 1990. General 

Conformity is a safeguard that no action 

by the Federal government interferes 

with a SIP’s protection of the National 

Ambient Air Quality Standards 

(NAAQS). Under General Conformity, 

any action by the Federal government 

cannot: Cause or contribute to any new 

violation of any standard in any area; 

interfere with provisions in the 

applicable SIP for maintenance of any 

standard; increase the frequency or 

severity of any existing violation of any 

standard in any area; or delay timely 

attainment of any standard, any 

required interim emission reductions, or 

any other milestones, in any area. The 

general conformity regulation is found 

in 40 CFR part 93, subpart B and 

provisions related to conformity SIPs 

are found in 40 CFR 51.851. 

On April 5, 2010, EPA revisited the 

Federal General Conformity 

Requirements Rule to clarify the 

conformity process, authorize 

innovative and flexible compliance 

approaches, remove outdated or 

unnecessary requirements, reduce the 

paperwork burden, provide transition 

tools for implementing new standards, 

address issues raised by Federal 

agencies affected by the rules, and 

provide a better explanation of 

conformity regulations and policies (75 


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