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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
that it has consulted with stakeholdersincluding environmental justice organizations, environmental groups, impacted source owners, the NYISO, the Department of Public Service, and the New York State Energy Research and Development Authority during the development of the regulation. NYSDEC stated that it chose the 2025 timeframe to take into account considerations of improving air quality and maintaining electric system reliability. NYSDEC has also factored in the time demands for permitting and implementing other requirements, such as stack testing, and believes that the compliance schedule in the regulation is appropriate. After review, the EPA
concurs with NYSDECs assessment because the compliance schedule will provide adequate timing for owners or operators of impacted SCCTs to retrofit control technology, determine compliance options, and replace or retire older units in order to comply with the more stringent emission limits.
The EPA also agrees with NYSDEC that the chosen timeframe provides owners and operators of SCCTs designated as a reliability source, which represents a significant amount of the impacted SCCTs, an appropriate timeframe to comply with the control requirements of Subpart 2273.
Further, the EPA finds the 2025
timeframe is appropriate because it builds upon existing protections in other New York regulations applicable to SCCTs. For example, on July 12, 2013, the EPA published a final approval that revised New Yorks SIP
for ozone concerning the control of NOx. See 78 FR 41846. The SIP revision consisted of amendments to Title 6 of the NYCRR, Subpart 2272, Reasonably Available Control Technology RACT For Major Facilities of Oxides of Nitrogen NOx. The purpose of that SIP revision was to impose more stringent emission limits on major stationary sources of NOx that contribute to regional and local nonattainment of the 1997 and 2008
ozone standards. Included within this EPA-approved regulation are emission limits and system averaging for SCCTs that apply year-round. Units applicable to Subpart 2273 already comply with federally approved presumptive RACT
emission limits. And SCCTs that are subject to Subpart 2273 must also comply with the provisions set in Subpart 2272 outside the ozone season.2 When the EPA published the 2 Under
6 NYCRR Subpart 2272, applicable owners or operators of gas-fired SCCTs must comply with a RACT NOx emission limit of 50
ppmvd outside the ozone season. While owners or
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final approval of New Yorks Subpart 2272, the EPA agreed that the emission limits detailed for SCCTs were deemed as RACT NOx limits. See 78 FR 41846, July 12, 2013. The purpose of Subpart 2273 is to incorporate additional emission requirements beyond RACT
NOx limits for SCCTs during the ozone season only. The phased-in approach outlined within Subpart 2273 does not create undue delay in emission reductions because applicable SCCTs comply with the EPA-approved NOx RACT limits detailed in Subpart 2272
year-round. The emission limits and compliance schedule outlined in Subpart 2273 will result in further NOx reductions throughout the NYMA
as expeditiously as practicable. The EPA
believes, therefore, that the additional emission requirements listed within Subpart 2273 will strengthen New Yorks ozone SIP and help the state attain the 2008 and 2015 national ambient air quality standards for ozone.
III. What action is the EPA taking?
The EPA is approving New Yorks SIP
revision submittal dated May 18, 2020, for purposes of incorporating 6 NYCRR
Subpart 2273, Ozone Season Oxides of Nitrogen NOx Emission Limits for Simple Cycle and Regenerative Combustion Turbines, with a state effective date of January 16, 2020. After evaluating Subpart 2273 for consistency with the CAA, EPA
regulations, and EPA policy, the EPA
finds that the submission strengthens New Yorks ozone SIP and, as an added benefit, will help New York State attain and maintain the national ambient air quality standards for ozone.
The EPA is also approving the removal of New Yorks previous 6
NYCRR Subpart 2273, Pre-2003
Nitrogen Oxides Emissions Budget and Allowance Program, from New Yorks SIP. In addition to finding that New Yorks 2273 Trading Program Regulation is no longer in effect and that New York repealed it from the New York Code of Rules and Regulations, the EPA has determined, as discussed in the proposed rulemaking see 86 FR 11688, that New Yorks 2273 Trading Program Regulation has been superseded by other state and federal regulations that required additional NOx ozone season emission reductions. As the EPA
determined regarding New Yorks CAIR
trading program rule see 86 FR 11688, the EPA does not believe that the removal of New Yorks 2273 Trading operators of oil-fired SCCTs must comply with a RACT NOx limit of 100 ppmvd outside the ozone season. The NOx emission limits are on a part per million dry volume basis ppmvd, corrected to 15% oxygen.

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Program Regulation from New Yorks SIP will interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the NAAQS.
And as discussed in the proposed rulemaking, New Yorks 2273 Trading Program Regulation predates more stringent rules and tighter NOx ozone season budgets under the NOx SIP call, CAIR, and CSAPR trading programs, as well as New York NOx RACT rules; it is not applicable to the current federal or state regulatory framework. New York also does not rely on emission reductions from New Yorks 2273
Trading Program Regulation in any of its nonattainment planning elements required under CAA sections 110, 172, or 182 and the EPA no longer operates the NOx Budget Trading Program allowing for the allocation and trading of allowances.
Moreover, the removal of New Yorks 2273 Trading Program Regulation from New Yorks SIP will have no consequences for the attainment and maintenance of the NAAQS in any area, now or in the future. Consistent with CAA section 110l, the EPA has determined that the removal of New Yorks 2273 Trading Program Regulation will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the NAAQS.
Accordingly, the EPA finds that it is appropriate to approve the removal of New Yorks 2273 Trading Program Regulation from the New York SIP.
The EPA is approving New Yorks May 18, 2020 SIP submittal as it applies to major sources of NOx, as a SIPstrengthening measure for New Yorks ozone SIP.
IV. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of 6 NYCRR Part 2273, Ozone Season Oxides of Nitrogen NOx Emission Limits for Simple Cycle and Regenerative Combustion Turbines, the regulation described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA
Region 2 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
Therefore, these materials have been approved by EPA for inclusion in New
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