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Proposed Rule

Approval and Promulgation of Air Quality Implementation Plans; New York; Regional Haze State Implementation Plan for the Second Implementation Period

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Document Details

Document Number2024-06105
TypeProposed Rule
PublishedMar 22, 2024
Effective Date-
RIN-
Docket IDEPA-R02-OAR-2020-0455
Text FetchedYes

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2024-18064 Final Rule Approval and Promulgation of Air Quality... Aug 15, 2024

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Full Document Text (31,512 words · ~158 min read)

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ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R02-OAR-2020-0455; FRL-11807-01-R2]</DEPDOC> <SUBJECT>Approval and Promulgation of Air Quality Implementation Plans; New York; Regional Haze State Implementation Plan for the Second Implementation Period</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is proposing to approve the regional haze state implementation plan (SIP) submitted by the State of New York through the Department of Environmental Conservation (NYSDEC or New York) on May 12, 2020, as satisfying applicable requirements under the Clean Air Act (CAA) and the EPA's Regional Haze Rule for the program's second implementation period. New York's SIP submission addresses the requirement that states must periodically revise their long-term strategies for making reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility in mandatory Class I Federal areas, including regional haze. The SIP submission also addresses other applicable requirements for the second implementation period of the regional haze program. The EPA is taking this action pursuant to sections 110 and 169A of the Clean Air Act. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Written comments must be received on or before April 22, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket ID No. EPA-R02-OAR-2020-0455 at <E T="03">https://www.regulations.gov.</E> Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> Controlled Unclassified Information (CUI) (formally referred to as Confidential Business Information (CBI)) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through <E T="03">https://www.regulations.gov.</E> Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from <E T="03">Regulations.gov</E> . The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be CUI 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 ( <E T="03">i.e.,</E> on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CUI or multimedia submissions, and general guidance on making effective comments, please visit <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Robert Rutherford, U.S. Environmental Protection Agency, Air Programs Branch, Region II, 290 Broadway, New York, New York 10007-1866, at (212) 637-3712 or by email at <E T="03">Rutherford.Robert@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <EXTRACT> <FP SOURCE="FP-2">I. What action is the EPA proposing?</FP> <FP SOURCE="FP-2">II. Background and Requirements for Regional Haze Plans</FP> <FP SOURCE="FP1-2">A. Regional Haze Background</FP> <FP SOURCE="FP1-2">B. Roles of Agencies in Addressing Regional Haze</FP> <FP SOURCE="FP-2">III. Requirements for Regional Haze Plans for the Second Implementation Period</FP> <FP SOURCE="FP1-2">A. Identification of Class I Areas</FP> <FP SOURCE="FP1-2">B. Calculations of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress</FP> <FP SOURCE="FP1-2">C. Long-Term Strategy for Regional Haze</FP> <FP SOURCE="FP1-2">D. Reasonable Progress Goals</FP> <FP SOURCE="FP1-2">E. Monitoring Strategy and Other Implementation Plan Requirements</FP> <FP SOURCE="FP1-2">F. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</FP> <FP SOURCE="FP1-2">G. Requirements for State and Federal Land Manager Coordination</FP> <FP SOURCE="FP-2">IV. The EPA's Evaluation of New York's Regional Haze Submission for the Second Implementation Period</FP> <FP SOURCE="FP1-2">A. Background on New York's First Implementation Period SIP Submission</FP> <FP SOURCE="FP1-2">B. New York's Second Implementation Period SIP Submission and the EPA's Evaluation</FP> <FP SOURCE="FP1-2">C. Identification of Class I Areas</FP> <FP SOURCE="FP1-2">D. Calculations of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress</FP> <FP SOURCE="FP1-2">E. Long-Term Strategy for Regional Haze</FP> <FP SOURCE="FP1-2">a. New York's Response to the Six MANE-VU Asks</FP> <FP SOURCE="FP1-2">b. The EPA's Evaluation of New York's Response to the Six MANE-VU Asks and Compliance With 40 CFR 51.308(f)(2)(i)</FP> <FP SOURCE="FP1-2">c. Additional Long-Term Strategy Requirements</FP> <FP SOURCE="FP1-2">F. Reasonable Progress Goals</FP> <FP SOURCE="FP1-2">G. Monitoring Strategy and Other Implementation Plan Requirements</FP> <FP SOURCE="FP1-2">H. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</FP> <FP SOURCE="FP1-2">I. Requirements for State and Federal Land Manager Coordination</FP> <FP SOURCE="FP-2">V. Environmental Justice Considerations</FP> <FP SOURCE="FP-2">VI. The EPA's Proposed Action</FP> <FP SOURCE="FP-2">VII. Statutory and Executive Order Reviews</FP> </EXTRACT> <HD SOURCE="HD1">I. What action is the EPA proposing?</HD> On May 12, 2020, NYSDEC submitted a revision to its SIP to address regional haze for the second implementation period (“NY RH 2nd Implementation Period SIP submission”). NYSDEC supplemented its SIP submission on February 16, 2022. NYSDEC made this SIP submission to satisfy the requirements of the CAA's regional haze program pursuant to CAA sections 169A and 169B and 40 CFR 51.308. The EPA is proposing to find that the NY RH 2nd Implementation Period SIP submission meets the applicable statutory and regulatory requirements and thus proposes to approve New York's SIP revision submission. <HD SOURCE="HD1">II. Background and Requirements for Regional Haze Plans</HD> <HD SOURCE="HD2">A. Regional Haze Background</HD> In the 1977 CAA Amendments, Congress created a program for protecting visibility in the nation's mandatory Class I Federal areas, which include certain national parks and wilderness areas. <SU>1</SU> <FTREF/> CAA 169A. The CAA establishes as a national goal the “prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution.” CAA 169A(a)(1). The CAA further directs the EPA to promulgate regulations to assure reasonable progress toward meeting this national goal. CAA 169A(a)(4). On December 2, 1980, the EPA promulgated regulations to address visibility impairment in mandatory Class I Federal areas (hereinafter referred to as “Class I areas”) that is “reasonably attributable” to a single source or small group of sources. (45 FR 80084, December 2, 1980). These regulations, codified at 40 CFR 51.300 through 51.307, represented the first phase of the EPA's efforts to address visibility impairment. In 1990, Congress added section 169B to the CAA to further address visibility impairment; specifically, impairment from regional haze. CAA 169B. The EPA promulgated the Regional Haze Rule (RHR), codified at 40 CFR 51.308, <SU>2</SU> <FTREF/> on July 1, 1999. (64 FR 35714, July 1, 1999). These regional haze regulations are a central component of the EPA's comprehensive visibility protection program for Class I areas. <FTNT> <SU>1</SU>  Areas statutorily designated as mandatory Class I Federal areas consist of national parks exceeding 6,000 acres, wilderness areas and national memorial parks exceeding 5,000 acres, and all international parks that were in existence on August 7, 1977. CAA 162(a). There are 156 mandatory Class I areas. The list of areas to which the requirements of the visibility protection program apply is in 40 CFR part 81, subpart D. </FTNT> <FTNT> <SU>2</SU>  In addition to the generally applicable regional haze provisions at 40 CFR 51.308, the EPA also promulgated regulations specific to addressing regional haze visibility impairment in Class I areas on the Colorado Plateau at 40 CFR 51.309. The latter regulations are applicable only for specific jurisdictions' regional haze plans submitted no later than December 17, 2007, and thus are not relevant here. </FTNT> Regional haze is visibility impairment that is produced by a multitude of anthropogenic sources and activities which are located across a broad geographic area and that emit pollutants that impair visibility. Visibility impairing pollutants include: fine and coarse particulate matter (PM) ( <E T="03">e.g.,</E> sulfates, nitrates, organic carbon, elemental carbon, and soil dust), and their precursors ( <E T="03">e.g.,</E> sulfur dioxide (SO <E T="52">2</E> ); nitrogen oxides (NO <E T="52">X</E> ); and, in some cases, volatile organic compounds (VOC) and ammonia (NH <E T="52">3</E> )). Fine particle precursors react in the atmosphere to form fine particulate matter (PM <E T="52">2.5</E> ), which impairs visibility by scattering and absorbing light. Visibility impairment reduces the perception of clarity and color, as well as visible distance. <SU>3< ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 214k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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