[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.
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(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.
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[FR Doc. 2016-21453 Filed 9-8-16; 8:45 am]
BILLING CODE 6560-50-P