Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 43209 

1The EPA has defined RACT as the lowest 

emission limitation that a particular source is 

capable of meeting by the application of control 

technology that is reasonably available considering 

technological and economic feasibility (44 FR 

53762, September 17, 1979). 

2Center for Biological Diversity v. Gina McCarthy, 

Case No. 4:16–cv–04092–PJH (N.D.Ca.), Revised 

Consent Decree dated 1/19/17. 

Dated: August 31, 2017. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2017–19462 Filed 9–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2017–0459, FRL–9967–76– 

Region 2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Reasonably Available Control 

Technology for the 2008 8-Hour Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

conditionally approve a State 

Implementation Plan (SIP) submitted by 

the State of New York for purposes of 

implementing Reasonably Available 

Control Technology (RACT) for the 2008 

8-hour ozone National Ambient Air 

Quality Standard (NAAQS). This 

proposed approval is conditioned on 

New York’s timely submittal of a 

supplement to the SIP that includes a 

revised regulatory RACT requirement 

related to control of volatile organic 

compounds from Industrial Cleaning 

Solvents. The EPA is proposing to 

approve New York’s RACT SIP as it 

applies to non-control technique 

guideline major sources and major 

sources of oxides of nitrogen. The EPA 

is also proposing to approve the State of 

New York’s non-attainment new source 

review certification as sufficient for 

purposes of satisfying the 2008 8-hour 

ozone NAAQS. This action is being 

taken in accordance with the 

requirements of the Clean Air Act. 

DATES: Written comments must be 

received on or before October 16, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2017–0459 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the Web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Anthony (Ted) Gardella, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3892, or by email at 

Gardella.Anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The SUPPLEMENTARY INFORMATION

section is arranged as follows: 

Table of Contents 

I. What action is the EPA proposing? 

II. What is the background for this proposed 

rulemaking? 

III. What did New York submit? 

IV. What is the EPA’s evaluation of New 

York’s SIP submittal? 

V. How could New York get full approval for 

this SIP revision? 

VI. Statutory and Executive Order Reviews 

I. What action is the EPA proposing? 

The EPA is proposing to conditionally 

approve a State Implementation Plan 

(SIP) submitted by the State of New 

York on December 22, 2014 for purposes 

of implementing Reasonably Available 

Control Technology (RACT) 1 for the 

2008 8-hour ozone National Ambient 

Air Quality Standard (NAAQS or 

standard). The State’s December 2014 

SIP revision consists of a demonstration 

that New York meets the RACT 

requirements for the two precursors for 

ground-level ozone, i.e., oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs), set forth by the 

Clean Air Act (CAA or Act) with respect 

to the 2008 ozone standard. 

However, in New York’s December 

2014 SIP submittal, the State indicates 

that the RACT requirements for the 2008 

ozone NAAQS have been fulfilled with 

the exception of sources subject to the 

industrial cleaning solvents control 

techniques guidelines (CTG). In the 

State’s submittal, New York committed 

to address sources subject to this CTG 

through a timely revision to Part 226 

entitled, ‘‘Solvent Metal Cleaning 

Processes’’ of Title 6 of the New York 

Codes, Rules and Regulations (6 NYCRR 

Part 226). Therefore, consistent with 

Section 110(k)(4) of the Clean Air Act, 

the EPA is conditioning its approval of 

New York’s December 2014 SIP 

submittal on New York’s commitment to 

submit, by a date certain but not later 

than one year after the date of the EPA’s 

conditional approval of New York’s 

December 2014 SIP submittal, a revised 

Part 226 addressing VOC emissions 

from industrial cleaning solvents. The 

State’s commitment must be submitted 

to EPA, as a supplement to the SIP, and 

include a date certain by which the 

State will submit Part 226, and the date 

certain must be no later than one year 

from the effective date of the EPA’s final 

rule making action on New York’s 

December 2014 SIP submittal. New York 

must commit in writing to correct the 

deficiency discussed above. 

The EPA is proposing to approve New 

York’s RACT SIP as it applies to nonCTG major sources of VOCs and to 

major sources of NOX. The EPA is also 

proposing to approve New York’s 

certification that nonattainment new 

source review (NNSR) applies statewide 

for NOX and VOC emissions from 

stationary sources. 

It should be noted that a court ordered 

consent decree 2 requires that the EPA 

shall sign a notice of final rulemaking 

on New York’s December 2014 RACT 

SIP no later than November 30, 2017. 

II. What is the background for this 

proposed rulemaking? 

In 2008, EPA revised the health based 

NAAQS for ozone, setting it at 0.075 

parts per million (ppm) averaged over 

an 8-hour time frame. The EPA 

determined that the revised 8-hour 

standard would be more protective of 

human health, especially with regard to 

children and adults who are active 

outdoors and individuals with a preexisting respiratory disease such as 

asthma. 

On May 21, 2012 (77 FR 30087), the 

EPA finalized its attainment/ 

nonattainment designations for areas 

across the country with respect to the 

2008 8-hour ozone standard. This action 

became effective on July 20, 2012. The 

two 8-hour ozone marginal 

nonattainment areas located in New 

York State are the New York-Northern 

New Jersey-Long Island (NY-NJ-CT) 

nonattainment area and the Jamestown 


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3 Information pertaining to areas of Indian 

country is intended for CAA planning purposes 

only and is not an EPA determination of Indian 

country status or any Indian country boundary. The 

EPA lacks the authority to establish Indian country 

land status, and makes no determination of Indian 

country boundaries at 77 FR 30087 (May 21, 2012). 

4EPA’s determination of attainment does not 

constitute a redesignation to attainment. 

Redesignation requires states to meet a number of 

additional statutory criteria, including the EPA 

approval of a state plan demonstrating maintenance 

of the air quality standard for 10 years after 

redesignation. (81 FR 26697 at 26701; May 4, 2016). 

nonattainment area. The remainder of 

New York State was designated as 

unclassifiable/attainment. The New 

York portion of the NY-NJ-CT 

nonattainment area, also referred to as 

the New York Metropolitan Area 

(NYMA), is composed of the five 

boroughs of New York City and the 

surrounding counties of Nassau, 

Suffolk, Westchester, Rockland and the 

Shinnecock Indian Nation.3 The 

Jamestown nonattainment area is 

composed of Chautauqua County. On 

May 4, 2016 (81 FR 26697), the EPA 

determined that Jamestown attained the 

2008 ozone standard by the July 20, 

2015 attainment date and that the NYNJ-CT nonattainment area did not attain 

the 2008 ozone standard by the 

applicable attainment date and is 

reclassified from a marginal to a 

moderate nonattainment area. State 

attainment plans for moderate 

nonattainment areas were due by 

January 1, 2017. Jamestown is still 

classified as a marginal nonattainment 

area until the State submits a 

redesignation request 4 to the EPA. 

Since the NYMA has been reclassified 

to a moderate nonattainment area, New 

York plans to submit a new RACT 

determination as part of the State’s 

attainment demonstration for the 2008 

ozone standard. 

The counties in the NYMA (and part 

of Orange County) were previously 

classified under the 1979 1-hour ozone 

NAAQS as severe, requiring RACT, 

while the remaining counties in the 

State were subject to RACT as part of 

the moderate classification or as part of 

the Ozone Transport Region (OTR). In 

the NYMA and other portions of Orange 

County, the previous severe 

classification resulted in a requirement 

for major sources to be defined as those 

having emissions of 25 tons per year or 

more for either VOC or NOX. 

In areas classified as moderate or 

areas located in the OTR (which 

includes all of New York State) under 

the 8-hour ozone standard, the 

definition for major sources in New 

York would have been 50 tons per year 

for VOC and 100 tons per year for NOX. 

New York chose to retain the 1-hour 

ozone plan emission threshold of 25 

tons per year in the NYMA and a 

portion of Orange County for purposes 

of the RACT analysis which results in 

a more stringent evaluation of RACT. 

The rest of the state follows major 

source definitions as previously 

mentioned. 

Sections 172(c)(1) and 182(b)(2) of the 

CAA require states to implement RACT 

in areas classified as moderate (and 

higher) nonattainment for ozone, while 

section 184(b)(1)(B) of the CAA requires 

RACT in states located in the OTR. 

Specifically, these areas are required to 

implement RACT for all major VOC and 

NOX emission sources and for all 

sources covered by a Control 

Techniques Guideline (CTG). A CTG is 

a document issued by the EPA which 

establishes a ‘‘presumptive norm’’ for 

RACT for a specific VOC source 

category. A related set of documents, 

Alternative Control Techniques (ACT) 

documents, exists primarily for NOX

control requirements. States must 

submit rules, or negative declarations 

when the State has no such sources, for 

CTG source categories, but not for 

sources in ACT categories. However, 

RACT must be imposed on major 

sources of NOX, and some of those 

major sources may be within a sector 

covered by an ACT document. 

On March 6, 2015 (80 FR 12264), the 

EPA published a final rule that outlined 

the obligations that areas found to be in 

nonattainment of the 2008 ozone 

NAAQS need to address. This rule, 

herein referred to as the ‘‘2008 ozone 

implementation rule,’’ contained, 

among other things, a description of the 

EPA’s expectations for states with RACT 

obligations. The 2008 ozone 

implementation rule indicated that 

states could meet RACT through the 

establishment of new or more stringent 

requirements that meet RACT control 

levels, through a certification that 

previously adopted RACT controls in 

their SIP approved by the EPA under a 

prior ozone NAAQS represents adequate 

RACT control levels for attainment of 

the 2008 ozone NAAQS, or a 

combination of these two approaches. In 

addition, a state must submit a negative 

declaration in instances where there are 

no CTG sources. The 2008 ozone 

implementation rule requires that states 

with nonattainment areas were required 

to submit RACT SIPs to EPA within two 

years from the effective date of 

nonattainment designation or by July 

20, 2014. 

III. What did New York submit? 

On December 22, 2014, the New York 

Department of Environmental 

Conservation (NYSDEC or New York) 

submitted to the EPA a formal revision 

to its SIP. The SIP revision consists of 

information documenting how New 

York complied with the RACT 

requirements for the 2008 8-hour ozone 

NAAQS. In its December 2014 RACT 

submittal, New York certifies that the 

State’s submittal addresses the RACT 

requirements for the 2008 8-hour ozone 

standard, with the exception of the CTG 

for industrial cleaning solvents. In New 

York’s December 2014 RACT submittal, 

the State commits to revise 6 NYCRR 

Part 226, ‘‘Solvent Metal Cleaning 

Processes,’’ to fulfill that requirement in 

a timely manner. 

In New York’s December 2014 RACT 

submittal, the State evaluated its 

existing RACT regulations which were 

adopted to meet the 1997 8-hour ozone 

standard to ascertain whether the same 

regulations constitute RACT for the 

2008 8-hour ozone standard. In making 

its new 8-hour ozone RACT 

determination, New York relied on 

EPA’s RACT Question and Answer 

document (May 18, 2006) and the most 

recent emission control technology and 

cost evaluations to determine what 

constitutes technically and 

economically feasible controls for 

specific sources. Accordingly, the basic 

framework for New York’s December 

2014 RACT SIP determination is 

described as follows: 

• Identify all source categories 

covered by CTG and ACT documents. 

• Identify applicable regulations that 

implement RACT. 

• Certify that the existing level of 

controls for the 1997 8-hour ozone 

standard equals RACT under the 2008 

8-hour ozone standard in certain cases. 

• Declare which sources covered by a 

CTG and ACT do not exist within the 

state and/or that RACT is not applicable 

in certain cases. 

• Identify and evaluate applicability 

of RACT to individual sources whose 

source category does not have a 

presumptive emission limit covered by 

a state-wide regulation. 

• Identify potential RACT revisions. 

• Identify statewide applicability of 

nonattainment new source review 

(NNSR). 

New York certified that, with the 

exception of Part 226, ‘‘Solvent Metal 

Cleaning Processes,’’ which addresses 

VOC emissions from solvent metal 

cleaning processes, all RACT 

regulations with SIP approved State 

effective dates through the date when 

the RACT analysis was performed in 

2014 are RACT for the 2008 8-hour 

ozone NAAQS because the RACT 

determinations issued by the State are 

consistent with the most recent control 

technology and economic 


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5The CTG for the manufacturing of vegetable oils 

was published in June 1978 (see EPA–450/2–78– 

035) but in a March 1980 guidance document, 

entitled ‘‘Guidance for the Control of Volatile 

Organic Compounds Emitted by Ten Selected 

Source Categories,’’ the EPA advised that the ‘‘states 

are not required, at this time, to develop regulations 

for the vegetable oil manufacturing industry.’’ The 

EPA guidance has not been revised since the March 

1980 guidance. At this time, the EPA considers the 

vegetable oil CTG as only guidance for states when 

they need to develop attainment plans in 

nonattainment areas. 

considerations. The following discusses 

the results of New York’s analysis of 

RACT for the basic framework identified 

above. 

CTGs and ACTs 

New York reviewed its existing RACT 

regulations adopted under the 1979 1- 

hour and 1997 8-hour ozone standard to 

identify source categories covered by 

the EPA’s CTG and ACT documents. 

New York’s RACT SIP submittal lists 

the CTG and ACT documents and 

corresponding State RACT regulations 

that cover the CTG and ACT sources 

included in New York’s emissions 

inventory. For non-CTG major sources, 

6 NYCRR Part 212, ‘‘General Process 

Emission Sources,’’ regulates RACT 

compliance for VOC and NOX. Major 

sources of NOX are regulated by 6 

NYCRR Part 227–2, ‘‘Reasonably 

Available Control Technology (RACT) 

for Major Facilities of Oxides of 

Nitrogen (NOX).’’ In its December 2014 

SIP submittal, New York certifies that 

major non-CTG sources are covered by 

the Part 212 RACT regulation. 

With the exception of VOC emissions 

from industrial cleaning solvents, New 

York has implemented RACT controls 

state-wide for all CTGs that the EPA has 

issued as of December 2014. The 

following table lists the RACT controls 

that have been promulgated in 6 NYCRR 

and the corresponding EPA SIP 

approval dates. 

NY regulation Title EPA approval date 

Part 205 .............................. Architectural and Industrial Maintenance Coatings ........................................................... 12/13/04, 69 FR 72118 

Part 211 .............................. General Prohibitions .......................................................................................................... 7/12/13, 78 FR 41846 

Part 212 .............................. General Process Emission Sources .................................................................................. 7/12/13, 78 FR 41486 

Part 214 .............................. Byproduct Coke Oven Batteries ........................................................................................ 7/20/06, 71 FR 41163 

Part 216 .............................. Iron and/or Steel Processes .............................................................................................. 7/20/06, 71 FR 41163 

Part 220 .............................. Portland Cement and Glass Plants ................................................................................... 7/12/13, 78 FR 41486 

Part 223 .............................. Petroleum Refineries ......................................................................................................... 7/19/85, 50 FR 29382 

Part 224 .............................. Sulfuric and Nitric Acid Plants ........................................................................................... 7/19/85, 50 FR 29382 

Part 226 .............................. Solvent Metal Cleaning Processes ................................................................................... 1/23/04, 69 FR 3237 

Part 227–2 .......................... RACT for Oxides of Nitrogen (NOX) ................................................................................. 7/12/13, 78 FR 41486 

Part 228 .............................. Surface Coating Processes ............................................................................................... 3/04/14, 79 FR 12084 

Part 229 .............................. Petroleum and Volatile Organic Liquid Storage and Transfer .......................................... 12/23/97, 62 FR 67006 

Part 230 .............................. Gasoline Dispensing Sites and Transport Vehicles .......................................................... 4/30/98, 63 FR 23668 

Part 232 .............................. Dry Cleaning ...................................................................................................................... 6/17/85, 50 FR 25079 

Part 233 .............................. Pharmaceutical and Cosmetic Processes ......................................................................... 12/23/97, 62 FR 67006 

Part 234 .............................. Graphic Arts ....................................................................................................................... 3/08/12, 77 FR 13974 

Part 236 .............................. Synthetic Organic Chemical Manufacturing Facility Component Leaks ........................... 7/27/93, 58 FR 40059 

New York’s December 2014 RACT 

submittal contains a table (see 

Appendix A: Control Technique 

Guidelines and Alternative Control 

Techniques Documents) listing all the 

CTG categories and the corresponding 

State regulations or negative 

declarations that address the 

requirements. The EPA had previously 

approved and incorporated into the SIP 

all of the State’s regulations identified 

in Appendix A that address CTGs. 

For many source categories, the 

existing New York rules have more 

stringent emission limits and/or lower 

thresholds of applicability than the 

recommendations contained in the CTG 

and ACT documents. In its submittal, 

New York identified some categories 

where controls may be more stringent 

than the recommended levels contained 

in the CTG and ACT documents and 

these are identified below in the section 

entitled ‘‘Additional Control Measures 

Needed for Attainment.’’ New York 

considers and certifies that its SIP 

approved regulations meet the RACT 

requirements for the 2008 8-hour ozone 

standard. 

Source Categories Not Applicable in 

New York State 

New York previously certified to the 

satisfaction of the EPA (40 CFR 

52.1683(a)) that no sources are located 

in the nonattainment area of the State 

which are covered by the following 

CTGs: (1) Natural Gas/Gasoline 

Processing Plants; (2) Air Oxidation 

Processes at Synthetic Organic Chemical 

Manufacturing Industries; and (3) 

Manufacture of High-Density 

Polyethylene, Polypropylene, and 

Polystyrene Resins. In addition, New 

York previously certified to the 

satisfaction of the EPA (40 CFR 

52.1683(b)) that no sources are located 

in the State which are covered by the 

CTG for Fiberglass Boat Manufacturing 

Materials. New York has reviewed its 

emission inventory and emission 

statements as required under 6 NYCRR 

202–2, ‘‘Emission Statement,’’ for 

stationary sources and affirms that there 

are no sources within New York State 

for the following CTGs: (1) Manufacture 

of Vegetable Oils,5 and (2) Application 

of Agricultural Pesticides. 

In New York’s September 2006 RACT 

submittal for the 1997 8-hour ozone 

standard, the State indicated that there 

were no sources in the State that are 

applicable to the CTG related to 

industrial cleaning solvents; the State, 

however, has since determined that 

there are sources in the State that are 

applicable to this CTG. In New York’s 

December 2014 RACT submittal, the 

State commits to revise and adopt in a 

timely manner 6 NYCRR Part 226, 

‘‘Solvent Metal Cleaning Processes,’’ to 

fulfill the requirements of the CTG for 

industrial cleaning solvents. New York 

must commit to adopt and submit 6 

NYCRR Part 226 to EPA by a date 

certain but no later than one year from 

the effective date of the EPA’s final rule 

making action on New York’s December 

2014 SIP submittal. 

Source-Specific RACT Determinations 

The 8-hour ozone RACT analysis 

must address source-specific RACT as it 

applies to a single regulated entity. A 

source-specific RACT determination 

applies to sources that have obtained a 

facility-specific emission limit or an 

alternative emission limit, i.e., a 

variance. A case-by-case RACT analysis 

is required for sources that are not 

defined by a specific source category 

covered by an existing state regulation, 

that are requesting a variance, or that are 


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6As measured on a dry volume basis and 

corrected to 15% oxygen. 

7 42 ppm is equivalent to 1.6 lb/megawatt-hour 

which is the limit at Table 7 of New Jersey’s NOX

RACT regulation, Subchapter 19. Subchapter 19 at 

Table 7 notes that the limit is applicable to high 

electric demand day (HEDD) units or a stationary 

combustion turbine that is capable of generating 15 

MW or more and that commenced operation on or 

after May 1, 2005. In accordance with Subchapter 

19 definitions, units that commence operation on or 

after May 1, 2005 are neither HEDD nor non-HEDD 

units. 

not addressed by a CTG. New York’s 

RACT guidance entitled, ‘‘DAR–20 

Economic and Technical Analysis for 

Reasonably Available Control 

Technology (RACT)’’ outlines the 

process and conditions for granting 

source-specific RACT determinations. 

Under the CAA, these individual 

source-specific RACT determinations 

need to be submitted by the State as a 

SIP revision for the EPA’s approval. 

Therefore, New York included in 

Appendix B of its December 2014 RACT 

SIP submittal a listing of VOC and NOX

source facilities that are subject to a 

RACT source-specific SIP revision 

under the 8-hour ozone SIP and 

corresponding emission limits, 

technology and the applicable 

regulation governing the RACT 

determinations. Consistent with the 

CAA, in September 2008, August 2010, 

and December 2013, New York 

submitted to the EPA SIP revisions that 

included most of the source-specific 

RACT revisions identified in Appendix 

B of the RACT SIP submittals. The EPA 

is performing its technical review of 

those submittals and will take separate 

rulemaking actions for each of the 

source-specific determinations. 

In addition, in accordance with New 

York’s NOX RACT regulation, Part 227– 

2, owners of combined cycle 

combustion turbines are required to 

perform case-by-case RACT 

determinations that may result in more 

stringent emission limits. This RACT 

requirement was approved into the SIP 

on July 12, 2013 (78 FR 41846). 

Additional Control Measures Needed for 

Attainment 

In some instances, New York has 

adopted regulations with emission 

limits that are more stringent than those 

recommended by the CTGs and ACTs. 

For example, Part 228, ‘‘Surface Coating 

Processes, Commercial and Industrial 

Adhesives, Sealants and Primers,’’ Part 

234, ‘‘Graphic Arts,’’ Part 241, ‘‘Asphalt 

Pavement and Asphalt Based Surface 

Coatings,’’ and Part 227–2, ‘‘Reasonably 

Available Control Technology (RACT) 

for Major Facilities of Oxides of 

Nitrogen (NOX)’’ have each been 

adopted by the State with more 

stringent limits or applicability than 

what was recommended by the 

corresponding CTGs or ACTs. 

In New York’s December 22, 2014 

RACT SIP submittal, the State’s 

response to comments included an 

assessment that ‘‘once the NYMA is 

reclassified as ‘moderate’ nonattainment 

for the 2008 ozone NAAQS and an 

attainment SIP is required, DEC [New 

York] will undertake a review of its 

many NOX control options to determine 

which would most efficiently and 

effectively reduce emission in the 

NYMA.’’ In this regard, the EPA 

recommends that New York quantify 

potential reductions for the following 

NOX control options. New York has the 

opportunity to accomplish this when 

the State submits its RACT SIP for the 

NYMA which was recently reclassified 

to moderate. On July 19, 2017, New 

York, as part of its state rulemaking 

process, proposed its RACT SIP for the 

reclassified moderate NYMA. 

Municipal Waste Combustors 

During the public comment period on 

New York’s 2008 ozone RACT proposal 

a comment was submitted to the State 

proposing that Municipal Waste 

Combustors (MWCs) in the NYMA 

should be controlled to at least the 

RACT level. In New York’s response, 

the State indicated that once the NYMA 

is classified as moderate the State would 

undertake a review of its many control 

options to determine which would most 

effectively and efficiently reduce 

emissions in the NYMA. As stated 

previously, the NYMA was reclassified 

as a moderate nonattainment area 

effective June 2016. In its response to 

comment, New York estimated that 

potential NOX reductions of 1.50 and 

1.75 tons per day could be obtained 

from MWCs located in the NYMA. New 

York’s neighboring states of New Jersey 

and Connecticut have adopted RACT 

emission limits for MWCs that are more 

stringent than New York’s current 

permitted limits. New York regulates 

MWCs under Part 219 (Incinerators) and 

Part 200 (General Provisions). While 

New York’s regulations are consistent 

with sections 111(d) and 129 of the CAA 

for solid waste incinerators, New York 

should consider more stringent limits 

for purposes of attaining the 2008 ozone 

NAAQS. CAA section 129 emission 

requirements are based on maximum 

achievable control technology (MACT) 

that is at least comparable or better than 

RACT requirements. The EPA considers 

this beyond RACT for purposes of 

today’s rulemaking. Therefore, New 

York should consider more stringent 

RACT level NOX emission limits for 

MWCs located in the NYMA to help 

attain the 2008 ozone NAAQS. 

Simple Cycle Combustion Turbines 

(Firing Distillate Oil or More Than One 

Fuel) 

New York’s NOX RACT regulation at 

Part 227–2 has set NOX emission limits 

of 100 parts per million (ppmvd) 6 for 

simple cycle combustion turbines firing 

distillate oil or more than one fuel. New 

York’s neighboring state of Connecticut 

has adopted more stringent NOX

emission limits of 40–75 ppm for June 

2018 and 40–50 ppm for June 2023 for 

this source category. New Jersey has 

also adopted more stringent NOX

emission limits of 42 ppm.7 Therefore, 

New York should consider more 

stringent RACT level NOX emission 

limits for simple cycle turbines located 

throughout the State for purposes of 

helping to attain the 2008 ozone 

NAAQS. 

NYCRR Part 222 for Distributed 

Generation (DG) 

New York has adopted 6 NYCRR Part 

222 for DG to address peaking electric 

generation units which will help 

address emissions resulting from high 

electric demand days (HEDD). 

Assuming Part 222 remains in effect 

after current litigation concerning it is 

resolved, New York should submit Part 

222 as a SIP revision for EPA approval. 

Alternatively, New York should 

consider other regulations for 

addressing HEDD. In addition, as stated 

previously, the EPA also recommends 

that New York review the simple cycle 

combustion turbine limit of 100 ppmvd 

and consider adopting a more stringent 

limit similar to that adopted by 

Connecticut. 

Oil and Natural Gas CTG 

On October 27, 2016, the EPA 

announced in the Federal Register (81 

FR 74798) the availability of the oil and 

natural gas CTG. This CTG provides 

information for states to determine 

RACT for VOC emissions from certain 

oil and natural gas industry sources. 

The EPA recommends that New York 

review this CTG for possible statewide 

VOC reductions. Effected states are 

required to submit a SIP revision by 

October 20, 2018. 

Statewide Nonattainment New Source 

Review (NNSR) 

New York provides NNSR 

certification in the State’s April 4, 2013 

infrastructure SIP submittal for the 2008 

ozone NAAQS. New York provides 

additional affirmation in its December 

2014 RACT submittal that, since the 

State is located in the OTR, NNSR 


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Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 43213 

applies statewide for emissions of VOC 

and NOX for new major facilities or 

modifications to existing major or minor 

sources. New major facilities or 

modification to existing major or minor 

facilities in New York State are subject 

to the provisions of 6 NYCRR Part 231, 

‘‘New Source Review for New and 

Modified Facilities.’’ NNSR requires the 

application of Lowest Achievable 

Emission Rate (LAER) which is more 

stringent than RACT. Furthermore, New 

York certifies in its December 2014 

submittal that the State also relies upon 

federal rules such as the National 

Emission Standards for Hazardous Air 

Pollutants (NESHAPs) regulated under 

CAA section 112. NESHAPs establish 

MACT which may be more stringent 

than RACT to control hazardous air 

pollutants. Therefore, the EPA is 

proposing to approve New York’s 

certification that nonattainment NNSR 

applies statewide for NOX and VOC 

emissions from stationary sources. 

IV. What is the EPA’s evaluation of 

New York’s SIP submittal? 

New York submitted a state-wide 

RACT assessment on December 22, 

2014. The RACT submission from New 

York consists of: (1) A certification that 

previously adopted RACT controls in 

New York’s SIP for various source 

categories that were approved by the 

EPA under the 1-hour and the 1997 8- 

hour ozone standards are based on the 

currently available technically and 

economically feasible controls and that 

they continue to represent RACT for the 

2008 8-hour ozone standard for 

implementation purposes; (2) a number 

of source-specific RACT determinations 

submitted to the EPA for approval; (3) 

a negative declaration that for certain 

CTGs and/or ACTs there are no sources 

within New York State or that there are 

no sources within New York above the 

applicability threshold; and (4) a 

commitment to revise and adopt, and 

submit as a SIP revision a new or more 

stringent regulation Part 226, that 

represent a RACT control level for 

sources subject to the industrial 

cleaning solvents CTG. 

The EPA has reviewed New York’s 

RACT analysis and has determined that 

the state-wide RACT analysis submitted 

on December 22, 2014 does not fully 

address the RACT requirement 

consistent with section 182(b)(2) of the 

CAA because New York has not adopted 

the RACT measure, 6 NYCRR Part 226, 

related to sources subject to the 

industrial cleaning solvents CTG. 

Therefore, the EPA is proposing to 

conditionally approve New York’s statewide RACT SIP based on the State’s 

commitment to submit Part 226 by a 

date certain but no later than one year 

from the effective date of the EPA’s final 

rule making action on New York’s 

December 2014 SIP submittal. The EPA 

encourages New York to accelerate its 

rulemaking process and adopt the 

control measures for sources subject to 

the industrial cleaning solvents CTG. 

The EPA is proposing to approve the 

remainder of New York’s December 22, 

2014 SIP submittal as it applies to nonCTG major sources of VOCs and to 

major sources of NOX. 

Furthermore, the EPA encourages 

New York to strengthen its ozone SIP by 

adopting, and submitting as SIP 

revisions, additional control measures 

needed for attainment of the 8-hour 

ozone standard by: (1) Considering the 

adoption of more stringent emission 

limits for MWCs located in the NYMA; 

(2) considering the adoption of more 

stringent emission limits for simple 

cycle combustion turbines firing 

distillate oil or more than one fuel; (3) 

adopting and submitting a regulation 

that addresses the October 2016 oil and 

natural gas CTG; and (4) submitting a 

SIP revision that addresses HEDD 

sources. 

V. How could New York get full 

approval for this SIP revision? 

The EPA is proposing to conditionally 

approve New York’s state-wide RACT 

submittal dated December 22, 2014 for 

purposes of satisfying the 2008 8-hour 

ozone standard RACT requirement. New 

York must correct the deficiency 

discussed in section IV by revising, 

adopting and submitting to the EPA, a 

new or more stringent regulation, Part 

226, that represent a RACT control level 

for sources subject to the industrial 

cleaning solvents CTG. New York must 

commit to adopt and submit Part 226 to 

EPA as a SIP revision by a date certain 

but not later than one year from the 

EPA’s final action on this SIP action. 

The EPA’s conditional approval 

relates to New York’s state-wide RACT 

SIP revision as it applies to the relevant 

CAA CTG requirements for VOC major 

sources. The EPA is proposing to 

approve the remainder of New York’s 

December 22, 2014 SIP submittal as it 

applies to non-CTG major sources of 

VOCs and to major sources of NOX. 

The EPA is also proposing to approve 

New York’s NNSR certification as 

sufficient for purposes of the 2008 

ozone NAAQS. 

Under section 110(k) of the CAA, the 

EPA may conditionally approve a plan 

revision based on a commitment by the 

State to adopt specific enforceable 

measures by a date certain but not later 

than one year after the date of approval 

of the plan revision. If the EPA 

conditionally approves the commitment 

in a final rulemaking action, the State 

must meet its commitment to submit 

Part 226 that addresses the industrial 

cleaning solvents CTG. If New York fails 

to meet its commitment within the 

specified time period for any portion of 

the deficient SIP requirement discussed 

in section IV above, the conditional 

approval will, by operation of law, 

become a disapproval. The EPA will 

notify the State by letter that this action 

has occurred. At that time, this 

commitment will no longer be a part of 

the approved SIP for New York and an 

18 -month clock for sanctions under 

CAA section 179(a)(2) and a two-year 

clock for a federal implementation plan 

(FIP) under CAA section 110(c)(1) 

would commence. The EPA 

subsequently will publish a document 

in the Federal Register notifying the 

public that the conditional approval 

converted to a disapproval. If New York 

meets its commitment within the 

applicable time frame, the conditionally 

approved submission will remain as 

part of the SIP until the EPA takes final 

action approving or disapproving the 

SIP requirement in question. 

If the EPA disapproves a State’s new 

submittal, the conditionally approved 

RACT SIP for the 2008 ozone standard 

will also be disapproved at that time. If 

the EPA approves the submittal, the 

State’s RACT SIP for the 2008 ozone 

standard will be fully approved in its 

entirety and replace the conditionally 

approved RACT SIP for the 2008 ozone 

RACT standard in the SIP. 

The EPA is soliciting public 

comments on the issues discussed in 

this proposal. These comments will be 

considered before the EPA takes final 

action. Interested parties may 

participate in the federal rulemaking 

procedure by submitting written 

comments as discussed in the 

ADDRESSES section of this rulemaking. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
43214 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 

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 CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rulemaking 

action, pertaining to New York’s 2008 8- 

hour ozone RACT submission does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, 

intergovernmental relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: September 6, 2017. 

Catherine R. McCabe, 

Acting Regional Administrator, Region 2. 

[FR Doc. 2017–19453 Filed 9–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2016–0680; FRL–9966– 

54–Region 6] 

Arkansas: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: During a review of Arkansas’ 

regulations, the Environmental 

Protection Agency (EPA) identified a 

variety of State-initiated changes to 

Arkansas’ hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA), as amended. The 

EPA proposes to authorize the State for 

the program changes. In addition, the 

EPA proposes to codify in the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’, Arkansas’ authorized 

hazardous waste program. The EPA will 

incorporate by reference into the Code 

of Federal Regulations (CFR) those 

provisions of the State regulations that 

are authorized and that the EPA will 

enforce under RCRA. The purpose of 

this Federal Register document is to 

codify Arkansas’ base hazardous waste 

management program and its revisions 

to that program. 

DATES: Send written comments by 

October 16, 2017. 

ADDRESSES: Submit any comments 

identified by Docket ID No. EPA–R06– 

RCRA–2016–0680 by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Email: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

RCRA Permit Section (RPM), 

Multimedia Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, RCRA Permit Section 

(RPM), Multimedia Division, EPA 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–RCRA–2016– 

0680. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be Confidential Business 

Information (CBI) or otherwise protected 

through http://www.regulations.gov or 

email. The Federal http://

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 http://

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 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. You can view and copy the 

documents that form the basis for this 

authorization and codification and 

associated publicly available materials 

from 8:30 a.m. to 4:00 p.m. Monday 

through Friday at the following location: 

EPA Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number: (214) 665–8533. Interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, RCRA 

Permit Section (6MM–RP), Multimedia 

Division, EPA Region 6, 1445 Ross 

Avenue, Suite 1200, Dallas, Texas 

75202–2733, phone number: (214) 665– 

8533, mail address: patterson.alima@

epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

has already provided notices and 

opportunity for comments on the 

Agency’s decisions to codify the 

Arkansas program, and the EPA is not 

now reopening the decisions, nor 

requesting comments, on the Arkansas 

authorization program. In the ‘‘Rules 

and Regulations’’ section of this Federal 

Register, the EPA is authorizing the 

State-initiated changes to the Arkansas 


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