![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Approval and Promulgation of Implementation Plans; New York Emission Statement Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 20, 2007 (Volume 72, Number 139)]
[Proposed Rules]
[Page 39773-39776]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy07-25]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. EPA-R02-OAR-2007-0368, FRL-8442-3]
Approval and Promulgation of Implementation Plans; New York
Emission Statement Program
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State Implementation Plan (SIP) revision submitted by the
State of New York on July 7, 2006 for the purpose of enhancing an
existing Emission Statement Program for stationary sources in New York.
The SIP revision consists of amendments to Title 6 of the New York
Codes Rules and Regulations, Chapter III, Part 202, Subpart 202-2,
Emission Statements. The SIP revision was submitted by New York to
satisfy the ozone nonattainment provisions of the Clean Air Act. These
provisions require states in which all or part of any ozone
nonattainment area is located to submit a revision to its SIP which
requires owner/operators of stationary sources of volatile organic
compounds (VOC) and oxides of nitrogen (NOX) to provide the
State with a statement, at least annually, of the source's actual
emissions of VOC and NOX.
The Emission Statement SIP revision EPA proposes to approve
enhances the reporting requirements for VOC and NOX and
expands the reporting requirement, based on specified emission
thresholds, to include carbon monoxide (CO), sulfur dioxides
(SO2), particulate matter measuring 2.5 microns or less
(PM2.5), particulate matter measuring 10 microns or less
(PM10), ammonia (NH3), lead (Pb) and lead
compounds and hazardous air pollutants (HAPS). The intended effect is
to obtain improved emissions related data from facilities located in
New York, allowing New York to more effectively plan for and attain the
national ambient air quality standards (NAAQS). The Emission Statement
rule also improves EPA's and the public's access to facility-specific
emission related data.
DATES: Comments must be received on or before August 20, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2006-0368, by one of the following methods:
http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: Werner.Raymond@epa.gov
Fax: 212-637-3901
Mail: Raymond Werner, Chief, Air Programs Branch, Environmental
Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York,
New York 10007-1866.
Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2006-0368. EPA's policy is that all comments received will be included
in the public docket without change and may be made 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
CBI or otherwise protected through http://www.regulations.gov or e-mail.
The http://www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-mail
comment directly to EPA without going through http://www.regulations.gov
your e-mail 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, 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 EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, 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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3716, forde.raymond@epa.gov.
Copies of the State submittals are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866.
New York State Department of Environmental Conservation, Division
of Air Resources, 625 Broadway, 2nd Floor, Albany, New York 12233.
SUPPLEMENTARY INFORMATION: The following table of contents describes
the format for this section:
I. What Is the Nature of EPA's Action?
II. What Are the Emissions Reporting Required by the Clean Air Act
and How Does New York's Regulation Address Them?
III. What Was Included in New York's Submittal?
IV. What Is EPA's Conclusion?
V. Statutory and Executive Order Reviews
[[Page 39774]]
I. What Is the Nature of EPA's Action?
EPA is proposing to approve the State Implementation Plan (SIP)
revision submitted by the State of New York on July 7, 2006 for the
purpose of enhancing an existing Emission Statement program for
stationary sources in New York. The SIP revision consists of amendments
to Title 6 of the New York Codes Rules and Regulations (NYCRR), Chapter
III, Part 202, Subpart 202-2, Emission Statements (Emission Statement
rule).
The SIP revision was submitted by New York to satisfy the ozone
nonattainment provisions of the Clean Air Act. These provisions require
states in which all or part of any ozone non-attainment area is located
to submit a revision to its SIP which requires owner/operators of
stationary sources of volatile organic compounds (VOC) and oxides of
nitrogen (NOX) to provide the State with a statement, at
least annually, of the source's actual emissions of VOC and NOX.
II. What Are the Emissions Reporting Required by the Clean Air Act and
How Does New York's Regulation Address Them?
Emission Statements (Annual Reporting of VOC and NOX)
The air quality planning and SIP requirements for ozone
nonattainment and transport areas are established in Subparts 1 and 2
of Part D of Title I of the Clean Air Act, as amended in 1990 (the
Act). EPA has published a ``General Preamble'' and ``Appendices to the
General Preamble'' (see 57 FR 13498 (April 16, 1992), and 57 FR 18070
(April 28, 1992)) describing how EPA intends to review SIPs submitted
under Title I of the Act.
EPA has also issued a draft guidance document, entitled ``Guidance
on the Implementation of an Emission Statement Program'' (Emission
Statement Guidance), dated July 1992, which describes the minimum
requirements for approvable emission statement programs.
Section 182(a)(3)(B)(i) of the Act requires states in which all or
part of any ozone non-attainment area is located to submit SIP
revisions to EPA by November 15, 1992, which require owner/operators of
stationary sources of VOC and NOX to provide the state with
a statement, at least annually, of the source's actual emissions of VOC
and NOX. Sources were to submit the first emission
statements to their respective states by November 15, 1993. Pursuant to
the Emission Statement Guidance, if the source emits either VOC or
NOX at or above levels for which the State Emission
Statement rule requires reporting, the other pollutant (VOC or
NOX) from the same facility should be included in the
emission statement, even if the pollutant is emitted at levels below
the minimum reporting level.
Section 182(a)(3)(B)(ii) of the Act allows states to waive, with
EPA approval, the requirement for an emission statement for classes or
categories of sources located in nonattainment areas, which emit less
than 25 tons per year of actual plant-wide VOC and NOX,
provided the class or category is included in the base year and
periodic inventories and emissions are calculated using emission
factors established by EPA (such as those found in EPA publication AP-
42) or other methods acceptable to EPA.
EPA has determined that New York's Emission Statement rule, which
requires facilities to report information for the criteria pollutants
and the associated precursors listed above, satisfies the federal
emission statement reporting requirements for major sources.
Consolidated Emission Reporting Rule (Annual Reporting for All Criteria
Pollutants)
In order to consolidate reporting requirements by the states to
EPA, on June 10, 2002 (See 67 FR 39602), EPA published the final
Consolidated Emissions Reporting Rule (CERR). The purpose of the CERR
is to simplify the states' annual reporting, to EPA, of criteria
pollutants (VOC, NOX, SO2, PM10,
PM2.5, CO, Pb) for which National Ambient Air Quality
Standards (NAAQS) have been established, and annual reporting of
NH3, a precursor pollutant. The CERR also provides options
for data collection and exchange, and unified reporting dates for
various categories of criteria pollutant emission inventories. The CERR
requires states to report annually to EPA on emissions of
NOX, CO, VOC, Pb, SO2 and PM10, for
industrial point sources, based on specific emission thresholds. The
CERR emissions reports for calendar year 2001 were due on June 1, 2003,
and subsequent reports were due every year thereafter (i.e., calendar
year 2002 emission inventory due June 1, 2004, etc.). Reporting of
PM2.5 and NH3 from point sources was not required until June
2004, for emissions that occurred during calendar year 2002.
EPA has determined that New York's Emission Statement rule, which
requires facilities to report information for the criteria pollutants
and the associated precursors mentioned above, satisfies the federal
CERR requirements for major sources.
Hazardous Air Pollutants (Periodic Reporting of Hazardous Air Pollutants)
In addition to the emission inventory provisions related to the
criteria pollutants, EPA has requested that the states report on
hazardous air pollutants (HAPs) emissions from anthropogenic sources,
for the National Toxics Inventory (NTI). The NTI is a comprehensive
national inventory of HAP emissions from stationary and mobile sources
that is revised by EPA every three years.
The NTI contains emission estimates for point sources, non-point
sources and mobile sources. Point sources include major and non-point
source categories as defined in Section 112 of the Clean Air Act. Non-
point source categories include area source categories. Individual
emission estimates are developed for point sources, while aggregate
emission estimates at the county level are developed and recorded for
non-point stationary and mobile sources. The NTI also identifies
facilities and non-point source categories that are associated with
MACT categories.
Need for NTI Inventory
Title V of the Act requires the Administrator to perform an
oversight role with respect to state issued permits, including permits
issued to major sources of HAP emissions. In order to determine whether
that program is being appropriately and lawfully administered by the
states with respect to major HAP sources, a HAP emission inventory is
necessary. States are developing programs to regulate HAPs, and Title V
of the Act requires state Title V programs to include permits for all
HAP sources emitting major quantities of HAPs (10 tons of one HAP or 25
tons of multiple HAPs per year). Thus, EPA believes including HAPs in
the point source inventory is appropriate and necessary.
Section 112(n)(1)(A) of the Act requires EPA to report to Congress
on the hazards to public health reasonably anticipated to occur as a
result of emissions from electric utility steam generating units.
Section 112(n)(1)(B) requires EPA to provide a report to Congress that
considers the rate and mass of HAP emissions and the health and
environmental effects of these emissions. Section 112(c)(6) requires a
list of categories and subcategories of HAP sources subject to
standards that account for not less than 90 percent of the aggregate
emission of each pollutant. Although these new requirements do not
include specific provisions requiring the compilation of HAP
[[Page 39775]]
emissions inventories, they do introduce the need for such inventories
in order to carry out the mandate of the statute.
In addition, Section 112(k)(3) of the Act mandates that EPA develop
a strategy to control emissions of HAPs from area sources in urban
areas, and that the strategy achieves a reduction in the incidence of
cancer attributable to exposure to HAPs emitted by stationary sources
of not less than 75 percent, considering control of emissions from all
stationary sources, as well as achieves a substantial reduction in
public health risks posed by HAPs from area sources. These mandated
risk reductions are to be achieved by taking into account all emission
control measures implemented by the Administrator or by the states
under this or any other laws. A reliable HAP emission inventory
covering all stationary sources of HAPs, including point and area
sources, is important in implementing the mandated strategy and
demonstrating that the strategy achieves the mandated risk reductions.
It would be virtually impossible for EPA to identify and estimate HAP-
specific emission reductions from all the Federal and state rules that
might result in HAP emission reductions. Therefore, EPA has determined
that development of the strategy and assessment of progress in
achieving the strategic goals requires the development and periodic
update of a HAP emission inventory. As presented in the July 19, 1999
Federal Register notice on the National Air Toxics Program: The
Integrated Urban Strategy (64 FR 38706), a designed approach has been
developed that depends upon a reliable and periodically updated HAP
emission inventory as a critical element in the assessments that
support the development and evaluation of our urban strategy.
EPA has determined that New York's Emission Statement rule, which
requires facilities to report information for the HAPs, assists the
State in satisfying the HAPs reporting requirements for major sources.
III. What Was Included in New York's Submittal?
New York's Submittal
On July 7, 2006, New York submitted a SIP revision for ozone which
included an adopted Emission Statement rule. The regulation amends
Title 6 of the NYCRR, Subpart 202-2, Emission Statements, which was
originally adopted on July 13, 2004. On April 12, 2005, the New York
State Department of Environmental Conservation (NYSDEC) adopted these
amendments, which became effective on May 29, 2005.
EPA's Findings
EPA has determined that an approvable Emission Statement program
must have several components. Specifically, a state must submit its
program as a revision to its SIP, and the state's emission statement
program must meet the minimum requirements for reporting as outlined in
EPA's Emission Statement Guidance. The program must include, at a
minimum, provisions specifying source applicability, definitions,
compliance, and specific source reporting requirements.
EPA's technical review of New York's Emission Statement program is
contained in a technical support document (emission statement
enforceability checklist) available in the docket at
http://www.regulations.gov or by contacting the person identified earlier in
this notice.
Applicability
In ozone nonattainment areas within the State, facilities which
emit or have the potential to emit VOC and/or NOX in amounts
of 25 tons per year or more must submit, to the State, an annual
emission statement. In attainment areas located within the State, which
is part of the ozone transport region (OTR) established by operation of
law under Section 184 of the Act, New York's Emission Statement rule
requires facilities actually emitting or having the potential to emit
50 tons per year or more of VOC or 100 tons per year or more of
NOX to submit, to the State, an annual emission statement.
For Title V affected facilities located in ozone nonattainment
areas within the State, which emit or have the potential to emit VOC
and/or NOX in amounts of 25 tons per year or more, the
Emission Statement rule includes provisions that require such
facilities to submit annual emission statements for VOC,
NOX, CO, SO2, Pb or lead compounds,
PM10, PM2.5, NH3 and HAPs.
For Title V affected facilities located in OTR attainment areas
within the State, which emit or have the potential to emit 50 tons per
year or more of VOC or 100 tons per year or more of NOX, the
Emission Statement rule includes provisions that require such
facilities to submit annual emission statements for VOC,
NOX, CO, SO2, Pb or lead compounds,
PM10, PM2.5, NH3, and HAPs.
New York's regulation includes provisions that require Title V
facilities within the State, which emit or have the potential to emit
100 tons per year or more of any criteria pollutant, to submit annual
emission statements for VOC, NOX, CO, SO2, Pb or
lead compounds, PM10, PM2.5, NH3, and HAPs.
New York's regulation includes provisions that require Title V
facilities which emit or have the potential to emit 10 tons per year or
more of an individual HAP or 25 tons per year or more of multiple HAPs,
to submit annual emission statements for VOC, NOX, CO,
SO2, Pb or lead compounds, PM10,
PM2.5, NH3, and HAPs.
EPA has determined that New York's Emission Statement rule contains
applicability provisions that are consistent with the minimum
requirements for state emission statement SIPs. In addition, the
Emission Statement rule assists the State in satisfying the annual
reporting requirements for the federal CERR, and in developing a HAPs
emission inventory for use in National Air Toxics Assessment.
Definitions
The key definitions that New York included in its Emission
Statement regulation are consistent with the EPA guidance.
Compliance
Under Section 110 of the Act, all SIP requirements must be
enforceable by the State and EPA. Article 71 of the New York
Environmental Conservation Law provides the State with the authority
to, among other things, issue compliance orders with appropriate
penalties and injunctive relief for sources failing to comply with the
Emission Statement rule. EPA has determined that New York has an
adequate program in place to ensure that the Emission Statement rule is
enforceable.
Reporting Requirements
In accordance with CAA Section 182(a)(3)(B) and the Emission
Statement Guidance, the Emission Statement rule requires facilities to
supply the necessary source-specific data elements in annual emission
statements. The survey forms that New York provides to facilities for
use in reporting emission data are not EPA forms, but still require the
necessary data.
Confidential Business Information
On December 29, 2006, EPA sent a letter to NYSDEC, regarding New
York's Emission Statement rule, requesting clarification on the rule's
confidential business information (CBI) provision, as it relates to air
pollutant emissions data collected under the emission statement
program. The letter requested that NYSDEC clarify one issue related to
the rule; the trade secret provision found in
[[Page 39776]]
Title 6 of the NYCRR, Chapter III, Part 202, Subpart 202-2.4(i).
Specifically, EPA requested that NYSDEC supplement the July 7, 2006 SIP
submittal with a letter that confirms the trade secret provision will
not restrict: (1) The public's access to facility-related ``emission
data'' that is contained in emission statements, (2) EPA's access to
all information contained in emission statements submitted to New York,
including any emissions related information claimed and/or designated
as trade secret or as confidential business information, and (3) that
confirms NYSDEC interprets 6 NYCRR Subpart 202-2.4(i), coupled with 6
NYCRR Subpart 200.2, Safeguarding Information, to require the
submission to EPA and release to the public of all information that is
considered to be emissions data, consistent with the applicable state
and federal laws on public disclosure, including the Clean Air Act and
its implementing regulations.
On April 11, 2007, NYSDEC sent a letter to EPA in response. EPA has
reviewed the letter and has determined that NYSDEC has adequately
addressed EPA's concerns.
IV. What Is EPA's Conclusion?
EPA has concluded that the New York Emission Statement rule
contains the necessary applicability, compliance, enforcement and
reporting requirements for an approvable emission statement program.
EPA is proposing to approve 6 NYCRR, Chapter III, Part 202, Subpart
202-2, Emission Statements, as part of New York's SIP.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (59 FR 22951, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 8, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E7-14061 Filed 7-19-07; 8:45 am]
BILLING CODE 6560-50-P