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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations available only in hard copy form.
Publicly available docket materials are available electronically through http
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Fausto Taveras, Environmental Protection Agency, 290 Broadway, New York, New York 100071866, at 212
6373378, or by email at Taveras.Fausto@epa.gov.
SUPPLEMENTARY INFORMATION:
The SUPPLEMENTARY INFORMATION
section is arranged as follows:
Table of Contents:
I. What is the background for this action?
II. What comments were received in response to the EPAs proposed action?
III. What action is the EPA taking?
IV. Incorporation by Reference V. Statutory and Executive Order Reviews
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I. What is the background for this action?
On February 26, 2021, the EPA
published a Notice of Proposed Rulemaking that proposed to approve a revision to the New York SIP submitted by the State of New York on May 18, 2020. See 86 FR 11688. The SIP revision includes a newly-adopted regulation, Title 6 of the New York Code of Rules and Regulations NYCRR, Subpart 227
3, Ozone Season Oxides of Nitrogen NOx Emission Limits for Simple Cycle and Regenerative Combustion Turbines Subpart 2273, meant to reduce NOx emissions from simple cycle and regenerative combustion turbines during the ozone season. New Yorks May 2020
SIP submittal applies to major sources of NOx as a SIP-strengthening measure for New Yorks ozone SIP.
The EPA is also approving the removal of New Yorks previous 6
NYCRR Subpart 2273, Pre-2003
Nitrogen Oxides Emissions Budget and Allowance Program New Yorks 227
3 Trading Program Regulation from New Yorks SIP.1 New Yorks 2273
1 In the February 26, 2021 Notice of Proposed Rulemaking NPRM, the EPA mistakenly wrote that it was also proposing to approve into the SIP the new version of 6 NYCRR Subpart 2273, Pre-2003
Nitrogen Oxides Emissions Budget and Allowance Program New Yorks 2273 Trading Program Regulation. Emphases added. The EPA, as stated above, intended to propose to remove this previous version of Subpart 2273 from New Yorks SIP. The EPAs intention to remove this version from New Yorks SIP was made clear by, for example, the section of the NPRM entitled Removal of New Yorks Nitrogen Oxides Emissions Budget and Allowance Program Ozone Control Periods 1999
2002 86 FR at 1169011691. The EPA received no comments on this issue. Because the agencys intention was made clear, it has determined the language in the NPRM provided adequate notice of EPAs intended proposal with respect to this provision. Thus, the EPA is finalizing the removal of New Yorks 2273 Trading Program Regulation from New Yorks SIP.

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Trading Program Regulation contained a NOx emissions budget and allowance trading system that is no longer in effect and that New York repealed from the New York Code of Rules and Regulations on September 5, 2014.
The specific details of New Yorks SIP
submittals and the rationale for the EPAs approval action are explained in the EPAs proposed rulemaking and are not restated in this final action. For this detailed information, the reader is referred to the EPAs February 26, 2021
proposed rulemaking. See 86 FR 11688.
II. What comments were received in response to the EPAs proposed action?
In response to EPAs February 26, 2021 proposed rulemaking on New Yorks SIP revision, the EPA received four comments during the 30-day public comment period. The specific comments may be viewed under Docket ID Number EPAR02OAR20200324
on the http www.regulations.gov website.
Comment 1: A Washington State citizen commenter supports the EPAs proposed approval of New Yorks SIP
revision since . . . high levels of nitrogen oxides are extremely detrimental . . . and the commenter believes that it would be in the best interest of public health to lower the allowable levels of the nitrogen oxides allowed in NYC.
Response 1: The EPA acknowledges the commenters support of the EPAs proposed rule.
Comment 2: An anonymous citizen provided extensive comments regarding the establishment of the Clean Air Act and the impact of NOx emissions to the environment. The commenter voices support of the EPAs proposed approval since . . . these turbines would be beneficial when it comes to lowering nitrous oxide emissions during the warmer periods, and ozone seasons.
Response 2: The EPA acknowledges the commenters support of the EPAs proposed rule.
Comment 3: A New York State citizen provides extensive comments, in which the commenter asks if the COVID19
pandemic has impacted studies concerning NOx. The commenter provides a range of data about COVID
19 and its impacts globally and across the country.
Response 3: The EPA has determined that this comment is outside the scope of our proposed action. This comment does not make specific claims about how EPA should modify its proposed action, and therefore the EPA will not provide a specific response to this comment.

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Comment 4: The Midwest Ozone Group MOG submitted comprehensive comments that urge the EPA to require New York to impose all emission controls for Simple Cycle Combustion Turbines SCCTs units by 2023, instead of the adopted 2025 final phase year.
MOG stated that a 2023 implementation will be consistent with the nonattainment obligations of the New York Metropolitan Nonattainment Area, or NYMA. MOG also provided details on how NOx emissions from New Yorks SCCTs adversely impact upwind states like Connecticut and argued that EPAs proposed approval fails to recognize the impact on those upwind states and the Good Neighbor Provisions of the Clean Air Act. In addition, MOG
provided the following comments, and extensive details for each, as follows:
1. In 2023, the only remaining ozone monitor modeled to show nonattainment in the Northeast is located in the Connecticut portion of the NYMA.
2. It has been well-established that residual nonattainment in Connecticut and the NYMA is being caused by SCCT
units in New York.
3. EPA should not allow, therefore, New York to delay the implementation of those controls beyond the Moderate nonattainment date for the 2015 ozone NAAQS.
MOGs comment letter also included:
1 Presentation slides distributed by the EPA on the analysis of ozone trends in the east in relation to interstate transport, 2 MOGs December 14, 2020
comment letter to the EPA regarding the proposal of the Revised Cross-State Air Pollution Rule Update for the 2008
Ozone NAAQS, and 3 a data analysis presentation conducted by the Stationary and Area Sources Committee on high emitting Electric Generating Units during High Electric Demand Days throughout states within the Ozone Transport Region. MOG referred to these attachments throughout its comment on EPAs proposed action.
Response 4: The EPA reviewed NYSDECs SIP revision to examine if similar comments were presented during the departments assessment of public comments for the proposal of Subpart 2273. Representatives from the EPA, state agencies, environmental organizations, and sustainable energy organizations each submitted comments that requested NYSDEC to have the proposed 2025 NOx limits on SCCTs take effect sooner. In the EPAs case, this is because the EPA wanted the SIPstrengthening provision to begin as expeditiously as possible to enhance New Yorks ozone SIP. NYSDEC
responded to the comments by stating
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