[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Rules and Regulations]
[Pages 9009-9012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4508]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT-068-7225a; A-1-FRL-7445-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; New Source Review/Prevention of Significant Deterioration 
Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revisions 
submitted by the Connecticut Department of Environmental Protection 
(DEP). The revisions include new provisions that implement the core 
requirements of 1990 Clean Air Act Amendments (CAAA) regarding 
nonattainment New Source Review (NSR) in areas that have not attained 
the National Ambient Air Quality Standards (NAAQS). In addition, the 
changes amend the applicability requirements and certain other 
requirements of the Prevention of Significant Protection (PSD) program 
and NSR rules. Finally, the changes provide a definition for 
``Practicably Enforceable'' that would allow sources a streamlined 
approach to limit potential to emit for PSD/NSR applicability purposes. 
In aggregate, these revisions will substantially strengthen the DEP's 
air permitting rules.
    This action is to approve the revisions to section 22a-174-1, 
``Definitions,'' section 22a-174-2a, ``Procedural Requirements for New 
Source Review and Title V Permitting,'' and section 22a-174-3a, 
``Permit to Construct and Operate Stationary Sources.'' This action is 
being taken in accordance with the Clean Air Act (CAA or Act).

DATES: This rule will become effective on March 31, 2003.

ADDRESSES: Copies of the documents relevant to this action are 
available for inspection during normal business

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hours at the Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 11th floor, Boston, 
MA; Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-108 West, 1301 Constitution Avenue, NW., 
Washington DC; and the Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 79 Elm Street, 
Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Brendan McCahill, (617) 918-1652; e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 21, 2003 (68 FR 2722), EPA published a notice of 
proposed rulemaking (NPR) for the state of Connecticut. The NPR 
proposes approval of the revisions to section 22a-174-1, 
``Definitions,'' section 22a-174-2a, ``Procedural Requirements for New 
Source Review and Title V Permitting,'' and section 22a-174-3a, 
``Permit to Construct and Operate Stationary Sources.'' The formal SIP 
revision was submitted on June 14, 2002.
    Provisions in these rules that only affect programs other that PSD 
and NSR have not been incorporated into the SIP by today's action. For 
details, please contact the EPA regional office at the address given 
above. Furthermore, EPA is not taking action on portions of DEP's 
submittal that address NOX increments. This aspect of the 
PSD Federal implementation plan remains in effect (see 40 CFR 52.382). 
The DEP has submitted other changes to the increment provisions of its 
SIP. EPA anticipates taking action on the NOX increments and 
these other changes in a future action.
    EPA has recently promulgated revisions to certain portions of the 
Federal PSD and nonattainment NSR regulations (67 FR 80244 (Dec. 31, 
2002). These rules have an effective date of March 3, 2003. With 
respect to Connecticut's rules relating to new source review, EPA has 
determined that Connecticut's rules meet the requirements of 40 CFR 
part 51, subpart I, as currently in effect, and is taking no position 
on whether Connecticut will need to make changes to its new source 
review rules to meet requirements that EPA has promulgated, but are not 
yet effective, as part of new source review reform.
    In addition, while EPA is approving Connecticut's PSD SIP, EPA 
recognizes that it has a responsibility to insure that all States 
properly implement their preconstruction permitting programs. EPA's 
approval of Connecticut's PSD program does not divest the Agency of the 
duty to continue appropriate oversight to insure that PSD 
determinations made by Connecticut are consistent with the requirements 
of the CAA, EPA regulations, and the SIP. EPA's authority to oversee 
PSD program implementation is set forth in sections 113, 167, and 
505(b) of the Act. For example, section 167 provides that EPA shall 
issue administrative orders, initiate civil actions, or take whatever 
other enforcement action may be necessary to prevent construction of a 
major stationary source that does not ``conform to the requirements 
of'' the PSD program. Similarly, section 113(a)(5) provides for 
administrative orders and civil actions whenever EPA finds that a State 
``is not acting in compliance with'' any requirement or prohibition of 
the Act regarding construction of new or modified sources. Likewise, 
section 113(a)(1) provides for a range of enforcement remedies whenever 
EPA finds that a person is in violation of an applicable implementation 
plan.
    The specific requirements of Connecticut's SIP revision and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here.

II. Response to Comments

    EPA did not receive any comments during the comment period.

III. Final Action

    EPA is approving the SIP revision submitted by Connecticut on June 
14, 2002 as a revision to the SIP.

IV. Regulatory Assessment 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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does 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). This action 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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. section 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

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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. section 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 April 28, 2003. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, and Volatile organic compounds.

    Dated: February 19, 2003.
Robert W. Varney,
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)(91) to read as 
follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (91) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on June 14, 2002.
    (i) Incorporation by reference.
    (A) Connecticut's amendments to Section 22a-174-1, Definitions 
except for the following sections: (4), (18), (20), (29), (44), (45), 
(60), (111), (112) and, (117). These regulations are effective in the 
state of Connecticut on March 15, 2002.
    (B) Connecticut's new Section 22a-174-2a, Procedural Requirements 
for New Source Review and Title V Permitting except for the following 
sections: (a)(1) through (6); (b)(1) through (4); introduction to 
(b)(5); (b)(5)(D), (F) and, the last sentence of (G); (b)(9); (c)(2); 
clause after first comma `` * * * or order pursuant to section 22a-174-
33(d) of regulations of Connecticut State Agency * * * '' in the 
introduction to (c)(6); (c)(6)(B) and (C); clause after first comma `` 
* * * or order pursuant to section 22a-174-33(d) of Regulations of 
Connecticut State Agencies * * * '' in (c)(9); reference to ``Title V'' 
in title of (d); (d)(4)(A) through (D); (d)(7)(A) through (D); 
(d)(8)(A) and (B); reference to ``Title V'' in title of (e); (e)(2)(A) 
and (B); (e)(3)(D); (e)(5)(A) through (F); reference to ``Title V 
permit'' in (e)(6); reference to ``22a-174-33'' in first clause of 
introduction to (f)(2); (f)(2)(F); (f)(5); (f)(6); (g)(1) and (2); 
(h)(1) through (3) and; (i)(1) through (3). These regulations are 
effective in the state of Connecticut on March 15, 2002.
    (C) Connecticut's new Section 22a-174-3a, Permit to Construct and 
Operate Stationary Sources except for the following sections: 
(a)(1)(C); (c)(1)(H); (d)(3)(J) and (M); references to ``Dioxin,'' 
``PCDDs'' and, ``PCDFs'' in Table 3a(i)-1 of (i)(1) and; (m)(1) through 
(8). These regulations are effective in the state of Connecticut on 
March 15, 2002.
    (ii) Additional materials.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated June 14, 2002 submitting a revision to the Connecticut 
State Implementation Plan.
    For the State of Connecticut:
    3. In Sec.  52.385, Table 52.385 is amended by revising existing 
entry in state citations for 22a-174-1, Definitions, and adding new 
entries in state citation for 22a-174-2a, Procedural Requirements for 
New Source Review and Title V Permitting and, 22a-174-3a, Permit to 
Construct and Operate Stationary Sources, 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      52.370    Explanations/
       citation                          adopted by   Date approved       citation                 description
                                            State         by EPA
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                                                  * * * * * * *
22a-174-1.............  Definitions....    03/15/02  February 27,     [Insert FR       ........  Adopting
                                                      2003..           citation from              definitions
                                                                       published                  applicable to
                                                                       date].                     PSD/NSR
                                                                                                  program.
 
                                                  * * * * * * *
22a-174-2a............  Procedural         03/15/02  February 27,     [Insert FR       ........  Provisions
                         Requirements                 2003..           citation from              applicable to
                         for New Source                                published                  PSD/NSR in
                         Review and                                    date].                     consolidated
                         Title V                                                                  permit
                         Permitting.                                                              procedural
                                                                                                  requirements.
 
                                                  * * * * * * *
22a-174-3a............  Permit to          03/15/02  February 27,     [Insert FR       ........  PSD/NSR program
                         Construct and                2003..           citation from              requirements
                         Operate                                       published                  as revised by
                         Stationary                                    date].                     the CAAA.
                         Sources.
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[FR Doc. 03-4508 Filed 2-26-03; 8:45 am]
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