[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1063]


[[Page Unknown]]

[Federal Register: January 18, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT-12-01-6154; A-1-FRL-4822-8]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; State Order No. 7019, United Technologies Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Connecticut. This revision consists of 
Connecticut State Order No. 7019, which requires The United Technology 
Corporation (UTC) to limit the operation of certain boilers, increase 
certain stack heights, and limit the sulfur content of fuels burned in 
certain boilers, as specified in the order. This action is supported by 
a modeling study prepared by TRC Environmental Consultants, Inc. in 
June, 1991. This action is being taken in accordance with section 110 
of the Clean Air Act.

EFFECTIVE DATE: This action will become effective March 21, 1994, 
unless notice is received by February 17, 1994, that adverse or 
critical comments will be submitted. If the effective date is delayed, 
timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment at the 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 10th floor, Boston, 
MA; Jerry Kurtzweg, U.S. Environmental Protection Agency, 401 M Street, 
SW., (ANR-443), Washington, DC 20460; and the Bureau of Air Management, 
Department of Environmental Protection, 79 Elm Street, Hartford, CT 
06106.

FOR FURTHER INFORMATION CONTACT: Ian D. Cohen, (617) 565-3229.

SUPPLEMENTARY INFORMATION: On March 11, 1993, the State of Connecticut 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision consists of State Order No. 7019.

Background

    The Hamilton Standard Division of United Technologies Corporation 
(UTC), located at Windsor Locks, CT, operates several boilers which 
emit sulfur dioxide (SO2). On April 6, 1990, the Hamilton Standard 
Division received a notice of violation from the Connecticut Department 
of Environmental Protection (CT DEP). Dispersion modeling done by CT 
DEP showed potential violations of the 3-hour and 24-hour Connecticut 
Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality 
Standards (NAAQS) for SO2. TRC Consultants, under contract to UTC, 
performed a subsequent dispersion modeling study to determine which 
actions UTC could take to prevent these violations. In June, 1991, TRC 
provided a report which recommended a compliance strategy for UTC to 
follow. On January 7, 1993, CT DEP issued State Order No. 7019, which 
requires UTC to implement this compliance strategy.

Summary of SIP Revision

    The SIP revision consists of Connecticut State Order No. 7019. The 
order makes certain recommendations contained in the TRC report 
entitled Air Quality Modeling Analysis to Demonstrate SO2 CAAQS/
NAAQS Compliance at the Hamilton Standard Division of United 
Technologies Corporation Windsor Locks, Connecticut Facility legally 
binding on UTC. These recommendations are based on modeling done by TRC 
in accordance with EPA and Connecticut DEP modeling guidance. The 
Modeling study used the ISCST and PTMTPA-CONN models.
    Under State Order No. 7019, UTC will be required to take the 
following actions:

    (1) Concerning the four boilers designated 518(41), 519(42), 
520(43), and 521(44), not more than three (3) may be operated 
simultaneously.
    (2) Boilers 519(42) and 520(43) shall burn only Natural Gas or No. 
6 fuel oil with sulfur content not exceeding 1.0%, and boilers 518(41) 
and 521(44) shall burn only No. 6 fuel oil with sulfur content not 
exceeding 1.0%.
    (3) Boilers 506(48) and 505(49) shall burn either natural gas or 
No. 4 or No. 2 fuel oil with sulfur content not exceeding 0.3%.
    (4) Test Cell D and Test Cell E shall be restricted to burning Jet-
A fuel with sulfur content not exceeding 0.3%.
    (5) The stack heights of Boilers 518(41), 519(42), 520(43), and 
521(44) shall be increased to not less than 23.4 meters.

Enforcement

    State Order No. 7019 contains requirements that UTC keep records of 
the sulfur content of each purchase of fuel, and specifies the dates 
for the commencement and completion of the higher stacks required by 
the order. These records will allow the state to monitor compliance. 
State Order No. 7019 also contains a schedule of fines which UTC must 
pay if a violation occurs, as well as the name and address of the 
person at the Connecticut Department of Environmental Protection to 
whom payments are to be sent.
    EPA has reviewed State Order No. 7019 and has determined that the 
restrictions in sulfur content and the increases in stack height are 
sufficient to maintain the NAAQS in the vicinity of UTC's facility in 
Windsor Locks, Connecticut.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. This action will be effective 60 days from the 
date of this Federal Register notice unless, by February 17, 1994, 
notice is received that adverse or critical comments will be submitted. 
If such notice is received, this action will be withdrawn before the 
effective date by simultaneously publishing two subsequent notices. One 
notice will withdraw the final action and another will begin a new 
rulemaking by announcing a proposal of the action and establishing a 
comment period. If no such comments are received, the public is advised 
that this action will be effective on March 21, 1994.

Final Action

    EPA is approving State Order No. 7019 dated March 11, 1993 and 
effective in the State of Connecticut on February 19, 1993. The order 
is supported by a modeling study which demonstrates attainment of the 
NAAQS.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225).
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410 (a)(2).
    On January 6, 1989, the Office of Management and Budget (OMB) 
waived Table 2 and Table 3 revisions (54 FR 2222) from the requirements 
of Section 3 of Executive Order 12291 for a period of two years. EPA 
has submitted a request for a permanent waiver for Table 2 and Table 3 
SIP revisions. OMB has agreed to continue the waiver until such time as 
it rules on EPA's request. This request continues in effect under 
Executive Order 12866 which superseded Executive Order 12291 on 
September 30, 1993.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State implementation plan. Each request for revision to 
the State implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 21, 1994. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Connecticut was approved by the Director of 
the Federal Register on July 1, 1982.

    Dated: November 24, 1993.
Patricia L. Meaney,
Acting Regional Administrator, Region I.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart H--Connecticut

    2. Section 52.370 is amended by adding paragraph (c)(63) to read as 
follows:


Sec. 52.370  Identification of plan.

* * * * * *
    (c) * * *
    (63) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on March 11, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated March 11, 1993 submitting a revision to the 
Connecticut State Implementation Plan.
    (B) Connecticut State Order No 7019 dated March 11, 1993, and 
effective in the State of Connecticut on February 19, 1993.
    (ii) Additional materials.
    (A) Air Quality Modeling Analysis to Demonstrate SO2 CAAQS/
NAAQS Compliance at the Hamilton Standard Division of United 
Technologies Corporation Windsor Locks CT; June 1991.
[FR Doc. 94-1063 Filed 1-14-94; 8:45 am]
BILLING CODE 6560-50-F