43956 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

Court of Appeals for the appropriate 

circuit by October 12, 2021. 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: August 3, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended 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 MM—Oregon 

■ 2. In § 52.1970, paragraph (c), amend 

table 2 by revising the entries for ‘‘200– 

0035’’ and ‘‘244–0030’’ and revising 

footnote number 3 to read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1

State citation Title/subject State effective 

date 

EPA 

approval 

date 

Explanations 

CHAPTER 340—DEPARTMENT OF ENVIRONMENTAL QUALITY 

*******

Division 200—General Air Pollution Procedures and Definitions 

*******

200–0035 ................................ Reference Materials ............... 1/21/2021 8/11/2021, [Insert Federal 

Register citation].

* * * * * * * 

Division 244—Oregon Federal Hazardous Air Pollutant Program 2 3

General Provisions for Stationary Sources 

244–0030 ................................ Definitions .............................. 1/21/2021 8/11/2021, [Insert Federal 

Register citation].

* * * * * * * 

******* 3The EPA approves Division 244 only to the extent needed to implement the requirements for gasoline dispensing facilities that are approved 

into the SIP for the purpose of regulating VOC emissions. 

* * * * * 

[FR Doc. 2021–16947 Filed 8–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2020–0324, FRL–8832–02– 

R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Ozone Season NOX Controls for 

Simple Cycle and Regenerative 

Combustion Turbines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the New York State Implementation 

Plan (SIP) as a SIP-strengthening 

measure that is expected to further 

control emissions of oxides of nitrogen 

(NOx) to contribute to attainment and 

maintenance of ozone standards. This 

SIP strengthening measure goes beyond 

what has already been approved as 

satisfying the RACT requirements for 

the 2008 ozone NAAQS. The EPA is 

approving a SIP revision of a New York 

regulation that lowers allowable NOx

emissions from simple cycle and 

regenerative combustion turbines during 

the ozone season. The intended effect of 

this action is to approve control 

strategies that will reduce emissions and 

help New York State attain and 

maintain the national ambient air 

quality standards for ozone. 

DATES: This final rule is effective on 

September 10, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2020–0324. All 

documents in the docket are listed on 

the http://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 


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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 43957 

1 In the February 26, 2021 Notice of Proposed 

Rulemaking (NPRM), the EPA mistakenly wrote that 

it was ‘‘also proposing to approve into the SIP the 

new version of 6 NYCRR Subpart 227–3, ‘‘Pre-2003 

Nitrogen Oxides Emissions Budget and Allowance 

Program’’ (New York’s 227–3 Trading Program 

Regulation).’’ (Emphases added). The EPA, as stated 

above, intended to propose to remove this previous 

version of Subpart 227–3 from New York’s SIP. The 

EPA’s intention to remove this version from New 

York’s SIP was made clear by, for example, the 

section of the NPRM entitled ‘‘Removal of New 

York’s Nitrogen Oxides Emissions Budget and 

Allowance Program (Ozone Control Periods 1999– 

2002)’’ (86 FR at 11690–11691). The EPA received 

no comments on this issue. Because the agency’s 

intention was made clear, it has determined the 

language in the NPRM provided adequate notice of 

EPA’s intended proposal with respect to this 

provision. Thus, the EPA is finalizing the removal 

of New York’s 227–3 Trading Program Regulation 

from New York’s SIP. 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3378, or by email at 

Taveras.Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The SUPPLEMENTARY INFORMATION

section is arranged as follows: 

Table of Contents: 

I. What is the background for this action? 

II. What comments were received in response 

to the EPA’s proposed action? 

III. What action is the EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On February 26, 2021, the EPA 

published a Notice of Proposed 

Rulemaking that proposed to approve a 

revision to the New York SIP submitted 

by the State of New York on May 18, 

2020. See 86 FR 11688. The SIP revision 

includes a newly-adopted regulation, 

Title 6 of the New York Code of Rules 

and Regulations (NYCRR), Subpart 227– 

3, ‘‘Ozone Season Oxides of Nitrogen 

(NOx) Emission Limits for Simple Cycle 

and Regenerative Combustion Turbines’’ 

(Subpart 227–3), meant to reduce NOx

emissions from simple cycle and 

regenerative combustion turbines during 

the ozone season. New York’s May 2020 

SIP submittal applies to major sources 

of NOx as a SIP-strengthening measure 

for New York’s ozone SIP. 

The EPA is also approving the 

removal of New York’s previous 6 

NYCRR Subpart 227–3, ‘‘Pre-2003 

Nitrogen Oxides Emissions Budget and 

Allowance Program’’ (New York’s 227– 

3 Trading Program Regulation) from 

New York’s SIP.1 New York’s 227–3 

Trading Program Regulation contained a 

NOx emissions budget and allowance 

trading system that is no longer in effect 

and that New York repealed from the 

New York Code of Rules and 

Regulations on September 5, 2014. 

The specific details of New York’s SIP 

submittals and the rationale for the 

EPA’s approval action are explained in 

the EPA’s proposed rulemaking and are 

not restated in this final action. For this 

detailed information, the reader is 

referred to the EPA’s February 26, 2021 

proposed rulemaking. See 86 FR 11688. 

II. What comments were received in 

response to the EPA’s proposed action? 

In response to EPA’s February 26, 

2021 proposed rulemaking on New 

York’s SIP revision, the EPA received 

four comments during the 30-day public 

comment period. The specific 

comments may be viewed under Docket 

ID Number EPA–R02–OAR–2020–0324 

on the http://www.regulations.gov 

website. 

Comment 1: A Washington State 

citizen commenter supports the EPA’s 

proposed approval of New York’s SIP 

revision since ‘‘. . . high levels of 

nitrogen oxides are extremely 

detrimental . . . and [the commenter 

believes] that it would be in the best 

interest of public health to lower the 

allowable levels of the nitrogen oxides 

allowed in NYC.’’ 

Response 1: The EPA acknowledges 

the commenter’s support of the EPA’s 

proposed rule. 

Comment 2: An anonymous citizen 

provided extensive comments regarding 

the establishment of the Clean Air Act 

and the impact of NOx emissions to the 

environment. The commenter voices 

support of the EPA’s proposed approval 

since ‘‘. . . these turbines would be 

beneficial when it comes to lowering 

nitrous oxide emissions during the 

warmer periods, and ozone seasons.’’ 

Response 2: The EPA acknowledges 

the commenter’s support of the EPA’s 

proposed rule. 

Comment 3: A New York State citizen 

provides extensive comments, in which 

the commenter asks if the COVID–19 

pandemic has impacted studies 

concerning NOx. The commenter 

provides a range of data about COVID– 

19 and its impacts globally and across 

the country. 

Response 3: The EPA has determined 

that this comment is outside the scope 

of our proposed action. This comment 

does not make specific claims about 

how EPA should modify its proposed 

action, and therefore the EPA will not 

provide a specific response to this 

comment. 

Comment 4: The Midwest Ozone 

Group (MOG) submitted comprehensive 

comments that urge the EPA to require 

New York to impose all emission 

controls for Simple Cycle Combustion 

Turbines (SCCTs) units by 2023, instead 

of the adopted 2025 final phase year. 

MOG stated that a 2023 implementation 

will ‘‘be consistent with the 

nonattainment obligations of the [New 

York Metropolitan Nonattainment Area, 

or] NYMA.’’ MOG also provided details 

on how NOx emissions from New 

York’s SCCTs adversely impact upwind 

states like Connecticut and argued that 

EPA’s proposed approval fails to 

recognize the impact on those upwind 

states and the Good Neighbor Provisions 

of the Clean Air Act. In addition, MOG 

provided the following comments, and 

extensive details for each, as follows: 

1. In 2023, the only remaining ozone 

monitor modeled to show 

nonattainment in the Northeast is 

located in the Connecticut portion of the 

NYMA. 

2. It has been well-established that 

residual nonattainment in Connecticut 

and the NYMA is being caused by SCCT 

units in New York. 

3. EPA should not allow, therefore, 

New York to delay the implementation 

of those controls beyond the Moderate 

nonattainment date for the 2015 ozone 

NAAQS. 

MOG’s comment letter also included: 

(1) Presentation slides distributed by the 

EPA on the analysis of ozone trends in 

the east in relation to interstate 

transport, (2) MOG’s December 14, 2020 

comment letter to the EPA regarding the 

proposal of the Revised Cross-State Air 

Pollution Rule Update for the 2008 

Ozone NAAQS, and (3) a data analysis 

presentation conducted by the 

Stationary and Area Sources Committee 

on high emitting Electric Generating 

Units during High Electric Demand 

Days throughout states within the 

Ozone Transport Region. MOG referred 

to these attachments throughout its 

comment on EPA’s proposed action. 

Response 4: The EPA reviewed 

NYSDEC’s SIP revision to examine if 

similar comments were presented 

during the department’s assessment of 

public comments for the proposal of 

Subpart 227–3. Representatives from the 

EPA, state agencies, environmental 

organizations, and sustainable energy 

organizations each submitted comments 

that requested NYSDEC to have the 

proposed 2025 NOx limits on SCCTs 

take effect sooner. In the EPA’s case, 

this is because the EPA wanted the SIPstrengthening provision to begin as 

expeditiously as possible to enhance 

New York’s ozone SIP. NYSDEC 

responded to the comments by stating 


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43958 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

2Under 6 NYCRR Subpart 227–2, applicable 

owners or operators of gas-fired SCCTs must 

comply with a RACT NOx emission limit of 50 

ppmvd outside the ozone season. While owners or 

operators of oil-fired SCCTs must comply with a 

RACT NOx limit of 100 ppmvd outside the ozone 

season. The NOx emission limits are on a part per 

million dry volume basis (ppmvd), corrected to 

15% oxygen. 

that it has consulted with 

stakeholders—including environmental 

justice organizations, environmental 

groups, impacted source owners, the 

NYISO, the Department of Public 

Service, and the New York State Energy 

Research and Development Authority— 

during the development of the 

regulation. NYSDEC stated that it chose 

the 2025 timeframe to take into account 

considerations of improving air quality 

and maintaining electric system 

reliability. NYSDEC has also factored in 

the time demands for permitting and 

implementing other requirements, such 

as stack testing, and believes that the 

compliance schedule in the regulation is 

appropriate. After review, the EPA 

concurs with NYSDEC’s assessment 

because the compliance schedule will 

provide adequate timing for owners or 

operators of impacted SCCTs to retrofit 

control technology, determine 

compliance options, and replace or 

retire older units in order to comply 

with the more stringent emission limits. 

The EPA also agrees with NYSDEC that 

the chosen timeframe provides owners 

and operators of SCCTs designated as a 

reliability source, which represents a 

significant amount of the impacted 

SCCTs, an appropriate timeframe to 

comply with the control requirements of 

Subpart 227–3. 

Further, the EPA finds the 2025 

timeframe is appropriate because it 

builds upon existing protections in 

other New York regulations applicable 

to SCCTs. For example, on July 12, 

2013, the EPA published a final 

approval that revised New York’s SIP 

for ozone concerning the control of 

NOx. See 78 FR 41846. The SIP revision 

consisted of amendments to Title 6 of 

the NYCRR, Subpart 227–2, 

‘‘Reasonably Available Control 

Technology (RACT) For Major Facilities 

of Oxides of Nitrogen (NOx).’’ The 

purpose of that SIP revision was to 

impose more stringent emission limits 

on major stationary sources of NOx that 

contribute to regional and local 

nonattainment of the 1997 and 2008 

ozone standards. Included within this 

EPA-approved regulation are emission 

limits and system averaging for SCCTs 

that apply year-round. Units applicable 

to Subpart 227–3 already comply with 

federally approved presumptive RACT 

emission limits. And SCCTs that are 

subject to Subpart 227–3 must also 

comply with the provisions set in 

Subpart 227–2 outside the ozone 

season.2 When the EPA published the 

final approval of New York’s Subpart 

227–2, the EPA agreed that the emission 

limits detailed for SCCTs were deemed 

as RACT NOx limits. See 78 FR 41846, 

(July 12, 2013). The purpose of Subpart 

227–3 is to incorporate additional 

emission requirements (beyond RACT 

NOx limits) for SCCTs during the ozone 

season only. The phased-in approach 

outlined within Subpart 227–3 does not 

create undue delay in emission 

reductions because applicable SCCTs 

comply with the EPA-approved NOx 

RACT limits detailed in Subpart 227–2 

year-round. The emission limits and 

compliance schedule outlined in 

Subpart 227–3 will result in further 

NOx reductions throughout the NYMA 

as expeditiously as practicable. The EPA 

believes, therefore, that the additional 

emission requirements listed within 

Subpart 227–3 will strengthen New 

York’s ozone SIP and help the state 

attain the 2008 and 2015 national 

ambient air quality standards for ozone. 

III. What action is the EPA taking? 

The EPA is approving New York’s SIP 

revision submittal dated May 18, 2020, 

for purposes of incorporating 6 NYCRR 

Subpart 227–3, ‘‘Ozone Season Oxides 

of Nitrogen (NOx) Emission Limits for 

Simple Cycle and Regenerative 

Combustion Turbines,’’ with a state 

effective date of January 16, 2020. After 

evaluating Subpart 227–3 for 

consistency with the CAA, EPA 

regulations, and EPA policy, the EPA 

finds that the submission strengthens 

New York’s ozone SIP and, as an added 

benefit, will help New York State attain 

and maintain the national ambient air 

quality standards for ozone. 

The EPA is also approving the 

removal of New York’s previous 6 

NYCRR Subpart 227–3,’’ Pre-2003 

Nitrogen Oxides Emissions Budget and 

Allowance Program’’, from New York’s 

SIP. In addition to finding that New 

York’s 227–3 Trading Program 

Regulation is no longer in effect and that 

New York repealed it from the New 

York Code of Rules and Regulations, the 

EPA has determined, as discussed in the 

proposed rulemaking (see 86 FR 11688), 

that New York’s 227–3 Trading Program 

Regulation has been superseded by 

other state and federal regulations that 

required additional NOx ozone season 

emission reductions. As the EPA 

determined regarding New York’s CAIR 

trading program rule (see 86 FR 11688), 

the EPA does not believe that the 

removal of New York’s 227–3 Trading 

Program Regulation from New York’s 

SIP will interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement of the NAAQS. 

And as discussed in the proposed 

rulemaking, New York’s 227–3 Trading 

Program Regulation predates more 

stringent rules and tighter NOx ozone 

season budgets under the NOx SIP call, 

CAIR, and CSAPR trading programs, as 

well as New York NOx RACT rules; it 

is not applicable to the current federal 

or state regulatory framework. New York 

also does not rely on emission 

reductions from New York’s 227–3 

Trading Program Regulation in any of its 

nonattainment planning elements 

required under CAA sections 110, 172, 

or 182 and the EPA no longer operates 

the NOx Budget Trading Program 

allowing for the allocation and trading 

of allowances. 

Moreover, the removal of New York’s 

227–3 Trading Program Regulation from 

New York’s SIP will have no 

consequences for the attainment and 

maintenance of the NAAQS in any area, 

now or in the future. Consistent with 

CAA section 110(l), the EPA has 

determined that the removal of New 

York’s 227–3 Trading Program 

Regulation will not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the NAAQS. 

Accordingly, the EPA finds that it is 

appropriate to approve the removal of 

New York’s 227–3 Trading Program 

Regulation from the New York SIP. 

The EPA is approving New York’s 

May 18, 2020 SIP submittal as it applies 

to major sources of NOx, as a SIPstrengthening measure for New York’s 

ozone SIP. 

IV. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of 6 NYCRR Part 227–3, 

‘‘Ozone Season Oxides of Nitrogen 

(NOx) Emission Limits for Simple Cycle 

and Regenerative Combustion 

Turbines,’’ the regulation described in 

the amendments to 40 CFR part 52 set 

forth below. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 2 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in New 


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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 43959 

3 62 FR 27968 (May 22, 1997). 

York’s SIP, have been incorporated by 

reference by EPA into that SIP, are fully 

federally enforceable under sections 110 

and 113 of the CAA as of the effective 

date of the final rulemaking of EPA’s 

approval, and will be incorporated by 

reference in the next update to the SIP 

compilation.3

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 

Act 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 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 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)); 

• Is not an Executive Order 13771 (82 

FR 9339 (February 2, 2017)) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 Clean Air Act; 

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 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249 (November 9, 2000)). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 October 12, 2021. 

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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen Dioxide, 

Intergovernmental Relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile Organic 

Compounds. 

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

Dated: August 03, 2021. 

Walter Mugdan, 

Acting Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended 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. In § 52.1670, the table in paragraph 

(c) is amended by revising the entry 

‘‘Title 6, Part 227, Subpart 227–3’’ to 

read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS

State citation Title/subject State effective 

date EPA approval date Comments 

*******

Title 6, Part 227, 

Subpart 227–3.

Ozone Season Oxides of Nitrogen 

(NOx) Emission Limits for Simple 

Cycle and Regenerative Combustion 

Turbines.

January 16, 2020 ... August 11, 2021 [Federal Register 

page citation] EPA approval finalized 

at [insert Federal Register citation].

*******


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43960 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

1This approval action is based on the information 

contained in the administrative record for this 

action and does not prejudge any other future EPA 

action that may make other determinations 

regarding any of the subject state’s air quality status. 

Any such future actions, such as area designations 

under any NAAQS, will be based on their own 

administrative records and the EPA’s analyses of 

information that becomes available at those times. 

Future available information may include, and is 

not limited to, monitoring data and modeling 

analyses conducted pursuant to the EPA’s SO2 Data 

Requirements Rule (80 FR 51052, August 21, 2015) 

and information submitted to the EPA by states, air 

agencies, and third party stakeholders such as 

citizen groups and industry representatives. 

* * * * * 

[FR Doc. 2021–16939 Filed 8–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0365; FRL–8705–02– 

R7] 

Interstate Transport Prongs 1 and 2 for 

the 2010 Sulfur Dioxide (SO2) Standard 

for Kansas and Nebraska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve State Implementation Plan 

(SIP) submissions from Kansas and 

Nebraska addressing the Clean Air Act 

(CAA or Act) interstate transport SIP 

requirements for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS). These 

submissions address the requirement 

that each SIP contain adequate 

provisions prohibiting air emissions that 

will have certain adverse air quality 

effects in other states. The EPA is 

approving portions of these 

infrastructure SIPs for the 

aforementioned states as containing 

adequate provisions to ensure that air 

emissions in the states will not 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2010 SO2 NAAQS in 

any other state. 

DATES: This final rule is effective on 

September 10, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0365. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the Atmospheric Programs Section, Air 

Quality Planning Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 7, 11201 

Renner Boulevard, Lenexa, Kansas 

66219. The EPA requests that if at all 

possible, you contact the person 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 federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Keas, Environmental Protection 

Agency, Region 7 Office, Air Quality 

Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7629, or by email at 

keas.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revisions been met? 

III. What are the actions the EPA is taking? 

IV. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

In this action, the EPA is approving 

the prong 1 and prong 2 portions of 

infrastructure SIP submissions 

submitted by Kansas on April 7, 2020, 

and Nebraska on October 27, 2020, as 

demonstrating that the SIP contains 

adequate provisions to ensure that air 

emissions from sources in these states 

will not significantly contribute to 

nonattainment or interfere with 

maintenance of the 2010 SO2 NAAQS in 

any other state or each other. All other 

applicable infrastructure SIP 

requirements for these SIP submissions 

are addressed in separate rulemakings. 

As discussed in Section IV of the 

proposed action (see 86 FR 31645), the 

EPA first reviewed each state’s analysis 

to assess how the state evaluated the 

transport of SO2 to other states, the 

types of information used in the 

analysis and the conclusions drawn by 

the state. The EPA then conducted a 

weight of evidence analysis, including 

review of each state’s submission and 

other available information, including 

air quality, emission sources and 

emission trends within the state and in 

bordering states to which it could 

potentially contribute or interfere.1

Please see the EPA’s proposed rule for 

the full analysis of the state submittals. 

The public comment period on the 

EPA’s proposed rule opened on June 15, 

2021, the date of its publication in the 

Federal Register and closed on July 15, 

2021. During this period, the EPA 

received no comments. 

II. Have the requirements for approval 

of a SIP revision been met? 

The State submissions have met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submissions also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. Kansas provided public 

notice on its SIP revision from January 

16, 2020, to February 17, 2020, and 

received no comments. Nebraska 

provided public notice on its SIP 

revision from September 14, 2020, to 

October 16, 2020, and received no 

comments. In addition, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. What are the actions the EPA is 

taking? 

The EPA is taking final action to 

approve the following submittals as 

meeting the interstate transport 

requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2010 SO2

NAAQS: Kansas’ April 7, 2020 

submittal and Nebraska’s October 27, 

2020 submittal. The EPA is finalizing 

this approval based on our review of the 

information and analysis provided by 

each state, as well as additional relevant 

information, as detailed in the EPA’s 

proposed rule, which indicates that instate air emissions will not contribute 

significantly to nonattainment or 

interfere with maintenance of the 2010 

SO2 NAAQS in any other state. This 

action is being taken under section 110 

of the CAA. 

IV. 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 CAA. 

Accordingly, these proposed actions 

merely approve state law as meeting 

federal requirements and do not impose 

additional requirements beyond those 


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