[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37013-37015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16487]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0198; A-1-FRL-9965-52-Region 1]


Air Plan Approval; Connecticut; Infrastructure Requirement for 
the 2010 Sulfur Dioxide National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving one 
aspect (the remaining portion) of a State Implementation Plan (SIP) 
revision submitted on May 30, 2013 by the State of Connecticut. This 
revision addresses the interstate transport requirements of the Clean 
Air Act (CAA), referred to as the good neighbor provision, with respect 
to the 2010 sulfur dioxide (SO2) national ambient air 
quality standard (NAAQS). This action approves Connecticut's 
demonstration that the State is meeting its obligations regarding the 
transport of SO2 emissions into other states. This action is 
being taken under the Clean Air Act.

DATES: This rule is effective on September 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0198. All documents in the docket 
are listed on the https://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

[[Page 37014]]

form. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Permits, Toxics and Indoor Air Programs Unit, 5 Post Office Square--
Suite 100, 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 Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, Air Permits, Toxics and 
Indoor Programs Units, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 5 Post Office Square--Suite 100, (Mail code 
OEP05-2), Boston, MA 02109-3912, (617) 918-1657; email at 
[email protected].

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

Table of Contents

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

I. Background and Purpose

    On May 30, 2013, the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) submitted a revision to its SIP, 
certifying that its SIP meets the requirements of section 110(a)(2) of 
the CAA with respect to the 2010 SO2 NAAQS (infrastructure 
SIP). On June 3, 2016 (81 FR 35636), EPA took final action on CT DEEP's 
certification that its SIP was adequate to meet the program elements 
required by section 110(a)(2) of the CAA with respect to the 2010 
SO2 NAAQS. However, at that time, EPA did not take action on 
CT DEEP's certification that its SIP met the requirements of section 
110(a)(2)(D)(i)(I), the good neighbor provision.
    On May 8, 2017 (82 FR 21351), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Connecticut 2010 SO2 NAAQS 
infrastructure SIP as it pertains to section 110(a)(2)(D)(i)(I) of the 
CAA. The specific requirements of this infrastructure SIP element and 
the rationale for EPA's proposed action on the State's submittal is 
explained in the NPR and will not be restated here. No public comments 
were received on the NPR.

II. Final Action

    EPA is approving the remainder of the May 30, 2013 SIP submission 
from Connecticut certifying that the State's current SIP is sufficient 
to meet the required infrastructure elements under section 
110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS.

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. 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 October 10, 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. 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, Sulfur oxides.

    Dated: July 12, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

    40 CFR part 52 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:


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

Subpart H--Connecticut

0
2. Section 52.386 is amended by redesignating the undesignated 
paragraph as paragraph (a) and adding paragraph (b) to read as follows:


Sec.  52.386  Section 110(a)(2) infrastructure requirements.

* * * * *
    (b) On May 30, 2013, the State of Connecticut submitted a State 
Implementation Plan (SIP) revision addressing the Section 
110(a)(2)(D)(i)(I) interstate transport requirements of the Clean Air 
Act for the 2010 SO2 National Ambient Air Quality Standards 
(NAAQS). EPA has found that Connecticut's May 30, 2013 submittal meets 
the requirements of Section 110(a)(2)(D)(i)(I) for the 2010 
SO2 NAAQS.

[FR Doc. 2017-16487 Filed 8-7-17; 8:45 am]
 BILLING CODE 6560-50-P