[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Rules and Regulations]
[Pages 16135-16137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6566]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT064-7222A; A-1-FRL-6942-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Approval of Several NOX Emission Trading Orders 
as Single Source SIP Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Connecticut. This revision establishes a 
mechanism to create and use emission trading credits for nitrogen 
oxides ( NOX) at electric generating facilities currently 
owned by Wisvest in Bridgeport and New Haven, Connecticut. This 
revision also approves retrospectively credits created at these 
facilities between April 16, 2000 and April 30, 2000. These credits can 
be used by facilities to comply with the NOX emission limits 
required by Connecticut regulation 22a-174-22 (Control of Nitrogen 
Oxides). The revision also approves annual emission credits at 
Wisvest's power plant Bridgeport Harbor Station (unit no. 2). These 
annual credits can be used by facilities to offset any NOX 
emission increases due to new construction or plant modification 
subject to EPA's nonattainment new source review program. Lastly, this 
revision changes the expiration date from December 1999 to December 
2000 of previously issued Orders to four municipal waste incinerators. 
The intended effect of this action is this SIP revision in accordance 
with the Clean Air Act.

DATES: This direct final rule is effective on May 22, 2001 without 
further notice, unless EPA receives adverse comment by April 23, 2001. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments may be mailed to Donald Dahl, Air Permit Program 
Unit, Office of Ecosystem Protection (mail code CAP) U.S. Environmental 
Protection Agency, EPA-New England, One Congress Street, Suite 1100, 
Boston, MA 02114-2023. Copies of the documents relevant to this action 
are available for public inspection during normal business hours, by 
appointment at the Office Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA-New England, One Congress Street, 11th floor, 
Boston, MA; and the Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 79 Elm Street, 
Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, (617) 918-1657.

SUPPLEMENTARY INFORMATION:

EPA's Action

    A. What action is EPA taking today?
    B. When did Connecticut submit this SIP revision request?
    C. What does this revision accomplish?
    D. What will be the effects of this SIP revision?
    E. Why is EPA publishing this rule without prior proposal?
    F. What if EPA receives public comment?

A. What Action Is EPA Taking Today?

    Today, EPA is approving nine Emission Trading Agreement and Orders 
that will allow facilities in Connecticut to generate and or use 
emission credits for compliance with the NOX emission limits 
that were established as part of Connecticut's strategy to lower ozone 
levels.

B. When Did Connecticut Submit This SIP Revision Request?

    On May 19, 2000, Connecticut submitted to EPA a formal request to 
revise its State Implementation Plan (SIP).

C. What Does This Revision Accomplish?

    The SIP revision consists of approving Trading Agreement and Order 
Nos. 8094 (Ogden Martin's facility in Bristol); 8095 (American Ref-Fuel 
Company of Southeastern Connecticut in Preston); 8100 (Bridgeport Resco 
Company in Bridgeport); 8116 (Connecticut Resources Recovery Authority 
in Hartford); 8176 (Wisvest's New Haven Station Unit No. 1 in New 
Haven); 8177 (Wisvest's Bridgeport Harbor Unit No. 3 in Bridgeport); 
8178 (Wisvest's New Haven Harbor auxiliary boiler in New Haven); 8179 
(Wisvest's Bridgeport Harbor Unit No. 4); and 8187 (Wisvest's 
Bridgeport Harbor Unit No. 2) into Connecticut's SIP.

D. What Will Be the Effects of This SIP Revision?

    The Trading and Agreement Orders listed above can be grouped into 
four categories. First, Order Nos. 8094, 8095, 8100, and 8116 change 
the dates the subject facilities are allowed to generate NOX 
emission credits from December 14, 1999 to December 19, 2000.
    Second, Order Nos. 8178 and 8179 contain the procedure that the 
subject sources must follow in order to determine if the facility's 
need to obtain NOX emission credits in order to comply with 
NOX RACT. These Orders allow each facility to obtain 
credits, as necessary, until May 1, 2003.
    Third, Order Nos. 8176 and 8177 contain the procedure to generate 
future credits and also contain previously quantified emission 
reduction credits. Order No. 8176 grants 15 tons of non-ozone season 
NOX credits to Wisvest's New Haven Harbor facility. Order 
No. 8177 grants 42 tons of non-ozone season NOX credits to 
Wisvest's Bridgeport Harbor facility.
    Lastly, Order No. 8187 creates 816 tons of NOX credits 
annually at Wisvest's Bridgeport Harbor facility Unit No. 2. Since 
these credits represent a permanent reduction in actual NOX 
emission from Bridgeport Harbor that are not required by the Clean Air 
Act, the credits can be used as offsets in the nonattainment new source 
review program. Offsets are used by new or modified facilities in ozone 
nonattainment areas where the construction results in an increase of 
NOX emissions into the air.

E. Why Is EPA Publishing This Rule Without Prior Proposal?

    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This action will be effective May 22, 2001 
without further notice unless the Agency receives adverse comments by 
April 23, 2001.

F. What if EPA Receives Public Comments?

    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the

[[Page 16136]]

proposed rule. The EPA will not institute a second comment period. 
Parties interested in commenting should do so at this time. If no such 
comments are received, the public is advised that this rule will be 
effective on May 22, 2001 and no further action will be taken on the 
proposed rule.
    Final Action: EPA is approving the SIP revision submitted by 
Connecticut on May 19, 2000 as a revision to the SIP.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). This rule will 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), because it merely approves 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 rule also is not subject to Executive Order 13045 (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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This 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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 May 22, 2001. Interested 
parties should comment in response to the proposed rule rather than 
petition for judicial review, unless the objection arises after the 
comment period allowed for in the proposal. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: January 8, 2001.
Mindy S. Lubber,
Regional Administrator, EPA-New England.

    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 et seq.

Subpart H--Connecticut

    2. Section 52.370 is amended by adding paragraph (c)(88) to read as 
follows:


Sec. 52.370  Identification of plan.

* * * * *
    (c) * * *
    (88) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on May 19, 2000.
    (i) Incorporation by reference.
    (A) Connecticut Trading Agreement and Order No. 8177 issued to 
Wisvest Bridgeport Harbor's Unit No. 3 in Bridgeport on May 31, 2000.
    (B) Connecticut Trading Agreement and Order No. 8187 issued to 
Wisvest Bridgeport Harbor's Unit No. 2 on January 12, 2000.
    (C) Connecticut Trading Agreement and Order No. 8094, Modification 
No. 2, issued to Ogden Martin Systems of Bristol, Inc. on May 22, 2000.
    (D) Connecticut Trading Agreement and Order No. 8095, Modification 
No. 2, issued to American Ref-Fuel Company of Southeastern Connecticut 
in Preston on May 22, 2000.
    (E) Connecticut Trading Agreement and Order No. 8100, Modification 
No. 2, issued to Bridgeport Resco Company, Limited Partnership in 
Bridgeport on May 22, 2000.
    (F) Connecticut Trading Agreement and Order No. 8116, Modification 
No. 2, issued to the Connecticut Resources Recovery Authority in 
Hartford on May 22, 2000.
    (G) Connecticut Trading Agreement and Order No. 8178 issued to 
Wisvest's New Haven Harbor's auxiliary boiler in New Haven on May 22, 
2000.
    (H) Connecticut Trading Agreement and Order No. 8179 issued to 
Wisvest's Bridgeport Harbor's Unit No. 4 on May 22, 2000.

[[Page 16137]]

    (I) Connecticut Trading Agreement and Order No. 8176, issued to 
Wisvest's New Haven Harbor Station's Unit No. 1 in New Haven on May 31, 
2000.
    (ii) Additional materials.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated May 19, 2000, submitting a revision to the Connecticut 
State Implementation Plan.
    (B) SIP narrative materials, dated December 1999, submitted with 
Connecticut Trading Agreement and Order Nos. 8176, 8177, 8178, 8179, 
and 8187.

    3. In Sec. 52.385, Table 52.385 is amended by adding entries in 
state citations following the existing entries for section 22a-174-22 
to read as follows:


Sec. 52.385--EPA-approved  Connecticut regulations.

* * * * *

                                     Table 52.385.--EPA-Approved Regulations
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                                                 Dates
                                    ------------------------------     Federal
Connecticut State    Title/subject       Date                          Register       Section       Comments/
     citation                         adopted by   Date approved       citation        52.370      description
                                        State          by EPA
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22a-174-22.......  Control of NOX        1/12/00  March 23, 2001.  [Insert FR           (c)(88)  Case-specific
                    nitrogen oxide                                  citation from                 trading order
                    emissions.                                      published                     for Wisvest
                                                                    date].                        Bridgeport
                                                                                                  Harbor
                                                                                                  Station's Unit
                                                                                                  No. 2 in
                                                                                                  Bridgeport.
                                         5/22/00  March 23, 2001.  [Insert FR           (c)(88)  Amendment to
                                                                    citation from                 case-specific
                                                                    published                     trading order
                                                                    date].                        for Ogden
                                                                                                  Martin
                                                                                                  System's
                                                                                                  facility in
                                                                                                  Bristol.
                                         5/22/00  March 23, 2001.  [Insert FR           (c)(88)  Amendment to
                                                                    citation from                 case-specific
                                                                    published                     trading order
                                                                    date].                        for
                                                                                                  Connecticut
                                                                                                  Resources
                                                                                                  Recovery
                                                                                                  Authority.
                                         5/22/00  March 23, 2001.  [Insert FR           (c)(88)  Amendment to
                                                                    citation from                 case-specific
                                                                    published                     order for
                                                                    date].                        American Ref-
                                                                                                  Fuel Company.
                                         5/22/00  March 23, 2001.  [Insert FR           (c)(88)  Amendment to
                                                                    citation from                 case-specific
                                                                    published                     trading order
                                                                    date].                        for Bridgeport
                                                                                                  Resco Company.
                                         5/22/00  March 23, 2001.  [Insert FR           (c)(88)  Case-specific
                                                                    citation from                 trading order
                                                                    published                     for Wisvest
                                                                    date].                        Bridgeport
                                                                                                  Harbor
                                                                                                  Station's Unit
                                                                                                  No. 4 in
                                                                                                  Bridgeport.
                                         5/22/00  March 23, 2001.  [Insert FR           (c)(88)  Case-specific
                                                                    citation from                 trading order
                                                                    published                     for Wisvest
                                                                    date].                        New Haven
                                                                                                  Harbor
                                                                                                  Station's
                                                                                                  auxiliary
                                                                                                  Boiler in New
                                                                                                  Haven.
                                         5/31/00  March 23, 2001.  [Insert FR           (c)(88)  Case-specific
                                                                    citation from                 trading order
                                                                    published                     for Wisvest
                                                                    date].                        Bridgeport
                                                                                                  Harbor
                                                                                                  Station's Unit
                                                                                                  No. 3 in
                                                                                                  Bridgeport.
                                         5/31/00  March 23, 2001.  [Insert FR           (c)(88)  Case-specific
                                                                    citation from                 trading order
                                                                    published                     for Wisvest
                                                                    date].                        New Haven
                                                                                                  Harbor
                                                                                                  Station's Unit
                                                                                                  No. 1 in New
                                                                                                  Haven.
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[FR Doc. 01-6566 Filed 3-22-01; 8:45 am]
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