This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

40963 

Vol. 82, No. 166 

Tuesday, August 29, 2017 

1Federal Implementation Plans; Interstate 

Transport of Fine Particulate Matter and Ozone and 

Correction of SIP Approvals, 76 FR 48208 (August 

8, 2011) (codified as amended at 40 CFR 52.38 and 

52.39 and 40 CFR part 97). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2017–0425, FRL–9967–04– 

Region 2] 

Approval of Air Quality Implementation 

Plans; New York; Cross-State Air 

Pollution Rule; NOX Annual and SO2

Group 1 Trading Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

conditionally approve a revision to the 

New York State Implementation Plan 

(SIP) addressing requirements of the 

Cross-State Air Pollution Rule (CSAPR). 

Under the CSAPR, large electricity 

generating units in New York are subject 

to Federal Implementation Plans (FIPs) 

requiring the units to participate in 

CSAPR federal trading programs for 

annual emissions of nitrogen oxides 

(NOX), ozone season emissions of NOX, 

and annual emissions of sulfur dioxide 

(SO2). This action proposes to 

conditionally approve into New York’s 

SIP the State’s regulations that replace 

the default allowance allocation 

provisions of the CSAPR federal trading 

programs for annual NOX and SO2

emissions. At this time, EPA is not 

taking action on the portion of New 

York’s SIP submittal addressing NOX

ozone season emissions. EPA is 

proposing to conditionally approve New 

York’s regulations for annual NOX and 

SO2 emissions because, while the 

submitted rules do not fully conform to 

CSAPR, New York is in the process of 

making further revisions to its rules and 

has provided a commitment to finalize 

and submit them by December 29, 2017. 

Upon timely meeting of this 

commitment, EPA will propose to 

convert the conditional approval of the 

SIP revision to a full approval. 

DATES: Comments must be received on 

or before September 28, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2017–0425, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. 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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Fradkin, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3702, or by 

email at fradkin.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is EPA’s proposed action? 

II. Background on CSAPR and CSAPRRelated SIP Revisions 

III. Criteria for Approval of CSAPR-Related 

SIP Revisions 

IV. New York’s Submittal and EPA’s Analysis 

V. EPA’s Proposed Action on New York’s 

Submittal 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. What is EPA’s proposed action? 

Pursuant to Section 110(k)(4) of the 

Clean Air Act (CAA), EPA is proposing 

to conditionally approve portions of 

New York’s December 1, 2015 SIP 

submittal concerning CSAPR1 trading 

programs for annual emissions of NOX

and SO2. Large Electric Generating Units 

(EGUs) in New York are subject to 

CSAPR FIPs that require the units to 

participate in the federal CSAPR NOX

Annual Trading Program and the federal 

CSAPR SO2 Group 1 Trading Program. 

CSAPR provides a process for the 

submission and approval of SIP 

revisions to replace certain provisions of 

the CSAPR FIPs while the remaining 

FIP provisions continue to apply. This 

type of CSAPR SIP is termed an 

abbreviated SIP. 

The New York State Department of 

Environmental Conservation (DEC) 

amended portions of Title 6 of the New 

York Codes, Rules and Regulations (6 

NYCRR) in order to incorporate CSAPR 

requirements into the State’s rules and 

allow the DEC to allocate CSAPR 

allowances to regulated entities in New 

York. 6 NYCRR Part 244, ‘‘CAIR NOX

Annual Trading Program,’’ has been 

repealed and replaced in its entirety 

with a new rule, 6 NYCRR Part 244, 

‘‘Transport Rule NOX Annual Trading 

Program.’’ 6 NYCRR Part 245, ‘‘CAIR 

SO2 Trading Program,’’ has also been 

repealed and replaced in its entirety 

with a new rule, 6 NYCRR Part 245, 

‘‘Transport Rule SO2 Group 1 Trading 

Program.’’ Attendant revisions were 

made to 6 NYCRR Part 200, ‘‘General 

Provisions,’’ to update the list of 

referenced materials that are cited in the 

amended New York regulations. EPA is 

proposing to conditionally approve into 

the SIP the revised versions of 6 NYCRR 

Parts 200, 244 and 245. 

This SIP revision is being proposed 

for conditional approval as opposed to 

a full approval because of several 

deficiencies that must be addressed as 

discussed in section IV of this notice. 

The proposed conditional approval of 

portions of New York’s SIP submittal is 

conditioned on DEC meeting the 

commitment, articulated in its letters 

dated July 14, 2016, March 4, 2017, and 

July 6, 2017, to make the necessary 

revisions to 6 NYCRR Parts 200, 244, 

and 245 to meet the requirements of the 

CAA and EPA’s regulations for approval 

of an abbreviated SIP revision to replace 

EPA’s default allocations of CSAPR 

emission allowances with statedetermined allocations. The July 6, 2017 

letter from DEC committed to 

submitting a SIP revision by December 

29, 2017. The date supersedes the dates 

identified in the July 14, 2016, and 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
40964 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Proposed Rules 

2 In their July 6, 2017 letter, the DEC indicated 

they needed additional time to complete their 

rulemaking. 

3 81 FR 74504 (October 26, 2016). 

4See 40 CFR 52.38, 52.39. States also retain the 

ability to submit SIP revisions to meet their 

transport-related obligations using mechanisms 

other than the CSAPR federal trading programs or 

integrated state trading programs. 

5States covered by both the CSAPR Update and 

the NOX SIP Call have the additional option to 

expand applicability under the CSAPR NOX Ozone 

Season Group 2 Trading Program to include nonEGUs that would have participated in the former 

NOX Budget Trading Program. 

6CSAPR also provides for a third, more 

streamlined form of SIP revision that is effective 

only for control periods in 2016 and is not relevant 

here. See § 52.38(a)(3), (b)(3), (b)(7); § 52.39(d), (g). 

7 § 52.38(a)(4), (b)(4), (b)(8); § 52.39(e), (h). 

March 24, 2017 letters.2 Once EPA 

determines that the DEC has satisfied 

these conditions and EPA approves the 

revisions (after EPA notice and 

comment), EPA shall remove the 

conditional approval and this SIP 

revision will at that time receive full 

approval status. The conditionally 

approved SIP submission will remain 

part of the SIP until EPA takes further 

action. If New York fails to meet its 

commitment to submit a revised SIP by 

December 29, 2017 [i.e., the date of 

commitment from the state’s July 6, 

2017 letter], the conditional approval is 

treated as a disapproval. 

This action proposes to conditionally 

approve into New York’s SIP statedetermined allowance allocation 

procedures for annual NOX and SO2

allowances that would replace EPA’s 

default allocation procedures for the 

control periods in 2017 and beyond. 

The proposed approval of this SIP 

revision does not alter any provision of 

either the CSAPR NOX Annual Trading 

Program or the CSAPR SO2 Group 1 

Trading Program as applied to New 

York units other than the allowance 

allocation provisions, and the FIP 

provisions requiring those units to 

participate in the programs (as modified 

by this SIP revision) remain in place. 

New York also repealed 6 NYCRR Part 

243, ‘‘CAIR NOX Ozone Season Trading 

Program,’’ and replaced it in its entirety 

with a new rule, 6 NYCRR Part 243, 

‘‘Transport Rule NOX Ozone Season 

Trading Program,’’ which was included 

in New York’s December 1, 2015 SIP 

submittal. EPA is not proposing to act 

at this time on the portion of New 

York’s SIP submittal addressing 6 

NYCRR Part 243. Since New York’s 

December 1, 2015 submission, EPA has 

finalized the CSAPR Update rule 3 to 

address Eastern states’ interstate air 

pollution mitigation obligations with 

regard to the 2008 Ozone National 

Ambient Air Quality Standard 

(NAAQS). Among other things, starting 

in 2017 the CSAPR Update requires 

New York EGUs to participate in the 

new CSAPR NOX Ozone Season Group 

2 Trading Program instead of the earlier 

CSAPR NOX Ozone Season Trading 

Program (now renamed the ‘‘Group 1’’ 

program) and replaces the ozone season 

budget for New York with a lower 

budget developed to address the revised 

and more stringent 2008 Ozone NAAQS. 

In DEC’s July 14, 2016 commitment 

letter to EPA, New York indicated that 

the State would revise 6 NYCRR Part 

243 to conform with the final CSAPR 

Update. For this reason, EPA is 

proposing to act at this time only on 6 

NYCRR Parts 200, 244 and 245. 

Section II of this document 

summarizes relevant aspects of the 

CSAPR federal trading programs and 

FIPs as well as the range of 

opportunities states have to submit SIP 

revisions to modify or replace the FIP 

requirements while continuing to rely 

on CSAPR’s trading programs to address 

the states’ obligations to mitigate 

interstate air pollution. Section III 

describes the specific criteria for 

approval of such SIP revisions. Section 

IV contains EPA’s analysis of New 

York’s SIP submittal, and Section V sets 

forth EPA’s action on the submittal. 

II. Background on CSAPR and CSAPRRelated SIP Revisions 

EPA issued CSAPR in July 2011 to 

address the requirements of CAA 

section 110(a)(2)(D)(i)(I) concerning 

interstate transport of air pollution. As 

amended (including the 2016 CSAPR 

Update), CSAPR requires 27 Eastern 

states to limit their statewide emissions 

of SO2 and/or NOX in order to mitigate 

transported air pollution unlawfully 

impacting other states’ ability to attain 

or maintain four NAAQS: The 1997 

annual PM2.5 NAAQS, the 2006 24-hour 

PM2.5 NAAQS, the 1997 Ozone NAAQS, 

and the 2008 Ozone NAAQS. The 

CSAPR emissions limitations are 

defined in terms of maximum statewide 

‘‘budgets’’ for emissions of annual SO2, 

annual NOX, and/or ozone-season NOX

by each covered state’s large EGUs. The 

CSAPR state budgets are implemented 

in two phases of generally increasing 

stringency, with the Phase 1 budgets 

applying to emissions in 2015 and 2016 

and the Phase 2 (and CSAPR Update) 

budgets applying to emissions in 2017 

and later years. As a mechanism for 

achieving compliance with the 

emissions limitations, CSAPR 

establishes five federal emissions 

trading programs: A program for annual 

NOX emissions, two geographically 

separate programs for annual SO2

emissions, and two geographically 

separate programs for ozone-season NOX

emissions. CSAPR also establishes FIP 

requirements applicable to the large 

EGUs in each covered state. The CSAPR 

FIP provisions require each state’s EGUs 

to participate in up to three of the five 

CSAPR trading programs. 

CSAPR includes provisions under 

which states may submit and EPA will 

approve SIP revisions to modify or 

replace the CSAPR FIP requirements 

while allowing states to continue to 

meet their transport-related obligations 

using either CSAPR’s federal emissions 

trading programs or state emissions 

trading programs integrated with the 

federal programs.4 Through such a SIP 

revision, a state may replace EPA’s 

default provisions for allocating 

emission allowances among the state’s 

units, employing any state-selected 

methodology to allocate or auction the 

allowances, subject to timing criteria 

and limits on overall allowance 

quantities. In the case of CSAPR’s 

federal trading programs for ozoneseason NOX emissions (or integrated 

state trading programs), a state may also 

expand trading program applicability to 

include certain smaller EGUs.5 If a state 

wants to replace CSAPR FIP 

requirements with SIP requirements 

under which the state’s units participate 

in a state trading program that is 

integrated with and identical to the 

federal trading program even as to the 

allocation and applicability provisions, 

the state may submit a SIP revision for 

that purpose as well. However, no 

emissions budget increases or other 

substantive changes to the trading 

program provisions are allowed. A state 

whose units are subject to multiple 

CSAPR FIPs and federal trading 

programs may submit SIP revisions to 

modify or replace either some or all of 

those FIP requirements. 

States can submit two basic forms of 

CSAPR-related SIP revisions effective 

for emissions control periods in 2017 or 

later years.6 Specific criteria for 

approval of each form of SIP revision 

are set forth in the CSAPR regulations, 

as described in section III below. Under 

the first alternative—an ‘‘abbreviated’’ 

SIP revision—a state may submit a SIP 

revision that upon approval replaces the 

default allowance allocation and/or 

applicability provisions of a CSAPR 

federal trading program for the state.7

Approval of an abbreviated SIP revision 

leaves the corresponding CSAPR FIP 

and all other provisions of the relevant 

federal trading program in place for the 

state’s units. 

Under the second alternative—a 

‘‘full’’ SIP revision—a state may submit 

a SIP revision that upon approval 


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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Proposed Rules 40965 

8 § 52.38(a)(5), (b)(5), (b)(9); § 52.39(f), (i). 

9 § 52.38(a)(6), (b)(10(i); § 52.39(j). 

10 § 52.38(a)(5)(iv)–(v), (a)(6), (b)(5)(v)–(vi), 

(b)(9)(vi)–(vii), (b)(10)(i); § 52.39(f)(4)–(5), (i)(4)–(5), 

(j). 

11 § 52.38(a)(7), (b)(11)(i); § 52.39(k). 

12 40 CFR 52.38(a)(4)(ii), (a)(5)(vi), (b)(4)(iii), 

(b)(5)(vii), (b)(8)(iv), (b)(9)(viii); § 52.39(e)(2), (f)(6), 

(h)(2), (i)(6). 

13 In the context of the approval criteria for 

CSAPR-related SIP revisions, an ‘‘existing unit’’ is 

a unit for which EPA has determined default 

allowance allocations (which could be allocations 

of zero allowances) in the rulemakings establishing 

and amending CSAPR. A spreadsheet showing 

EPA’s default allocations to existing units is posted 

at www.epa.gov/crossstaterule/techinfo.html. 

14 § 52.38(a)(4)(i), (a)(5)(i), (b)(4)(ii), (b)(5)(ii), 

(b)(8)(iii), (b)(9)(iii); § 52.39(e)(1), (f)(1), (h)(1), (i)(1). 

15See §§ 97.412(b)(10)(ii), 97.512(b)(10)(ii), 

97.612(b)(10)(ii), 97.712(b)(10)(ii), 97.812(b)(10)(ii). 

16 § 52.38(a)(4)(i)(A), (a)(5)(i)(A), (b)(4)(ii)(A), 

(b)(5)(ii)(A), (b)(8)(iii)(A), (b)(9)(iii)(A); 

§ 52.39(e)(1)(i), (f)(1)(i), (h)(1)(i), (i)(1)(i). 

17 § 52.38(b)(8)(iii)(A). (b)(9)(iii)(A). 

18 § 52.38(a)(4)(i)(B)–(C), (a)(5)(i)(B)–(C), 

(b)(4)(ii)(B)–(C), (b)(5)(ii)(B)–(C), (b)(8)(iii)(B)–(C), 

(b)(9)(iii)(B)–(C); § 52.39(e)(1)(ii)–(iii), (f)(1)(ii)–(iii), 

(h)(1)(ii)–(iii), (i)(1)(ii)-(iii). 

replaces a CSAPR federal trading 

program for the state with a state trading 

program integrated with the federal 

trading program, so long as the state 

trading program is substantively 

identical to the federal trading program 

or does not substantively differ from the 

federal trading program except as 

discussed above with regard to the 

allowance allocation and/or 

applicability provisions.8 For purposes 

of a full SIP revision, a state may either 

adopt state rules with complete trading 

program language, incorporate the 

federal trading program language into its 

state rules by reference (with 

appropriate conforming changes), or 

employ a combination of these 

approaches. 

The CSAPR regulations identify 

several important consequences and 

limitations associated with approval of 

a full SIP revision. First, upon EPA’s 

approval of a full SIP revision as 

correcting the deficiency in the state’s 

SIP that was the basis for a particular set 

of CSAPR FIP requirements, the 

obligation to participate in the 

corresponding CSAPR federal trading 

program is automatically eliminated for 

units subject to the state’s jurisdiction 

without the need for a separate EPA 

withdrawal action, so long as EPA’s 

approval of the SIP is full and 

unconditional.9 Second, approval of a 

full SIP revision does not terminate the 

obligation to participate in the 

corresponding CSAPR federal trading 

program for any units located in any 

Indian country within the borders of the 

state, and if and when a unit is located 

in Indian country within a state’s 

borders, EPA may modify the SIP 

approval to exclude from the SIP, and 

include in the surviving CSAPR FIP 

instead, certain trading program 

provisions that apply jointly to units in 

the state and to units in Indian country 

within the state’s borders.10 Finally, if at 

the time a full SIP revision is approved 

EPA has already started recording 

allocations of allowances for a given 

control period to a state’s units, the 

federal trading program provisions 

authorizing EPA to complete the process 

of allocating and recording allowances 

for that control period to those units 

will continue to apply, unless EPA’s 

approval of the SIP revision provides 

otherwise.11

III. Criteria for Approval of CSAPRRelated SIP Revisions 

Each CSAPR-related abbreviated or 

full SIP revision must meet the 

following general submittal criteria: 

• Timeliness and completeness of SIP 

submittal. If a state wants to replace the 

default allowance allocation or 

applicability provisions of a CSAPR 

federal trading program, the complete 

SIP revision must be submitted to EPA 

by December 1 of the year before the 

deadlines described below for 

submitting allocation or auction 

amounts to EPA for the first control 

period for which the state wants to 

replace the default allocation and/or 

applicability provisions.12 This SIP 

submission deadline is inoperative in 

the case of a SIP revision that seeks only 

to replace a CSAPR FIP and federal 

trading program with a SIP and a 

substantively identical state trading 

program integrated with the federal 

trading program. The SIP submittal 

completeness criteria in section 2.1 of 

appendix V to 40 CFR part 51 also 

apply. 

In addition to the general submittal 

criteria, a CSAPR-related abbreviated or 

full SIP seeking to address the allocation 

or auction of emission allowances must 

meet the following further criteria: 

• Methodology covering all 

allowances potentially requiring 

allocation. For each federal trading 

program addressed by a SIP revision, 

the SIP revision’s allowance allocation 

or auction methodology must replace 

both the federal program’s default 

allocations to existing units 13 at 40 CFR 

97.411(a), 97.511(a), 97.611(a), 

97.711(a), or 97.811(a) as applicable, 

and the federal trading program’s 

provisions for allocating allowances 

from the new unit set-aside (NUSA) for 

the state at 40 CFR 97.411(b)(1) and 

97.412(a), 97.511(b)(1) and 97.512(a), 

97.611(b)(1) and 97.612(a), 97.711(b)(1) 

and 97.712(a), or 97.811(b)(1) and 

97.812(a), as applicable.14 In the case of 

a state with Indian country within its 

borders, while the SIP revision may 

neither alter nor assume the federal 

program’s provisions for administering 

the Indian country NUSA for the state, 

the SIP revision must include 

procedures addressing the disposition of 

any otherwise unallocated allowances 

from an Indian country NUSA that may 

be made available for allocation by the 

state after EPA has carried out the 

Indian country NUSA allocation 

procedures.15

• Assurance that total allocations will 

not exceed the state budget. For each 

federal trading program addressed by a 

SIP revision, the total amount of 

allowances auctioned or allocated for 

each control period under the SIP 

revision (prior to the addition by EPA of 

any unallocated allowances from any 

Indian country NUSA for the state) 

generally may not exceed the state’s 

emissions budget for the control period 

less the sum of the amount of any 

Indian country NUSA for the state for 

the control period and any allowances 

already allocated to the state’s units for 

the control period and recorded by 

EPA.16 Under its SIP revision, a state is 

free to not allocate allowances to some 

or all potentially affected units, to 

allocate or auction allowances to 

entities other than potentially affected 

units, or to allocate or auction fewer 

than the maximum permissible quantity 

of allowances and retire the remainder. 

Under the CSAPR NOX Ozone Season 

Group 2 Trading Program only, 

additional allowances may be allocated 

if the state elects to expand applicability 

to non-EGUs that would have been 

subject to the former NOX Budget 

Trading Program established for 

compliance with the NOX SIP Call.17

• Timely submission of statedetermined allocations to EPA. The SIP 

revision must require the state to submit 

to EPA the amounts of any allowances 

allocated or auctioned to each unit for 

each control period (other than 

allowances initially set aside in the 

state’s allocation or auction process and 

later allocated or auctioned to such 

units from the set-aside amount) by the 

following deadlines.18 Note that the 

submission deadlines differ for amounts 

allocated or auctioned to units 

considered existing units for CSAPR 

purposes and amounts allocated or 

auctioned to other units. 


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19 § 52.38(a)(4)(i)(D), (a)(5)(i)(D), (b)(4)(ii)(D), 

(b)(5)(ii)(D), (b)(8)(iii)(D), (b)(9)(iii)(D); 

§ 52.39(e)(1)(iv), (f)(1)(iv), (h)(1)(iv), (i)(1)(iv). 

20 § 52.38(a)(4), (a)(5), (b)(4), (b)(5), (b)(8), (b)(9); 

§ 52.39(e), (f), (h), (i). 

21 § 52.38(a)(4)(i), (a)(5)(ii), (b)(4)(ii), (b)(5)(iii), 

(b)(8)(iv), (b)(9)(iv); § 52.39(e)(1), (f)(2), (h)(1), (i)(2). 

22 § 52.38(b)(4)(i), (b)(5)(i), (b)(8)(i), (b)(9)(i). 

23 § 52.38(b)(8)(ii), (b)(9)(ii). 

24 § 52.38(b)(4), (b)(5), (b)(8), (b)(9). 

25 § 52.38(a)(5), (b)(5), (b)(9); § 52.39(f), (i). 

26 §§ 52.38(a)(5)(iii), (b)(5)(iv), (b)(9)(v); 

52.39(f)(3), (i)(3). 

27 §§ 52.38(a)(5)(iv), (b)(5)(v), (b)(9)(vi); 

52.39(f)(4), (i)(4). 

28 70 FR 25162 (May 12, 2005). 

CSAPR NOX ANNUAL, CSAPR NOX

OZONE SEASON GROUP 1, CSAPR 

SO2 GROUP 1, AND CSAPR SO2

GROUP 2 TRADING PROGRAMS

Units Year of the 

control period 

Deadline for 

submission to 

EPA of 

allocations or 

auction results 

Existing 2017 and 2018 June 1, 2016. 

2019 and 2020 June 1, 2017. 

2021 and 2022 June 1, 2018. 

2023 and later 

years.

June 1 of the 

fourth year 

before the 

year of the 

control period. 

Other .... All years ........... July 1 of the 

year of the 

control period. 

CSAPR NOX OZONE SEASON GROUP

2 TRADING PROGRAM

Units Year of the 

control period 

Deadline for 

submission to 

EPA of 

allocations or 

auction results 

Existing 2019 and 2020 June 1, 2018. 

2021 and 2022 June 1, 2019. 

2023 and 2024 June 1, 2020. 

2025 and later 

years.

June 1 of the 

fourth year 

before the 

year of the 

control period. 

Other .... All years ........... July 1 of the 

year of the 

control period. 

• No changes to allocations already 

submitted to EPA or recorded. The SIP 

revision must not provide for any 

change to the amounts of allowances 

allocated or auctioned to any unit after 

those amounts are submitted to EPA or 

any change to any allowance allocation 

determined and recorded by EPA under 

the federal trading program 

regulations.19

• No other substantive changes to 

federal trading program provisions. The 

SIP revision may not substantively 

change any other trading program 

provisions, except in the case of a SIP 

revision that also expands program 

applicability as described below.20 Any 

new definitions adopted in the SIP 

revision (in addition to the federal 

trading program’s definitions) may 

apply only for purposes of the SIP 

revision’s allocation or auction 

provisions.21

In addition to the general submittal 

criteria, a CSAPR-related abbreviated or 

full SIP revision seeking to expand 

applicability under their integrated state 

trading programs (which is allowed for 

CSAPR’s NOX ozone season programs 

only) must meet the following further 

criteria: 

• Only EGUs with nameplate capacity 

of at least 15 MWe. The SIP revision 

may expand applicability only to 

additional fossil fuel-fired boilers or 

combustion turbines serving generators 

producing electricity for sale, and only 

by lowering the generator nameplate 

capacity threshold used to determine 

whether a particular boiler or 

combustion turbine serving a particular 

generator is a potentially affected unit. 

The nameplate capacity threshold 

adopted in the SIP revision may not be 

less than 15 MWe.22 In addition or 

alternatively, applicability may be 

extended to non-EGUs that would have 

been subject to the former NOX Budget 

Trading Program established for 

compliance with the NOX SIP Call.23

• No other substantive changes to 

federal trading program provisions. The 

SIP revision may not substantively 

change any other trading program 

provisions, except in the case of a SIP 

revision that also addresses the 

allocation or auction of emission 

allowances as described above.24

In addition to the general submittal 

criteria and the other applicable criteria 

described above, a CSAPR-related full 

SIP revision must meet the following 

further criteria: 

• Complete, substantively identical 

trading program provisions. The SIP 

revision must adopt complete state 

trading program regulations 

substantively identical to the complete 

federal trading program regulations at 

40 CFR 97.402 through 97.435, 97.502 

through 97.535, 97.602 through 97.635, 

97.702 through 97.735, or 97.802 

through 97.835, as applicable, except as 

described above in the case of a SIP 

revision that seeks to replace the default 

allowance allocation and/or 

applicability provisions.25

• Only non-substantive substitutions 

for the term ‘‘State.’’ The SIP revision 

may substitute the name of the state for 

the term ‘‘State’’ as used in the federal 

trading program regulations, but only to 

the extent that EPA determines that the 

substitutions do not substantively 

change the trading program 

regulations.26

• Exclusion of provisions addressing 

units in Indian country. The SIP 

revision may not impose requirements 

on any unit in any Indian country 

within the state’s borders and must not 

include the federal trading program 

provisions governing allocation of 

allowances from any Indian country 

NUSA for the state.27

IV. New York’s Submittal and EPA’s 

Analysis 

A. New York’s SIP Submittal 

On December 1, 2015, New York 

submitted to EPA an abbreviated SIP 

revision that, if approved, would 

replace the default allowance allocation 

provisions of the CSAPR SO2 Group 1, 

CSAPR NOX Annual, and CSAPR NOX

Ozone Season Trading Programs for the 

state’s EGUs for the control periods in 

2017 and beyond with provisions 

establishing state-determined 

allocations for those control periods but 

would leave the corresponding CSAPR 

FIPs and all other provisions of the 

trading programs in place. 

The SIP submittal includes the 

following adopted state rules: 6 NYCRR 

Part 243, ‘‘Transport Rule NOX Ozone 

Season Trading Program,’’ 6 NYCRR 

Part 244, ‘‘Transport Rule NOX Annual 

Trading Program,’’ and 6 NYCRR Part 

245, ‘‘Transport Rule SO2 Trading 

Program.’’ Previous versions of the rules 

developed for state participation in the 

Clean Air Interstate Rule 28 (CAIR), i.e., 

6 NYCRR Part 243, ‘‘CAIR NOx Ozone 

Season Trading Program,’’ 6 NYCRR 

Part 244, ‘‘CAIR NOX Annual Trading 

Program,’’ and 6 NYCRR Part 245, 

‘‘CAIR SO2 Trading Program,’’ have 

been repealed and replaced in their 

entirety with the new rules. Attendant 

revisions were made to 6 NYCRR Part 

200, ‘‘General Provisions,’’ to update the 

list of referenced material that are cited 

in the amended New York regulations. 

The regulations were adopted on 

November 10, 2015, and effective on 

December 12, 2015. 

As discussed in section I, EPA is not 

acting at this time on the portion of New 

York’s SIP submittal addressing 6 

NYCRR Part 243, which will be 

addressed in another rulemaking at a 

later date. In this rulemaking, EPA is 

addressing NYCRR Parts 244, 245, and 

200. 


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New York’s Parts 244 and Part 245 

allow the State to replace the provisions 

of the CSAPR NOX Annual and SO2

Group 1 trading program allocation 

methodology with its own methodology. 

Parts 244 and 245 apply to units that 

serve an electrical generator with a 

nameplate capacity equal to or greater 

than 25 megawatts of electrical output 

and sell any amount of electricity. The 

control periods for Parts 244 and 245 

run from January 1 to December 31. DEC 

would allocate allowances for control 

periods beginning on or after January 1, 

2017. 

For existing units, New York’s 

allocation methodology is based on the 

average of recent emissions (i.e., the 

average of the 3 last years for which data 

is available) from all New York 

Transport Rule units. Five percent of the 

statewide budgets for annual emissions 

of SO2 and NOX would be set aside for 

new units, and the remainder of the 

statewide budgets, but at least ten 

percent, will be allocated to the Energy 

Efficiency and Renewable Energy 

Technology (EERET) account. If the 

allocation to the EERET account would 

be less than the prescribed minimum 

after allocations to existing units based 

on the 3-year average of emissions and 

an allocation of five percent to the new 

unit set-aside, allocations to existing 

units would be reduced proportionally 

by the amounts necessary to ensure that 

ten percent of the budget is allocated to 

the EERET account. 

The DEC will distribute all 

allowances at no cost with the exception 

of allowances held in the EERET 

account, which will be administered by 

the New York State Energy Research 

and Development Authority 

(NYSERDA). The sale of allowances by 

NYSERDA will be used to fund energy 

efficiency projects, renewable energy, or 

clean energy technology. Any EERET 

allowances that are not sold or 

distributed by NYSERDA within 12 

months of the initial allocation to the 

EERET account will be returned to the 

DEC for retirement or reallocation. 

As discussed more fully below, in a 

July 14, 2016 letter to EPA, DEC 

committed to revising 6 NYCRR Parts 

244 and 245, and submitting a revised 

SIP submittal no later than July 14, 2017 

to address EPA comments provided to 

the DEC via email on June 2, 2016. In 

the July 14, 2016 letter to EPA, DEC 

committed to revising the regulations in 

accordance with an enclosed document 

entitled ‘‘NYSDEC Responses to EPA 

Comments on New York’s Annual 

CSAPR Rules.’’ In a November 28, 2016 

email to DEC, EPA identified additional 

deficiencies. In a March 24, 2017 letter 

to EPA, DEC indicated that the State had 

commenced the regulatory process to 

correct additional deficiencies 

identified by EPA and committed to 

complete that process and submit a SIP 

revision by September 15, 2017. In a 

July 6, 2017 letter, DEC revised the date 

for correcting deficiencies and 

submitting a SIP revision to December 

29, 2017. 

New York’s December 1, 2015 SIP 

submission, and July 14, 2016, March 

24, 2017, and July 6, 2017 commitment 

letters to EPA, as well as EPA’s 

comments provided to the DEC on June 

2, 2016, and November 28, 2016 can be 

found in the electronic docket for this 

proposed action at www.regulations.gov. 

B. EPA’s Analysis of New York’s 

Submittal 

1. Timeliness and Completeness of New 

York’s SIP Submittal 

New York’s SIP revision seeks to 

establish state-determined allocations of 

CSAPR NOX Annual and SO2 Group 1 

allowances, starting with the control 

periods in 2017. Under 40 CFR 

52.38(a)(4)(i)(B) and 52.39(e)(1)(ii), the 

deadline for submission of statedetermined allocations for the 2017 and 

2018 control periods is June 1, 2016, 

which under 52.38(a)(4)(ii) and 

52.39(e)(2) makes December 1, 2015, the 

deadline for submission to EPA of a 

complete SIP revision establishing statedetermined allocations for those control 

periods. New York submitted its SIP 

revision to EPA by letter dated and 

delivered electronically on December 1, 

2015, and EPA has determined that the 

submittal complies with the applicable 

minimum completeness criteria of 40 

CFR part 51, Appendix V, Section 2.1. 

Because the New York SIP revision was 

timely submitted and meets the 

applicable completeness criteria, it 

meets the criteria under 40 CFR 

52.38(a)(4)(ii) and 52.39(e)(2). 

2. Methodology Covering All 

Allowances Potentially Requiring 

Allocation 

Sections 244.3 through 244.6, and 

245.3 through 245.6 of the New York 

rules provide the allocation 

methodology adopted by New York in 

the SIP revision. Sections 244.3 through 

244.6 replace the provisions of 40 CFR 

97.411(a), 97.411(b)(1), and 97.412(a) for 

allocations of NOX Annual allowances; 

§§ 245.3 through 245.6 replace the 

provisions of 40 CFR 97.611(a), 

97.611(b)(1), and 97.612(a) for 

allocations of SO2 Group 1 allowances. 

New York’s methodology addresses 

allocation of allowances that under the 

default allocation provisions for the 

Federal trading programs would be 

allocated to existing units as well as 

allowances that would be allocated to 

new units from the new unit set-asides 

established for New York under the 

Federal trading programs. 

Several provisions of New York’s 

allocation methodology are inconsistent 

with the CSAPR SIP approval criteria, 

including as follows: 

• Sections 244.4(b) and 245.4(b) 

indicate that if the DEC fails to submit 

allowance allocations, EPA will, for the 

applicable control period, allocate the 

allowances based on EGUs’ proportional 

shares of the allocations for the previous 

control period. CSAPR rules do not 

allow a SIP revision under which EPA 

would be required to compute new 

allocations on a state’s behalf. 

• New York’s rules do not include 

provisions for the disposition of any 

otherwise unallocated Indian country 

new unit set-aside allowances made 

available to the State for reallocation. 

• EPA believes there is a lack of 

clarity regarding when EGUs would be 

considered ‘‘existing’’ or ‘‘new’’ units 

for purposes of determining whether 

they would receive allocations under 

§§ 244.3 and 245.3 or under §§ 244.5 

and 245.5, respectively, and also which 

years of emissions data would be used 

to determine their allocations. For 

example, given EPA’s understanding 

that New York generally intends for 

covered EGUs to be eligible to receive 

allowance allocations for each year of 

the programs either as existing units or 

as new units, the provisions in 

§§ 244.3(b)(2) and 245.3(b)(2) basing 

allowance allocations to existing units 

on three years of historical emissions 

data, combined with the requirements 

under 40 CFR 52.38(a)(4)(i)(B) and 

52.39(e)(1)(ii) for New York to submit its 

allocations for existing units to EPA up 

to four years in advance, are 

inconsistent with the provisions in 

§§ 244.5(a)(3) and 245.5(a)(3) stating 

that EGUs may receive allocations from 

the new unit set-asides for no more than 

four years. In addition, §§ 244.5(a) and 

245.5(a) describe EGUs commencing 

operation after May 1, 2010 as eligible 

to receive allocations from the new unit 

set-asides, but that date appears to be 

irrelevant under the procedures set forth 

in the other rule provisions. 

3. Assurance That Total Allocations 

Will Not Exceed the State Budget 

Sections 244.3, Transport Rule NOX

Annual Trading Program budgets, and 

245.3, Transport Rule SO2 Group 1 

Trading Program budgets, set forth the 

total amounts of CSAPR NOX Annual 

allowances and CSAPR SO2 Group 1 

allowances to be allocated to New York 


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29 81 FR 74504 (October 26, 2016). 

units for each control period under the 

state trading programs. 

Sections 244.3 and 245.3 provide 

incorrect citations, and therefore 

incorrect CSAPR Phase 2 state budgets, 

for New York. Part 244 cites the North 

Carolina NOX Annual budget at 40 CFR 

97.410(a)(15), which is 41,553 tons, 

instead of the New York NOX Annual 

budget at 40 CFR 97.410(a)(14), which is 

21,722 tons. Part 245 cites the West 

Virginia SO2 Group 1 budget at 40 CFR 

97.610(a)(15), which is 75,688 tons, 

instead of the New York SO2 Group 1 

budget at 40 CFR 610(a)(9), which is 

27,556 tons. In addition, New York’s 

rules do not exclude the amounts of the 

Indian country new unit set-asides for 

New York (22 tons under the NOx 

Annual Trading Program and 28 tons 

under the SO2 Group 1 Trading 

Program) from the total amounts of 

allowances to be allocated by the State. 

As such, New York’s rules do not 

currently provide assurance that total 

allocations will not exceed the amounts 

of New York’s budgets under the 

Federal trading program rules. However, 

as noted below, on November 30, 2015, 

New York submitted allocations for 

existing units to EPA for the 2017 and 

2018 control periods in accordance with 

the intent of its rules. Those allocation 

amounts were based on the correct New 

York budget amounts, not the higher 

budget amounts indicated by the 

incorrect CFR references in the state 

rules. Further, in response to EPA’s 

comments on the SIP submission, New 

York subsequently submitted slightly 

revised allocations that properly 

exclude the amounts of the Indian 

country new unit set-asides from the 

total amounts allocated. On July 27, 

2017, New York also submitted 

allocations for existing units to EPA for 

the 2019 and 2020 control periods that 

were based on the correct budget 

amounts. In light of the fact that the 

actual allocations submitted do not 

exceed the amounts of New York’s 

budgets, EPA believes that the incorrect 

rule provisions do not preclude 

conditional approval of the SIP 

submission while New York works to 

correct the errors. 

4. Timely Submission of StateDetermined Allocations to EPA 

Sections 244.4 and 245.4 provide for 

allowance allocations for existing units 

to be submitted to EPA for the 2017 and 

2018 control periods by December 1, 

2015. New York in fact submitted such 

allocations to EPA on November 30, 

2015 (and later adjusted the allocations 

slightly in order to address EPA’s 

comments on the SIP submission). 

Sections 244.5(a)(7), and 245.5(a)(7) 

indicate that the DEC will submit Statedetermined NUSA allocations to the 

EPA by October 31 of the control period. 

The submission deadline of December 

1, 2015 precedes the June 1, 2016 

deadline discussed in section III above 

for existing units for the 2017 and 2018 

control periods. New York, however, 

has not addressed intended deadlines to 

submit allocations to existing units for 

future control periods beyond 2018. 

New York’s SIP revision meets the 

criteria under 40 CFR 52.38(a)(4)(i)(B) 

and 52.39(e)(1)(ii) for the 2017 and 2018 

control periods only. EPA notes that 

New York’s revised rules must conform 

with the requirements in 40 CFR 

52.38(a)(4)(i)(B) and 52.39(e)(1)(ii), 

which require allocations to be 

submitted up to four years in advance 

of the control period for future years. 

In sections 244.5(a)(7), and 245.5(a)(7) 

New York has included an annual 

deadline of October 31st of the year of 

the control period for submission of 

NUSA allocations to EPA. The October 

31st date is beyond the July 1st annual 

submission deadline for amounts 

allocated or auctioned to units other 

than existing units (also discussed in 

section III of this notice). New York’s 

SIP revision therefore does not meet the 

timing requirements for annual 

submission of NUSA allocations under 

40 CFR 52.38(a)(4)(i)(C) and 

52.39(e)(1)(iii). 

5. No Changes to Allocations Already 

Submitted to EPA or Recorded 

The New York rules include no 

provisions allowing alteration of 

allocations after the allocation amounts 

have been provided to EPA and no 

provisions allowing alteration of any 

allocations made and recorded by EPA 

under the federal trading program 

regulations, thereby meeting the 

condition under 40 CFR 52.38(a)(4)(i)(D) 

and 52.39(e)(1)(iv). 

6. No Other Substantive Changes to 

Federal Trading Program Provisions 

It is apparent from the overall design 

of New York’s rules that they are 

intended only to establish Statedetermined allowance allocation 

procedures and otherwise to coordinate 

with the federal trading program rules. 

However, in their current form the rules 

contain a number of provisions that 

require revision in order to not 

substantively modify the federal trading 

program provisions, including: 

• As mentioned previously in section 

II of this notice, under an ‘‘abbreviated’’ 

SIP revision, a state may replace only 

the allowance allocation and/or 

applicability provisions of a CSAPR 

federal trading program. However, the 

applicability sections of the New York’s 

NOX Annual and SO2 Group 1 rules, 

specifically §§ 244.1(a) and 245.1(a), 

incorporate almost the entire CSAPR 

NOX Annual and SO2 Group 1 

regulations, not just the provisions 

related to allocations. New York’s 

244.1(a) incorporates 40 CFR Sections 

97.401 through 97.410 and 97.413 

through 97.435. New York’s 245.1(a) 

incorporates 40 CFR Sections 97.601 

through 97.610 and 97.613 through 

97.635. Similarly, in §§ 244.2 and 245.2, 

certain terms used throughout the 

trading programs, including 

‘‘Administrator’’ and ‘‘Designated 

representative,’’ are defined only with 

reference to New York’s rules when they 

should be defined with reference to the 

federal regulations. 

• New York’s 6 NYCRR §§ 244.1(d)(2) 

and 245.1(d)(2), include provisions for 

DEC to respond to petitions for 

determinations of applicability. Under 

40 CFR 97.404 and 97.604, responding 

to petitions for determinations of 

applicability is an EPA responsibility. 

• New York’s rules use the term 

‘‘Transport Rule’’ in Parts 244 and 245 

instead of the term ‘‘TR’’ used in the 

CSAPR regulations as originally 

promulgated (i.e., ‘‘Transport Rule NOX

annual allowances’’ instead of ‘‘TR NOX

Annual allowances’’). In the CSAPR 

Update, EPA changed ‘‘TR’’ to ‘‘CSAPR’’ 

throughout the regulations for all the 

CSAPR trading programs. New York 

should update its rules to replace 

‘‘Transport Rule’’ with ‘‘TR’’, or 

preferably with ‘‘CSAPR’’ to reflect the 

nomenclature changes from the CSAPR 

Update.29

• EPA has identified several 

additional instances of incorrect crossreferences in Parts 244, 245, and 200, as 

well as technical corrections needed to 

Parts 244, and 245, and 200 to reflect 

the changes from the CSAPR Update. 

The specific instances are identified in 

EPA’s comments, which are available in 

the docket. 

Except as noted above, EPA has 

determined that the SIP revision meets 

the requirements of 40 CFR 52.38(a)(4) 

and 52.39(e) by making no substantive 

changes to the Federal trading program 

regulations beyond the provisions 

addressing allowance allocations. 

V. EPA’s Proposed Action on New 

York’s Submittal 

The EPA is proposing to conditionally 

approve the New York SIP revision 

submitted on December 1, 2015 

concerning allocations to New York 

units of CSAPR NOX Annual allowances 

and CSAPR SO2 Group 1 allowances for 


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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Proposed Rules 40969 

30 In the event the conditional approval 

automatically reverts to a disapproval, the validity 

of allocations made pursuant to the SIP revision 

before the date of such reversion would not be 

affected. 

the control periods in 2017 and 2018, 

and future control periods beyond 2018. 

This rule proposes to conditionally 

approve into the New York SIP 

amendments to 6 NYCRR Parts 244 and 

245 that incorporate CSAPR 

requirements into the State rules, and 

allows the DEC to allocate CSAPR 

allowances to regulated entities in New 

York. EPA is also proposing to 

conditionally approve the attendant 

revisions to 6 NYCRR Part 200 to update 

the list of referenced materials cited in 

the amended New York regulations. 

The proposed conditional approval of 

Parts 200, 244, and 245 is based upon 

DEC’s commitment to make the 

necessary changes, identified in the July 

14, 2016, March 4, 2017, and July 6, 

2017 commitment letters, to New York’s 

6 NYCRR Part 244, ‘‘Transport Rule 

NOX Annual Trading Program,’’ Part 

245, ‘‘Transport Rule SO2 Group 1 

Trading Program,’’ and Part 200, 

‘‘General Provisions.’’ See section IV B. 

of this notice concerning New York’s 

budget, allowance allocation 

methodology, timing of submission of 

allocations, replaceable provisions of a 

CSAPR federal trading program under 

an abbreviated SIP, applicability 

determinations, and other substantive 

changes to the CSAPR Federal trading 

program regulations. 

Following the conditional approval of 

Part 200, Part 244, and Part 245, 

allocations of CSAPR NOX Annual 

allowances and CSAPR SO2 Group 1 

allowances will be made according to 

the provisions of New York’s SIP (as 

modified by the DEC’s July 14, 2016, 

March 24, 2017, and July 6, 2017 

commitment letters to EPA) instead of 

40 CFR 97.411(a), 97.411(b)(1), 

97.412(a), 97.611(a), 97.611(b)(1), and 

97.612(a). EPA’s action on this SIP 

revision does not alter any provisions of 

the Federal CSAPR NOX Annual 

Trading Program and the Federal 

CSAPR SO2 Group 1 Trading Program as 

applied to New York units other than 

the allowance allocation provisions, and 

the FIPs requiring the units to 

participate in the programs (as modified 

by this SIP revision) remain in place. 

EPA is proposing to conditionally 

approve Part 200, Part 244 and Part 245 

because New York’s rules (when 

modified by the DEC as indicated in its 

July 14, 2016, March 24, 2017, and July 

6, 2017 commitment letters to EPA) will 

meet the requirements of the CAA and 

EPA’s regulations for an abbreviated SIP 

revision and will replace EPA’s default 

allocations of CSAPR emission 

allowances with state-determined 

allocations, as discussed in section IV.B 

above. 

Under CAA section 110(k)(4), the EPA 

may approve a SIP revision based on a 

commitment by a State to adopt specific 

enforceable measures by a date certain, 

but not later than one year after the date 

of final conditional approval. If the State 

fails to meet its commitment to submit 

a revised SIP by December 29, 2017 [i.e., 

the date of commitment from the state’s 

July 6, 2017 letter], or if the EPA finds 

the State’s revisions to be incomplete, or 

the EPA disapproves the State’s 

revisions, the conditional approval will, 

by operation of law, become a 

disapproval. EPA would notify the State 

by letter that such action has occurred. 

At that time, the SIP revisions in 

question would not be part of the 

approved SIP. If that were to occur, EPA 

would subsequently publish a 

document in the Federal Register 

notifying the public that the conditional 

approval automatically converts to a 

disapproval.30 If, however, the State 

meets its commitment within the 

applicable timeframe, EPA would 

subsequently publish in the Federal 

Register a document notifying the 

public that EPA intends to convert the 

conditional approval to a full approval. 

Because a FIP already in place 

satisfies New York’s obligations to 

mitigate interstate transport air 

pollution, should a disapproval become 

finalized as noted above, the EPA will 

not be required to take further action. 

Additionally, since the SIP submission 

is not required in response to a SIP call 

under CAA section 110(k)(5), mandatory 

sanctions under CAA section 179 would 

not apply because the deficiencies are 

not with respect to a submission that is 

required under CAA title I part D. 

VI. Incorporation By Reference 

In this rule, the EPA is proposing 

action that will involve adoption of 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference revisions to 6 

NYCRR Parts 200, 244, and 245 as 

previously discussed. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov, and/or at the EPA 

Region 2 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VII. 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 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 Clean Air Act. 

Accordingly, this proposed 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175, 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 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
40970 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Proposed Rules 

preempt tribal law. Thus Executive 

Order 13175 does not apply to this 

action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen Dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: August 18, 2017. 

Catherine R. McCabe, 

Acting Regional Administrator, Region 2. 

[FR Doc. 2017–18290 Filed 8–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2010–1042; FRL–9967–01– 

OAR] 

RIN 2060–AT13 

National Emission Standards for 

Hazardous Air Pollutants for Wool 

Fiberglass Manufacturing; Rotary Spin 

Lines Technology Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In this action, the 

Environmental Protection Agency (EPA) 

is proposing amendments to previous 

proposals to the National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) for the Wool Fiberglass 

Manufacturing source category. In the 

July 29, 2015, final rulemaking, the EPA 

deferred action on previously proposed 

formaldehyde, methanol and phenol 

emission limits from rotary spin (RS) 

lines at wool fiberglass manufacturing 

facilities. In this action, the EPA is 

proposing to readopt the existing 

emission limits for formaldehyde, to 

establish emission limits for methanol, 

and to establish a work practice 

standard for phenol emissions from 

bonded RS lines at wool fiberglass 

manufacturing facilities. In addition, the 

EPA is proposing amendments to the 

emission limits promulgated on July 29, 

2015, for formaldehyde, methanol, and 

phenol from flame attenuation (FA) 

lines at wool fiberglass manufacturing 

facilities. The EPA is only taking 

comments on the specific proposed 

requirements and revisions set forth in 

this proposed rulemaking, which are 

based on information contained in this 

proposal. The EPA is not taking 

comment on any aspect of previous 

rulemakings, including the November 

25, 2011, April 15, 2013, and November 

13, 2014, proposals. 

DATES: The EPA must receive written 

comments on this proposed rule on or 

before October 13, 2017. 

Public Hearing. If a public hearing is 

requested by September 5, 2017, then 

we will hold a public hearing on 

September 13, 2017. The last day to preregister in advance to speak at the 

public hearing will be September 11, 

2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–1042, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn 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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Public Hearing. If a hearing is 

requested, it will be held at the EPA 

WJC East Building, 1201 Constitution 

Avenue NW, Washington, DC 20004. If 

a public hearing is requested, then we 

will provide additional details about the 

public hearing on our Web site at 

https://www.epa.gov/stationary-sourcesair-pollution/wool-fiberglassmanufacturing-national-emissionsstandards. To request a hearing, to 

register to speak at a hearing, or to 

inquire if a hearing will be held, please 

contact Aimee St. Clair at (919) 541– 

1063 or by email at stclair.aimee@

epa.gov. The EPA does not intend to 

publish any future notices in the 

Federal Register regarding a public 

hearing on this proposed action and 

directs all inquiries regarding a hearing 

to the Web site and contact person 

identified above. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this proposed action, 

contact Mr. Brian Storey, Office of Air 

Quality Planning and Standards, Sector 

Policies and Programs Division (D243– 

04), Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–1103; fax 

number: (919) 541–5450; email address: 

storey.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: Docket. 

The EPA has established a docket for 

this rulemaking under Docket ID No. 

EPA–HQ–OAR–2010–1042. All 

documents in the docket are listed in 

the Regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., 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. 

Publicly available docket materials are 

available either electronically at https:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Room 3334, 

EPA WJC West Building, 1301 

Constitution Avenue NW, Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the EPA 

Docket Center is (202) 566–1742. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2010– 

1042. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at https:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be CBI or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https://

www.regulations.gov or email. The 

https://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through https://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 


jstallworth on DSKBBY8HB2PROD with PROPOSALS