[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Proposed Rules]
[Pages 29723-29726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13722]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0414; FRL-9979-91--Region 2]
Approval of Air Quality Implementation Plans; New York; Subpart
225-1, Fuel Composition and Use--Sulfur Limitations
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency is proposing to approve a
revision to the New York State Implementation Plan concerning sulfur-
in-fuel limits. The intended effect of this revision is to add a
regulatory mechanism for meeting the existing obligations related to
regional haze. The SIP revision consists of amendments to Title 6 of
the New York Codes, Rules and Regulations Subpart 225-1, ``Fuel
Composition and Use--Sulfur Limitations'' and Section 200.1,
``Definitions'' and, also removes an obsolete provision from the Code
of Federal Regulations related to facility specific sulfur-in-fuel
limits.
DATES: Comments must be received on or before July 26, 2018.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2016-0414, 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be edited or withdrawn.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 i.e., 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: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3381, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. EPA's Evaluation of New York's Submittal
III. Updating 40 CFR 52.1675 Control Strategy and Regulations:
Sulfur Oxides
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The Environmental Protection Agency (EPA) proposes to approve New
York's State Implementation Plan (SIP) submittal consisting of
revisions to Title 6 of the New York Codes, Rules and Regulations (6
NYCRR) Section 200.1, ``Definitions,'' which adds a definition for
waste oil. EPA proposes to approve, with limitations, Subpart 225-1,
``Fuel Composition and Use--Sulfur Limitations,'' as contributing to
attainment of the National Ambient Air Quality Standards (NAAQS) for
particulate matter less than or equal to 2.5 microns in diameter (PM
2.5) and the NAAQS for sulfur dioxide (SO2), and
establishing a revised regulatory mechanism for New York's regional
haze SIP. The EPA's proposed approval of New York's sulfur-in-fuel
regulation into the SIP does not alter the EPA's prior action on New
York's Regional Haze SIP, which includes emission reductions related to
the sulfur-in-fuel requirements of section 19-0325 of the Environmental
Conservation Law (ECL). 77 FR 51915 (Aug. 28, 2012). The EPA is
proposing to approve these revisions, requested by New York, as
strengthening the effectiveness of New York's SIP.
Pursuant to 40 CFR part 51, the EPA also is proposing to remove a
section from 40 CFR 52.1675 which lists sulfur limitations for various
facilities in New York. EPA has determined that these limitations have
expired and/or refer to sources which have been shut down. That
determination was reflected in EPA's reformatting exercise that ensured
that all revisions to the New York State SIPs are accurately reflected
in 40 CFR part 52, including 40 CFR 52.1670(d), ``EPA approved State
source-specific requirements.'' 76 FR 41705 (July 15, 2011). In
addition, the sulfur-in-fuel rule proposed for approval here requires
the use of lower sulfur fuel, with lower sulfur concentrations than the
limits listed in 40 CFR 52.1675. The EPA is therefore removing the
existing sulfur limitations in 40 CFR 52.1675 as they are superfluous
and obsolete.
[[Page 29724]]
II. EPA's Evaluation of New York's Submittal
On June 12, 2013, New York State Department of Environmental
Conservation (NYSDEC) submitted to the EPA the proposed revisions to
Section 200.1 and Subpart 225-1 and supplemental materials, including
documentation of the comment period and public hearings, and NYSDEC's
responses to public comments. These materials are in the EPA's docket
for this proposal.
Revisions to Section 200.1
The EPA is proposing to approve Section 200.1, which includes New
York's new definition for ``waste oil'' at 6 NYCRR 200.1(cw). This
definition is relevant to Subpart 225-1 and is consistent with similar
definitions of waste oil recognized by EPA.
NYSDEC also revised 6 NYCRR 200.9, Table 1, updating the list of
federal regulations referenced in the amended Subpart 225-1. In a
separate rulemaking action, the EPA approved a SIP submittal from New
York, dated October 12, 2011 and revised on July 25, 2016, of Section
200.9, Table 1. 81 FR 95049 (Dec. 27, 2016). That approval included the
revisions to Section 200.9, Table 1, referenced in NYSDEC's June 12,
2013 submittal. We therefore have already acted on the revision to
Section 200.9, Table 1, which references the amended Subpart 225-1, and
we are not taking action here.
Subpart 225-1
New York relied on ECL section 19-0325, limiting sulfur
concentrations in fuel oil, in its Regional Haze SIP and the EPA
approved it as part of New York's emissions reduction plan to make
reasonable progress toward reducing widespread visibility impairment.
77 FR 51915. By submitting this revision to Subpart 225-1 to the EPA
for SIP approval, New York is adding a regulatory mechanism for
implementing the reduced sulfur-in-fuel limits in ECL-19-0325 and the
Regional Haze SIP. The EPA proposes to approve these revisions to
strengthen the New York's SIP.
Sulfur-in-Fuel Limitations
Section 225-1.2 provides the sulfur-in-fuel limitations and are
identified below.
Owners and/or operators of any stationary combustion installation
that fires solid fuels are limited to the firing of solid fuel with a
sulfur content listed in the table below on or after July 1, 2014:
------------------------------------------------------------------------
Solid fuel (pounds of
Area sulfur per million Btu gross
heat content)
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New York City............................. 0.2 MAX.
Nassau, Rockland and Westchester Counties. 0.2 MAX.
Suffolk County: Towns of Babylon, 0.6 MAX.
Brookhaven, Huntington, Islip, and Smith
Town.
Erie and Niagara Counties................. 1.7 MAX, 1.4 AVG.*
Remainder of State........................ 2.5 MAX, 1.9 AVG *, and 1.7
AVG (ANNUAL).**
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* Averages are computed for each emission source by dividing the total
sulfur content by the total gross heat content of all solid fuel
received during any consecutive three-month period.
** Annual averages are computed for each emission source by dividing the
total sulfur content by the total gross heat content of all solid fuel
received during any consecutive 12-month period.
Owners and/or operators of any stationary combustion installation
that fires residual oil are limited to the firing of residual oil with
a sulfur content listed in the table below on or after July 1, 2014:
------------------------------------------------------------------------
Residual oil (percent sulfur by
Area weight)
------------------------------------------------------------------------
New York City....................... 0.30
Nassau, Rockland and Westchester 0.37
Counties...........................
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Owners and/or operators of any stationary combustion installation
that fires residual oil are limited to the purchase of residual oil
with a sulfur content listed in the table below on or after July 1,
2014, and are limited to the firing of residual oil with a sulfur
content listed in the table below on or after July 1, 2016:
------------------------------------------------------------------------
Residual oil (percent sulfur by
Area weight)
------------------------------------------------------------------------
Suffolk County: Towns of Babylon, 0.50
Brookhaven, Huntington, Islip, and
Smith Town.........................
Erie and Niagara Counties........... 0.50
Remainder of State.................. 0.50
------------------------------------------------------------------------
Owners and/or operators of commercial, industrial, or residential
emission sources that fire number two heating oil on or after July 1,
2012 are limited to the purchase of number two heating oil with 0.0015
percent sulfur by weight or less.
Owners and/or operators of a stationary combustion installation
that fires distillate oil other than number two heating oil are limited
to the purchase of distillate oil with 0.0015 percent sulfur by weight
or less on or after July 1, 2014.
Owners and/or operators of any stationary combustion installation
that fires distillate oil including number two heating oil are limited
to the firing of distillate oil with 0.0015 percent sulfur by weight or
less on or after July 1, 2016.
Owners and/or operators of any stationary combustion installation
that fires waste oil on or after July 1, 2014 are limited to the firing
of waste oil with 0.75 percent sulfur by weight or less.
[[Page 29725]]
Exceptions and Variances Provided for in Subpart 225-1
6 NYCRR Sections 225-1.3 and 225-1.4 include provisions allowing
for exceptions or variances from the sulfur-in-fuel limits set forth in
ECL 19-0325 and Section 225-1.2.
Section 225-1.3 addresses exceptions to fuel limitations due to
fuel shortage. It provides that NYSDEC may issue an order granting a
temporary exception based on an insufficient supply of conforming fuel,
provided the decision is certified by the New York State Energy
Research and Development Authority. The exception cannot exceed 45
days, unless the department permits a public hearing, after which the
extension can be granted for up to one year. Section 225-1.3(e)
recognizes that, pursuant to New York State Energy Law 5-117, any
provisions of Section 225-1.3 may be preempted if the Governor declares
that a fuel-supply emergency exists or is impending.\1\
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\1\ Section 5-117 of the New York State Energy Law concerns
powers granted to the Commissioner of the New York State Energy
Research and Development Authority (NYSERDA) when the Governor finds
there is a fuel supply emergency; the powers are authorized to the
extent that they are not in conflict with federal law.
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Section 225-1.4 allows for fuel mixture or equivalent emission rate
variances. Fuels with sulfur content greater than that allowed by
Section 225-1.2 may be fired when the facility owner can demonstrate
that sulfur dioxide emissions do not exceed the value for S calculated
using the following equation:
S = (1.1AM + 2BT)/(M + T)
Where:
S = Allowable sulfur dioxide emission (in pounds per million Btu)
A = Sulfur in oil allowed by section 225-1.2 of this Subpart (in
percent by weight)
B = Average sulfur in solid fuel allowed by section 225-1.2 of this
Subpart (in pounds of sulfur per million Btu gross heat content)
M = Percent of total heat input from liquid fuel
T = Percent of total heat input from solid fuel (including coal,
coke, wood, wood waste, and refuse-derived fuel)
Fuel mixtures and equivalent emission rate variances only apply to
processes or stationary combustion installations. Compliance will be
based on the total heat input from all fuels fired, including gaseous
fuels. Any process or stationary combustion installation owner who
chooses to fire a fuel mixture is subject to the emission and fuel
monitoring requirements of Section 225-1.5.\2\
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\2\ Subpart 225-1.4 also allows variances for fuel fired to
demonstrate the performance of experimental equipment and/or
processes for reducing sulfur compounds from an emission source.
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In the initial approval of Part 225 into the SIP, the EPA indicated
that variances adopted by the State pursuant to sections 225.2(b) and
(c), 225.3, and 225.5(c) are federally enforceable only if approved by
the EPA as SIP revisions. 46 FR 55690, 55693 (Nov. 12, 1981). The
provisions of 225.2(b) and (c), 225.3, and 225.5(c), although now
renumbered in revised Subpart 225-1, are substantively unchanged.
Therefore, EPA's condition, that variances adopted pursuant to these
conditions are federally enforceable only if approved by the EPA as SIP
revisions, remains in effect. 81 FR 23167, 23171 (April 20, 2016); 40
CFR part 52.1670.
The EPA proposes to approve New York's Subpart 225-1 submittal,
provided that, consistent with prior approvals of Part 225, any
exception or variance must to be submitted to the EPA as a source-
specific SIP revision and is not federally enforceable until approved
by EPA.
III. Updating 40 CFR 52.1675 Control Strategy and Regulations: Sulfur
Oxides
40 CFR 52.1675 includes a list of special limitations of sulfur-in-
fuels, adopted in the 1980s, for a variety of sources. EPA has
determined that either these limits have expired or the sources have
shut down. 47 FR 7662 (2/22/82); letter from NYSDEC, dated March 25,
2011, confirming the shut-down of Lovett Generating Station (a copy is
in the docket for this action). EPA's determination was reflected in
the reformatting exercise that ensured that all revisions to the New
York State SIP are accurately reflected in 40 CFR part 52, including 40
CFR 52.1670(d), ``EPA approved State source-specific requirements.'' 76
FR 41705 (July 15, 2011). 40 CFR 52.1670(d) identifies all source-
specific requirements still effective in New York State. The EPA is
proposing to remove the provisions listed below from 40 CFR 52.1675 as
superfluous and obsolete.
List of special limitations from 40 CFR 52.1675(d), (f) and (g)
that the EPA proposes to remove:
(d) Section 225.3(e) of Subchapter A, Chapter III, Title 6 of
New York State's Official Compilation of Codes, Rules and
Regulations, is disapproved since it does not provide for the type
of permanent control necessary to assure attainment and maintenance
of national standards.
* * * * *
(f) The following applies to the Environmental Protection
Agency's approval as a SIP revision of the ``special limitation''
promulgated by the Commissioner of the New York State Department of
Environmental Conservation on November 20, 1979 permitting the
purchase and use by the Consolidated Edison Company of New York,
Inc. of fuel oil with a maximum sulfur content of 1.5 percent, by
weight, at units 2 and 3 of its Arthur Kill generating facility on
Staten Island, New York and unit 3 of its Ravenswood generating
station in Queens, New York:
(1) On or before the ``Date of Conversion'' indicated below,
each ``Facility'' indicated below shall combust only natural gas for
the duration of the special limitation.
(a) City College of New York, Amsterdam Ave. between W. 135th
St. and W. 138th St., Manhattan--
North Campus Academic Center: Converted North Campus Main Boiler
(Compton Hall): Two boilers shut-down; One boiler converted;
South Campus--Boiler Plant: Converted;
North Campus Science and Physical Education Building: October 1,
1980.
(b) Harlem Hospital, 135th St. and Lenox Ave., Manhattan: April
1, 1981;
(c) Columbia University, 116th St. and Broadway, Manhattan:
Converted;
(d) New York City Housing Auth., Senator Robert F. Wagner
Houses, 23-96 First Ave.: October 1, 1980;
(e) New York City Housing Auth., Frederick Douglass Houses, 880
Columbus Ave., Manhattan: October 1, 1980;
(f) New York City Housing Auth., Manhattanville Houses, 549 W.
126th St., Manhattan: October 1, 1980;
(g) New York City Housing Auth., St. Nicholas Houses, 215 W.
127th St.: October 1, 1980;
(h) New York City Housing Auth., General Grant Houses, 1320
Amsterdam Ave., Manhattan: October 1, 1980;
(i) New York City Housing Auth., Harlem River Houses, 211-0-1 W.
151st Street, Manhattan: October 1, 1980;
(j) New York City Housing Auth., Martin Luther King Towers, 90
Lenox Ave., Manhattan: October 1, 1980;
(k) New York City Housing Auth., Drew Hamilton Houses, 210 W.
142nd Street, Manhattan: October 1, 1980.
(2) If any of the facilities identified in paragraph (g)(1) of
this section, fail to meet the requirements of that paragraph, the
Consolidated Edison Company shall not burn fuel oil with a sulfur
content in excess of 0.30 percent, by weight. For this purpose,
Consolidated Edison shall maintain a reserve supply of fuel oil with
a maximum sulfur content of 0.30 percent, by weight, and shall have
a mechanism to switch promptly to the use of such fuel oil.
(3) EPA's approval of this revision to the New York SIP will
extend for a period of twelve months from [August 11, 1980] or such
longer period limited to twelve months from the date on which fuel
oil with a sulfur content exceeding 0.30 percent, by weight, is
first burned at any of the affected Consolidated Edison facilities.
However, once the use of high sulfur fuel oil has commenced, failure
to meet any of the conversion dates specified in paragraph (g)(1) of
this section shall not extend the period of EPA approval.
[[Page 29726]]
(4) On or before July 1, 1981 the Consolidated Edison Company of
New York, Inc. shall displace the use of approximately 7.1 million
gallons of residual oil, as projected on an annual basis, through a
gas conversion program to be implemented within a two-mile radius of
the Mabel Dean Bacon High School Annex monitor. Beginning on the
first day of the month in which fuel oil with a sulfur content
exceeding 0.30 percent, by weight, is first burned at any of the
affected Consolidated Edison facilities and continuing for twelve
months thereafter, the Consolidated Edison Company of New York, Inc.
shall submit a report to the EPA, on a monthly basis, which
includes, but is not limited to, the following information regarding
this program:
(i) The total gallonage of fuel oil capacity converted
(projected to an annual amount) as of that date,
(ii) The potential gallonage from sources at which conversion
work has begun, and
(iii) The projected gallonage from sources expected to be
converted by July 1, 1981.
(g) The Environmental Protection Agency has approved a New York
State Implementation Plan revision relating to the SO2
emission limit for units 4 and 5 of Orange and Rockland Utilities'
Lovett generating station. The revision which allows Lovett to burn
coal at units 4 and 5 was submitted by the New York State Department
of Environmental Conservation (NYSDEC) on September 18, 1990, with
additional materials submitted on April 12, 1991, and June 3, 1991.
This action sets the emission limit applicable to the facility to
1.0 pound per million British thermal units (MMBtu) for units 4 and
5 if both are operated on coal, or to 1.5 lb/MMBtu for one unit if
the other is operated on fuel oil, natural gas or is not operated at
all, as set forth in the Certificates to Operate issued by NYSDEC on
April 3, 1991. The SO2 emission limit, monitoring and
recordkeeping requirements pertaining to the SO2
emissions are incorporated by reference into the Certificates to
Operate.
The EPA also proposes to revise 40 CFR 52.1675(e) to conform with
the new nomenclature in New York's revised Subpart 225-1, and for it to
read as follows:
(e) Any exception or variance promulgated by the Commissioner
under 6 NYCRR Sections 225-1.3 and 1.4 shall not exempt any person
from the requirements otherwise imposed by 6 NYCRR Subpart 225-1;
provided that the Administrator may approve such exception or
variance as a plan revision when the provisions of this part,
section 110(a)(3)(A) of the Act, and 40 CFR Part 51 (relating to
approval of and revisions to State implementation plans) have been
satisfied with respect to such exception or variance.
The removed sections of 40 CFR 52.1675: (d), (f) and (g), will be
labeled as reserved.
IV. Proposed Action
The EPA proposes to approve the revisions to New York's Title 6 of
the New York Codes, Rules and Regulations Subpart 225-1, ``Fuel
Composition and Use--Sulfur Limitations'' and Section 200.1,
``Definitions,'' both effective on April 5, 2013, into New York's SIP
as strengthening enforcement of the State's air pollution control
regulations.
In addition, EPA has determined that the source-specific limits in
the New York's SIP at 40 CFR 52.1675(d), (f) and (g) have either
expired or the affected sources have shut down and that the 52.1675
requirements are therefore superfluous and obsolete. The EPA is
proposing to remove the source-specific limits from 52.1675(d), (f) and
(g). The EPA also proposes to revise 40 CFR 52.1675(e) to conform with
the new nomenclature in New York's revised Subpart 225-1.
V. Incorporation by Reference
In this rule, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, we are proposing to incorporate by
reference the provisions described above in Section IV. Proposed
Action.
EPA has made, and will continue to make, these documents generally
available electronically through http://www.regulations.gov and in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
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 Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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 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
preempt tribal law. Thus, Executive Order 13175 does not apply to this
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 8, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-13722 Filed 6-25-18; 8:45 am]
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