[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18868-18871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08109]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0542; A-1-FRL-9952-93-Region 1]


Air Plan Approval; Connecticut; General Permit To Limit Potential 
To Emit From Major Stationary Sources of Air Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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 approves into the Connecticut SIP the 
provisions of Connecticut's ``General Permit to Limit Potential to Emit 
from Major Stationary Sources of Air Pollution'' (GPLPE) as they apply 
to the restriction of emissions of criteria pollutants for which EPA 
has established national ambient air quality standards. Separately, we 
are also approving the provisions of the GPLPE as it applies to the 
restriction of emissions of hazardous air pollutants (HAPs). The State 
issued the GPLPE on November 9, 2015. The permit imposes legally and 
practicably enforceable emissions limitations restricting eligible 
sources' potential to emit air pollutants. Such restrictions would 
generally allow eligible sources to avoid having to comply with 
reasonably available control technology (RACT) that would otherwise 
apply to major stationary sources, title V operating permit 
requirements, or other requirements that apply only to major stationary 
sources. This action is being taken in accordance with the Clean Air 
Act (CAA or the Act).

DATES: This direct final rule will be effective from June 23, 2017 to 
November 8, 2020, unless EPA receives adverse comments by May 24, 2017. 
If adverse comments are received, EPA will publish a timely withdrawal 
of the direct final rule in the Federal Register informing the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0542 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics, and 
Indoor Programs Unit, Office of Ecosystem Protection, 5 Post Office 
Square--Suite 100 (Mail code OEP05-2), Boston, MA 02109-3912, telephone 
617-918-1656, fax 617-918-0656, email [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. Evaluation of the GPLPE Under Section 110 of the Clean Air Act
III. Evaluation of the GPLPE Under Section 112 of the Clean Air Act
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    In a letter dated June 27, 2016, the State of Connecticut submitted 
a formal revision to its State Implementation Plan (SIP). The SIP 
revision consists of Connecticut's GPLPE as it relates to criteria 
pollutants. Federally-enforceable limits on criteria pollutants or 
their precursors (e.g., VOCs or PM-10) may have the incidental effect 
of limiting certain HAPs listed pursuant to section 112(b) of the Act. 
As a legal matter, no additional program approval by the EPA is 
required beyond SIP approval under section 110 in order for these 
criteria pollutant limits to be recognized as federally enforceable. 
However, section 112 of the Act provides the underlying authority for 
controlling all HAP emissions, regardless of their relationship to 
criteria pollutant controls.
    Connecticut's June 27, 2016 letter also requested that EPA approve 
the GPLPE under section 112(l) of the CAA, as the GPLPE relates to 
HAPs. The GPLPE was issued on November 9, 2015 and expires on November 
8, 2020. As noted earlier, the GPLPE is a general permit designed to 
limit air pollutant emissions from major stationary sources to below 
major source thresholds by including legally and practicably 
enforceable permit restrictions on potential and actual emissions.
    By letter dated August 18, 2016, CT DEEP withdrew from its June 27, 
2016 SIP submittal, all explicit and implicit \1\ references in the 
GPLPE to greenhouse gases (GHGs). The explicit references in the GPLPE 
are not being approved by EPA in this notice. In addition to those 
explicit references, to the extent that any provisions of, or 
definitions contained in, the GPLPE implicitly cover or address GHGs as 
a matter of state law, EPA's approval in this notice of the GPLPE 
specifically does not include such provisions or definitions in 
relation to GHGs. However, our approval excludes such definitions and 
provisions only insofar as, and to the extent that, they cover or 
address GHGs. To the extent that the same definitions and provisions 
implicitly address any and all other pollutants addressed by the GPLPE, 
those definitions and provisions are being approved into the SIP by EPA 
in this notice for purposes of those pollutants. In other words, EPA's 
approval of the GPLPE specifically excludes applicability of the

[[Page 18869]]

GPLPE to sources of GHGs for purposes of federal law consistent with 
the U.S. Supreme Court's decision addressing the application of PSD 
permitting requirements to GHG emissions. See Utility Air Regulatory 
Group v. Environmental Protection Agency, 134 S. Ct. 2427. This does 
not, however, affect applicability of the GPLPE to sources of GHGs for 
purposes of state law.
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    \1\ Certain terms used in the GPLPE are more fully defined in 
other parts of the State's SIP or Title V program regulations. To 
the extent that such terms are used in the GPLPE they would 
implicitly cover or address GHGs. These implicit references to GHGs 
also were withdrawn by Connecticut.
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    We note that inclusion in our approval of Section 7 of the GPLPE, 
entitled ``Commissioner's Powers,'' does not, as a matter of law, and 
is not intended to, supersede or in any way affect EPA's authority 
under the CAA in relation to enforcement or any other authority. Please 
note that if EPA receives adverse comment on an amendment, paragraph, 
or section of this rule and if that provision may be severed from the 
remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of an adverse comment.

II. Evaluation of the GPLPE Under Section 110 of the Clean Air Act

    As noted earlier, the State of Connecticut's principal purpose in 
issuing the GPLPE is to have a federally and practicably enforceable 
means of expeditiously restricting sources' potential and actual 
emissions of air pollutants, such that those eligible sources would no 
longer be required to comply with reasonably available control 
technology (RACT) that would otherwise apply to major stationary 
sources, title V operating permit requirements, or other requirements 
that only apply to major stationary sources. The operating permit 
provisions in title V of the Clean Air Act Amendments of 1990 created 
interest in mechanisms for limiting sources' potential to emit, thereby 
allowing eligible sources to avoid being defined as ``major'' with 
respect to title V operating permit programs. Please note, however, 
that a source that is eligible for coverage under the GPLPE may still 
need a title V operating permit if EPA promulgates a National Emissions 
Standard for Hazardous Air Pollutants (NESHAP) which requires non-major 
sources to obtain a title V permit.
    The GPLPE requires a permittee to submit a registration that 
includes, among other things, calculation of a source's potential and 
actual emissions of regulated air pollutants and a detailed description 
of the methodology used to calculate those actual and potential 
emissions. The methodology used by an eligible source must be selected 
from a preferential hierarchy of methodologies explicitly identified in 
the GPLPE. Under the GPLPE, facilities may register to be limited to 
emissions less than 50% of the title V operating permit program 
thresholds for a major source; or, alternatively, facilities with 
certain specified source categories may apply to be limited to 
emissions up to, but no more than, 80% of the title V operating permit 
program thresholds for a major source, provided the permittee conducts 
the additional specified monitoring and any other additional 
requirements required by the GPLPE for the relevant source category. 
Section 5 of the GPLPE contains emissions limitations, requirements for 
the source to calculate potential and actual emissions, monitoring 
requirements, recordkeeping requirements, and requires eligible sources 
to submit an annual compliance certification. This approach was 
developed in accordance with an EPA guidance document entitled 
``Options for Limiting Potential to Emit of a Stationary Source under 
Section 112 and Title V of the Clean Air Act,'' issued by John Seitz, 
Office of Air Quality Planning and Standards to EPA Air Division 
Directors, dated January 25, 1995. This guidance outlines various 
approaches to establishing federally-enforceable mechanisms to limit 
emissions from sources that wish to limit potential emissions to below 
major source levels.
    We note that Connecticut is not relying on the GPLPE's emissions 
limitations for any National Ambient Air Quality Standards (NAAQS) 
attainment demonstration purposes. The GPLPE has a permit term of five 
years and expires on November 8, 2020. Therefore, when the permit 
expires as a matter of state law on November 8, 2020, the permit also 
will no longer be an enforceable part of the Connecticut SIP for 
purposes of federal law.
    The GPLPE satisfies the criteria necessary for EPA's approval as a 
SIP revision under section 110 of the CAA. The GPLPE contains legally 
enforceable limitations on emissions that are also federally and 
practicably enforceable. As noted earlier, Connecticut is also seeking 
approval of the GPLPE under section 112(l) of the CAA for the purpose 
of limiting an eligible source's potential and actual emissions of 
HAPs. The following is a discussion of EPA's criteria for approval of 
the GPLPE under section 112(l).

III. Evaluation of the GPLPE Under Section 112 of the Clean Air Act

    The state of Connecticut has also requested approval of its GPLPE 
under section 112(l) of the Act for the purpose of creating federally 
enforceable limitations on the potential to emit of HAPs. Approval 
under section 112(l) is necessary because the SIP approval discussed 
above, pursuant to section 110 of the Act, does not extend to HAPs. 
Approval pursuant to section 112(l) of the Act will render the GPLPE 
federally enforceable for sources of HAPs.
    In order for EPA to approve the Connecticut GPLPE for limiting the 
potential to emit of HAPs, the GPLPE must meet the statutory criteria 
for approval under section 112(l)(5) of the Act. In a July 10, 1996 
Federal Register notice EPA revised 40 CFR part 63, subpart E, to 
provide for approval of programs designed to limit sources' potential 
to emit HAPs under the authority of section 112(l) of the CAA. A state 
must demonstrate that it has satisfied the general approval criteria 
contained in 40 CFR 63.91(d). The process of providing ``up-front 
approval'' assures that a state has met the criteria in Section 
112(l)(5) of the CAA (as codified in 40 CFR 63.91(d)). That is, that 
the state has demonstrated that its program contains adequate 
authorities to assure compliance with each applicable Federal 
requirement, adequate resources for implementation, and an expeditious 
compliance schedule. Under 40 CFR 63.91(d) (3), interim or final title 
V operating permit program approval satisfies the criteria set forth in 
40 CFR 63.91(d) for ``up-front approval.'' On May 13, 2002, EPA granted 
full approval of Connecticut's title V operating permit program. See 67 
FR 31966. Accordingly, the EPA is approving the Connecticut GPLPE 
pursuant to 40 CFR part 63, subpart E and section 112(l) of the Act 
because the program meets the applicable approval criteria in section 
112(l)(5) of the Act and 40 CFR 63.91.

IV. Final Action

    EPA is approving Connecticut's GPLPE as a revision to the State's 
SIP with respect to criteria pollutants and is separately approving the 
GPLPE under section 112(l) of the Act with respect to HAPs. The GPLPE 
was issued on November 9, 2015 and has an expiration date of November 
8, 2020. EPA is not taking any action on any implicit or explicit 
references to GHGs contained in the GPLPE (which Connecticut withdrew 
from the June 27, 2016 SIP submittal). EPA is approving Connecticut's 
request in accordance with the requirements of sections 110 and 112 of 
the CAA.
    The EPA is publishing this action 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

[[Page 18870]]

publication, EPA is publishing a separate document that will serve as 
the proposal to approve the SIP revision should relevant adverse 
comments be filed. This rule will be effective June 23, 2017 without 
further notice unless the Agency receives relevant adverse comments by 
May 24, 2017.
    If the EPA receives such comments, then EPA will publish a notice 
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 proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on June 23, 2017 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
General Permit to Limit Potential to Emit from Major Stationary 
Sources, issuance date November 9, 2015, except for all provisions 
related to greenhouse gases which Connecticut withdrew from 
consideration as part of the SIP as described in the amendments to 40 
CFR part 52 set forth below. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov, 
and/or at the EPA Region 1 Office (please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).

VI. 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. EPA will submit a report containing this action 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 June 23, 2017. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Volatile organic compounds.

    Dated: April 10, 2017.
Deborah A. Szaro,
Acting 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]

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 52.370 is amended by adding paragraph (c)(114) to read as 
follows:

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Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (114) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on June 
27, 2016 and August 18, 2016.
    (i) Incorporation by reference.
    (A) General Permit to Limit Potential to Emit from Major Stationary 
Sources, issuance date November 9, 2015, except for the provisions 
listed below, related to greenhouse gases which Connecticut withdrew 
from consideration as part of the SIP.
    (1) In Section 2, the definitions for ``Carbon Dioxide Equivalent 
Emissions'' or ``CO2'', ``Greenhouse Gases'' or ``GHG'', 
``Hydroflourocarbon'' or ``HFC'', and ``Perfluorocarbon'' or ``PFCs'' 
in paragraph (a);
    (2) In Sections 4 and 5, the words ``excluding GHG which are 
limited to less than 100% of Title V source threshold as defined in 
section 22a-174-33(a)(10)(F)(iv) of the Regulations of Connecticut 
State Agencies'' in paragraphs (4)(c)(2)(E)(i) and (ii), 4(c)(2)(J), 
4(d)(1), and 4(g)(5)(A) and (B); and 5(a)(1) and (2);
    (3) In Section 5, the words ``excluding GHG which are limited to 
less than 100% of Title V source threshold'' in the introductory 
paragraph;
    (4) In Section 5, paragraphs 5(b)(2)(A)(vi) and 5(b)(2)(B)(i);
    (5) In Section 5, the words ``and (vi)'' in paragraph 
5(b)(2)(A)(vii); and
    (6) In Section 5, the words ``other than GHG'' in paragraphs 
5(b)(2)(B)(ii) and (iii).

[FR Doc. 2017-08109 Filed 4-21-17; 8:45 am]
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