[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Rules and Regulations]
[Pages 25516-25518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9964]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2007-0452; A-1-FRL-8562-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Interstate Transport of Pollution

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. The SIP revision addresses the 
provisions of the Clean Air Act that require each state to address 
emissions that may adversely affect another state's air quality through 
interstate transport. The Connecticut Department of Environmental 
Protection has adequately addressed the four distinct elements related 
to the impact of interstate transport of air pollutants. These include 
prohibiting significant contribution to downwind nonattainment of the 
National Ambient Air Quality Standards (NAAQS), interference with 
maintenance of the NAAQS, interference with plans in another state to 
prevent significant deterioration of air quality, and interference with 
efforts of other states to protect visibility. This action is being 
taken under the Clean Air Act.

DATES: Effective Date: This rule is effective on June 6, 2008.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2007-0452. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., 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 either electronically 
through http://www.regulations.gov or in hard copy at the Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100, Boston, MA. 
EPA requests that if at all possible, you contact the contact listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are

[[Page 25517]]

Monday through Friday, 8:30 to 4:30, excluding legal holidays
    Copies of the documents relevant to this action are also available 
for public inspection during normal business hours, by appointment at 
the Bureau of Air Management, Department of Environmental Protection, 
State Office Building, 79 Elm Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 
02114-2023, telephone number (617) 918-1664, fax number (617) 918-0664, 
e-mail [email protected] .

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 5, 2007 (72 FR 62420), EPA published a Notice of 
Proposed Rulemaking (NPR) for the State of Connecticut. The NPR 
proposed approval of Connecticut's Clean Air Act (CAA) section 
110(a)(2)(D)(i) transport SIP that was submitted by the Connecticut 
Department of Environmental Protection on March 13, 2007. Connecticut's 
SIP submittal addresses the CAA section 110(a)(2)(D)(i) requirements 
for the 1997 8-hour ozone and PM2.5 NAAQS. Section 110(a)(2)(D)(i) of 
the CAA requires each state to submit a SIP that prohibits emissions 
that could adversely affect another state. The SIP must prevent sources 
in the state from emitting pollutants in amounts which will: (1) 
Contribute significantly to downwind nonattainment of the NAAQS; (2) 
interfere with maintenance of the NAAQS; (3) interfere with provisions 
to prevent significant deterioration of air quality; and (4) interfere 
with efforts to protect visibility. EPA issued guidance on August 15, 
2006, relating to SIP submissions to meet the requirements of section 
110(a)(2)(D)(i).\1\
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    \1\ ``Guidance for State Implementation Plan (SIP) Submissions 
to Meet Current Outstanding Obligations Under Section 
110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient Air 
Quality Standards,'' Memorandum from William T. Harnett, EPA OAQPS, 
to EPA Regional Air Division Directors, August 15, 2006.
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    As noted in the NPR, EPA has found that Connecticut has adequately 
addressed the four distinct elements related to the impact of 
interstate transport of air pollutants. The specific details of 
Connecticut's transport SIP and the rationale for EPA's approval are 
explained in the NPR and will not be restated here. No comments were 
received on the NPR.

II. Final Action

    EPA is approving Connecticut's March 13, 2007 Clean Air Act section 
110(a)(2)(D)(i) transport SIP submittal for the 1997 8-hour ozone and 
PM2.5 NAAQS as a revision to the Connecticut SIP. This SIP submittal 
addresses the provisions of the Clean Air Act that require each state 
to submit a SIP to address emissions that may adversely affect another 
state's air quality through interstate transport. Connecticut has 
adequately addressed the four distinct elements related to the impact 
of interstate transport of air pollutants. These include prohibiting 
significant contribution to downwind nonattainment of the NAAQS, 
interference with maintenance of the NAAQS, interference with plans in 
another state to prevent significant deterioration of air quality, and 
interference with efforts of other states to protect visibility. 
Therefore, EPA is approving Connecticut's SIP submittal as meeting the 
Clean Air Act section 110(a)(2)(D)(i) requirements for the 1997 8-hour 
ozone and PM2.5 NAAQS.
    As a consequence of this approval, EPA is no longer obligated to 
prepare a Federal Implementation Plan (FIP) for Connecticut for this 
CAA requirement. The FIP was due on May 25, 2007, pursuant to a finding 
of failure to submit issued by EPA on April 25, 2005 (70 FR 21147).

III. Statutory and Executive Order Reviews

    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), 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 
``Protection of Children From Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule 
implementing a Federal standard.
    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. 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

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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 July 7, 2008. 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, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: April 22, 2008.
Robert W. Varney,
 Regional Administrator, EPA New England.


0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

     Authority: 42 U.S.C. 7401 et seq.

Subpart H--Connecticut

0
2. Section 52.387 is added to read as follows:


Sec.  52.387  Interstate Transport for the 1997 8-hour ozone and PM2.5 
NAAQS.

    On March 13, 2007, the State of Connecticut submitted a State 
Implementation Plan (SIP) revision addressing the Section 
110(a)(2)(D)(i) interstate transport requirements of the Clean Air Act 
for the 1997 8-hour ozone and PM2.5 National Ambient Air 
Quality Standards (NAAQS). There are four distinct elements related to 
the impact of interstate transport of air pollutants. These include 
prohibiting significant contribution to downwind nonattainment of the 
NAAQS, interference with maintenance of the NAAQS, interference with 
plans in another state to prevent significant deterioration of air 
quality, and interference with efforts of other states to protect 
visibility. EPA has found that Connecticut's March 13, 2007 submittal 
adequately addresses these four distinct elements and has approved the 
submittal as meeting the requirements of Section 110(a)(2)(D)(i) for 
the 1997 8-hour ozone and PM2.5 NAAQS.

[FR Doc. E8-9964 Filed 5-6-08; 8:45 am]
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