[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62378-62381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21453]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0238; FRL-9951-94-Region 1]


Air Plan Approval; Connecticut; NOX Emission Trading 
Orders as Single Source SIP Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of 
Connecticut. This revision continues to allow facilities to create and/
or use emission credits using NOX Emission Trading and 
Agreement Orders (TAOs) to comply with the NOX emission 
limits required by Regulations of Connecticut State Agencies (RCSA) 
section 22a-174-22 (Control of Nitrogen Oxides). The intended effect of 
this action is to approve the individual trading orders to allow 
facilities to determine the most cost-effective way to comply with the 
state regulation. This action is being taken in accordance with the 
Clean Air Act (CAA).

DATES: This final rule is effective on October 11, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R01-OAR-2015-0238. 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, e.g., 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 http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, Air Permits, Toxics, and 
Indoor Programs Unit, Office of Ecosystem Protection, U.S. 
Environmental Protection Agency, EPA New England Regional Office, 5 
Post Office Square, Suite 100, (OEP05-2), Boston, MA 02109-3912, phone 
number (617) 918-1657, fax number (617) 918-0657, email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Summary of SIP Revision
II. Final Action
III. Statutory and Executive Order Reviews

I. Summary of SIP Revision

    On November 15, 2011, the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) submitted a formal revision to its 
State Implementation Plan (SIP). This SIP revision consists of eighty-
nine source-specific Trading Agreement and Orders (TAOs) that allow 
twenty-four individual stationary sources of nitrogen oxide 
(NOX) emissions to create and/or trade NOX 
emission credits in order to ensure more effective compliance with EPA 
SIP-approved state regulations for reducing NOX emissions. 
We previously approved source-specific TAOs of the same kind issued by 
CT DEEP under this program for these same sources on September 28, 1999 
(64 FR 52233), March 23, 2001 (66 FR 16135), and September 9, 2013 (78 
FR 54962). The November 15, 2011 SIP submittal also includes Consent 
Order 8029A issued to Hamilton Sundstrand which addresses Volatile 
Organic Compound (VOC) emissions.
    On June 15, 2016 (81 FR 38999) EPA published a notice of proposed 
rulemaking (NPR) for the State of Connecticut's 2011 SIP revision 
submittal, proposing approval of the TAOs, except for Consent Order 
8029A. The NPR also proposed approval of the revised TAO 8110A issued 
to Yale University. This TAO was originally submitted as part of a July 
1, 2004 SIP revision from Connecticut, and was modified by CT DEEP on 
May 29, 2015.
    The rationale supporting EPA's proposed rulemaking action is 
explained in the published NPR. The NPR is available in the docket for 
this

[[Page 62379]]

rulemaking at www.regulations.gov, Docket ID Number EPA-R01-OAR-2015-
0238. EPA did not receive any public comments on the NPR.

II. Final Action

    The EPA is approving into the Connecticut SIP the 89 TAOs contained 
in the State of Connecticut's 2011 SIP revision request as well as the 
revised TAO 8110A for Yale University.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and Rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    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 November 8, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, Reporting and 
recordkeeping requirements.

    Dated: August 17, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 52.377 is amended by adding paragraph (m)(2) to read as 
follows:


Sec.  52.377  Control Strategy: Ozone.

* * * * *
    (m) * * *
    (2) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
November 15, 2011 and July 1, 2004. The revisions consist of 90 single 
source emission trading orders necessary for satisfying Reasonable 
Available Control Technology requirements for nitrogen oxides during 
specific time periods.
    (i) Trading Agreement and Order No. 8093C, Modification No. 2 
issued to Pfizer in Groton.
    (ii) Trading Agreement and Order No. 8093C, Modification No. 3 
issued to Pfizer in Groton.
    (iii) Trading Agreement and Order No. 8136A, Modification No. 1 
issued to Pfizer in Groton.
    (iv) Trading Agreement and Order No. 8136A, Modification No. 2 
issued to Pfizer in Groton.
    (v) Trading Agreement and Order No. 8296 issued to Pfizer in 
Groton.
    (vi) Trading Agreement and Order No. 8109, Modification No. 1 
issued to Hamilton Sundstrand Corporation in Windsor Locks.
    (vii) Trading Agreement and Order No. 8109, Modification No. 2 
issued to Hamilton Sundstrand Corporation in Windsor Locks.
    (viii) Trading Agreement and Order No. 8109, Modification No. 3 
issued to Hamilton Sundstrand Corporation in Windsor Locks.
    (ix) Trading Agreement and Order No. 8291 issued to Hamilton 
Sundstrand Corporation in Windsor Locks.
    (x) Trading Agreement and Order No. 8291, Modification No. 1 issued 
to Hamilton Sundstrand Corporation in Windsor Locks.
    (xi) Trading Agreement and Order No. 8114A, Modification No. 1 
issued to Cytec Industries, Inc. in Wallingford.
    (xii) Trading Agreement and Order No. 8114A, Modification No. 2 
issued to Cytec Industries, Inc. in Wallingford.
    (xiii) Trading Agreement and Order No. 8115B, Modification No. 1 
issued to University of Connecticut in Storrs.

[[Page 62380]]

    (xiv) Trading Agreement and Order No. 8115B, Modification No. 2 
issued to University of Connecticut in Storrs.
    (xv) Trading Agreement and Order No. 8115B, Modification No. 3 
issued to University of Connecticut in Storrs.
    (xvi) Trading Agreement and Order No. 8116B, Modification No. 1 
issued to Connecticut Resources Recovery Authority in Hartford.
    (xvii) Trading Agreement and Order No. 8116B, Modification No. 2 
issued to Connecticut Resources Recovery Authority in Hartford.
    (xviii) Trading Agreement and Order No. 8302 issued to Connecticut 
Resources Recovery Authority in Hartford.
    (xix) Trading Agreement and Order No. 8119A, Modification No. 2 
issued to City of Norwich, Department of Public Utilities in Norwich.
    (xx) Trading Agreement and Order No. 8119A, Modification No. 3 
issued to City of Norwich, Department of Public Utilities in Norwich.
    (xxi) Trading Agreement and Order No. 8304 issued to City of 
Norwich, Department of Public Utilities in Norwich.
    (xxii) Trading Agreement and Order No. 8120A, Modification No. 1 
issued to Sikorsky Aircraft Corporation in Stratford.
    (xxiii) Trading Agreement and Order No. 8120A, Modification No. 2 
issued to Sikorsky Aircraft Corporation in Stratford.
    (xxiv) Trading Agreement and Order No. 8293 issued to Sikorsky 
Aircraft Corporation in Stratford.
    (xxv) Trading Agreement and Order No. 8293, Modification No. 1 
issued to Sikorsky Aircraft Corporation in Stratford.
    (xxvi) Trading Agreement and Order No. 8123A, Modification No. 1 
issued to Algonquin Gas Transmission Company in Cromwell.
    (xxvii) Trading Agreement and Order No. 8123A, Modification No. 2 
issued to Algonquin Gas Transmission Company in Cromwell.
    (xxviii) Trading Agreement and Order No. 8134A, Modification No. 1 
issued to United Technologies Corporation in East Hartford.
    (xxix) Trading Agreement and Order No. 8134A, Modification No. 2 
issued to United Technologies Corporation in East Hartford.
    (xxx) Trading Agreement and Order No. 8289 issued to United 
Technologies Corporation in East Hartford.
    (xxxi) Trading Agreement and Order No. 8154A, Modification No. 1 
issued to Combustion Engineering, Inc. in Windsor.
    (xxxii) Trading Agreement and Order No. 8154A, Modification No. 2 
issued to Combustion Engineering, Inc. in Windsor.
    (xxxiii) Trading Agreement and Order No. 8180A, Modification No. 2 
issued to Connecticut Jet Power LLC in Branford, Greenwich, and 
Torrington.
    (xxxiv) Trading Agreement and Order No. 8180A, Modification No. 3 
issued to Connecticut Jet Power LLC in Branford, Greenwich, and 
Torrington.
    (xxxv) Trading Agreement and Order No. 8181A, Modification No. 2 
issued to Devon Power LLC in Milford.
    (xxxvi) Trading Agreement and Order No. 8181A, Modification No. 3 
issued to Devon Power LLC in Milford.
    (xxxvii) Trading Agreement and Order No. 8219A, Modification No. 2 
issued to Devon Power LLC in Milford.
    (xxxviii) Trading Agreement and Order No. 8251A, Modification No. 2 
issued to Devon Power LLC in Milford.
    (xxxix) Trading Agreement and Order No. 8251A, Modification No. 3 
issued to Devon Power LLC in Milford.
    (xl) Trading Agreement and Order No. 8182A, Modification No. 2 
issued to Middleton Power LLC in Middleton.
    (xli) Trading Agreement and Order No. 8182A, Modification No. 3 
issued to Middleton Power LLC in Middleton.
    (xlii) Trading Agreement and Order No. 8213A, Modification No. 2 
issued to Middleton Power LLC in Middleton.
    (xliii) Trading Agreement and Order No. 8213A, Modification No. 3 
issued to Middleton Power LLC in Middleton.
    (xliv) Trading Agreement and Order No. 8214A, Modification No. 2 
issued to Middleton Power LLC in Middleton.
    (xlv) Trading Agreement and Order No. 8214A, Modification No. 3 
issued to Middleton Power LLC in Middleton.
    (xlvi) Trading Agreement and Order No. 8215A, Modification No. 2 
issued to Middleton Power LLC in Middleton.
    (xlvii) Trading Agreement and Order No. 8215A, Modification No. 3 
issued to Middleton Power LLC in Middleton.
    (xlviii) Trading Agreement and Order No. 8183A, Modification No. 2 
issued to Montville Power LLC in Montville.
    (xlix) Trading Agreement and Order No. 8183A, Modification No. 3 
issued to Montville Power LLC in Montville.
    (l) Trading Agreement and Order No. 8216A, Modification No. 2 
issued to Montville Power LLC in Montville.
    (li) Trading Agreement and Order No. 8216A, Modification No. 3 
issued to Montville Power LLC in Montville.
    (lii) Trading Agreement and Order No. 8217A, Modification No. 2 
issued to Montville Power LLC in Montville.
    (liii) Trading Agreement and Order No. 8217A, Modification No. 3 
issued to Montville Power LLC in Montville.
    (liv) Trading Agreement and Order No. 8184A, Modification No. 2 
issued to Norwalk Power LLC in Norwalk.
    (lv) Trading Agreement and Order No. 8184A, Modification No. 3 
issued to Norwalk Power LLC in Norwalk.
    (lvi) Trading Agreement and Order No. 8218A, Modification No. 2 
issued to Norwalk Power LLC in Norwalk.
    (lvii) Trading Agreement and Order No. 8218A, Modification No. 3 
issued to Norwalk Power LLC in Norwalk.
    (lviii) Trading Agreement and Order No. 8221A, Modification No. 1 
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
    (lix) Trading Agreement and Order No. 8221A, Modification No. 2 
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
    (lx) Trading Agreement and Order No. 8222A, Modification No. 1 
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
    (lxi) Trading Agreement and Order No. 8222A, Modification No. 2 
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
    (lxii) Trading Agreement and Order No. 8288 issued to Dominion 
Nuclear Connecticut, Inc. in Waterford.
    (lxiii) Trading Agreement and Order No. 8288, Modification No. 1 
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
    (lxiv) Trading Agreement and Order No. 8240, Modification No. 2 
issued to PSEG Power Connecticut LLC in New Haven.
    (lxv) Trading Agreement and Order No. 8240, Modification No. 3 
issued to PSEG Power Connecticut LLC in New Haven.
    (lxvi) Trading Agreement and Order No. 8243, Modification No. 1 
issued to PSEG Power Connecticut LLC in New Haven.
    (lxvii) Trading Agreement and Order No. 8243, Modification No. 2 
issued to PSEG Power Connecticut LLC in New Haven.
    (lxviii) Trading Agreement and Order No. 8241, Modification No. 2 
issued to PSEG Power Connecticut LLC in Bridgeport.
    (lxix) Trading Agreement and Order No. 8241, Modification No. 3 
issued to PSEG Power Connecticut LLC in Bridgeport.
    (lxx) Trading Agreement and Order No. 8244, Modification No. 2 
issued to PSEG Power Connecticut LLC in Bridgeport.
    (lxxi) Trading Agreement and Order No. 8244, Modification No. 3 
issued to PSEG Power Connecticut LLC in Bridgeport.
    (lxxii) Trading Agreement and Order No. 8253, Modification No. 2 
issued to PSEG Power Connecticut LLC in Bridgeport.
    (lxxiii) Trading Agreement and Order No. 8253, Modification No. 3 
issued to

[[Page 62381]]

PSEG Power Connecticut LLC in Bridgeport.
    (lxxiv) Trading Agreement and Order No. 8301 issued to PSEG Power 
LLC, PSEG Fossil LLC, and PSEG Power Connecticut LLC in Bridgeport.
    (lxxv) Trading Agreement and Order No. 8305 issued to PSEG Power 
LLC, PSEG Fossil LLC, and PSEG Power Connecticut LLC in New Haven and 
Bridgeport.
    (lxxvi) Trading Agreement and Order No. 8249, Modification No. 2 
issued to Capitol District Energy Center Cogeneration Associates in 
Hartford.
    (lxxvii) Trading Agreement and Order No. 8249, Modification No. 3 
issued to Capitol District Energy Center Cogeneration Associates in 
Hartford.
    (lxxviii) Trading Agreement and Order No. 8298 issued to Capitol 
District Energy Center Cogeneration Associates in Hartford.
    (lxxix) Trading Agreement and Order No. 8261, Modification No. 1 
issued to Algonquin Power Windsor Locks LLC in Windsor Locks.
    (lxxx) Trading Agreement and Order No. 8261, Modification No. 2 
issued to Algonquin Power Windsor Locks LLC in Windsor Locks.
    (lxxxi) Trading Agreement and Order No. 8299 issued to Algonquin 
Power Windsor Locks LLC in Windsor Locks.
    (lxxxii) Trading Agreement and Order No. 8269 issued to Cascades 
Boxboard Group Connecticut LLC in Versailles.
    (lxxxiii) Trading Agreement and Order No. 8269, Modification No. 1 
issued to Cascades Boxboard Group Connecticut LLC in Versailles.
    (lxxxiv) Trading Agreement and Order No. 8297 issued to Cascades 
Boxboard Group Connecticut LLC in Versailles.
    (lxxxv) Trading Agreement and Order No. 8272 issued to NE Hydro 
Generating Company in Preston.
    (lxxxvi) Trading Agreement and Order No. 8279 issued to First Light 
Hydro Generating Company in Preston.
    (lxxxvii) Trading Agreement and Order No. 8303 issued to First 
Light Hydro Generating Company in Preston.
    (lxxxviii) Trading Agreement and Order No. 8300 issued to NRG 
Energy, Inc., Middletown Power LLC, NRG Middletown Operations Inc., 
Montville Power LLC, NRG Montville Operations Inc., Norwalk Power LLC, 
NRG Norwalk Harbor Operations Inc., and Connecticut Jet Power LLC in 
Branford, Greenwich, Torrington, Middletown, Norwalk, Milford, and 
Montville.
    (lxxxix) Trading Agreement and Order No. 8306 issued to NRG Energy, 
Inc., Middletown Power LLC, NRG Middletown Operations Inc., Montville 
Power LLC, NRG Montville Operations Inc., Norwalk Power LLC, and NRG 
Norwalk Harbor Operations Inc. in Middletown, Montville, and Norwalk.
    (xc) Trading Agreement and Order No. 8110A issued to Yale 
University in New Haven.
* * * * *
[FR Doc. 2016-21453 Filed 9-8-16; 8:45 am]
 BILLING CODE 6560-50-P