[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37437-37440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16431]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0065; FRL-9979-40--Region 1]


Air Plan Approval; Connecticut; Infrastructure State 
Implementation Plan Requirements; Prevention of Significant 
Deterioration Permit Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a State Implementation Plan (SIP) submission from 
Connecticut regarding the infrastructure requirements of the Clean Air 
Act (CAA or Act) for the 2012 fine particle (PM2.5) National 
Ambient Air Quality Standards (NAAQS), and a SIP submission addressing 
interstate transport requirements of the CAA for the 2006 
PM2.5 NAAQS. In addition, we are approving one statute 
included in the SIP for the 2012 PM2.5 NAAQS. The 
infrastructure requirements are designed to ensure that the structural 
components of each state's air quality management program are adequate 
to meet the state's responsibilities under the CAA. The EPA is also 
approving revisions to the SIP submitted by Connecticut on October 18, 
2017, satisfying Connecticut's earlier commitment to adopt and submit 
provisions that meet certain requirements of the federal Prevention of 
Significant Deterioration (PSD) permit program. In addition, we are 
converting the June 3, 2016 conditional approval to full approval for 
elements of Connecticut's infrastructure SIP regarding PSD requirements 
to treat nitrogen oxides (NOX) as a precursor to ozone and 
to establish a minor source baseline date for PM2.5 
emissions for the 1997 and 2006 PM2.5, 1997 and 2008 ozone, 
2008 lead, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS. This 
action is being taken under the Clean Air Act.

DATES: This rule is effective on August 31, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2017-0065. All documents in the docket 
are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning 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: Alison C. Simcox, Air Quality Unit, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, tel. (617) 918-1684; [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. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 19, 2018 (83 FR 11933), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of Connecticut. The NPRM proposed 
approval of three formal SIP submissions from the Connecticut 
Department of Energy and Environmental Protection (CT DEEP). These 
included a SIP revision addressing the ``Good Neighbor'' (or 
``transport'') (Section 110(a)(2)(D)(i)(I) of the CAA) provisions for 
the 2006 PM2.5 \1\ NAAQS submitted on August 19, 2011, and 
an infrastructure SIP (including the transport provisions) for the 2012 
PM2.5 NAAQS submitted on December 14, 2015. In addition, on 
October 18, 2017, CT DEEP submitted a SIP revision addressing 
applicable requirements for the PSD permit program in Part C of the CAA 
that are codified in 40 CFR 51.166.
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    \1\ PM2.5 refers to particulate matter of 2.5 microns 
or less in diameter, often referred to as ``fine'' particles.
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    This rulemaking does not cover three substantive areas that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources (``SSM'' emissions) that 
may be contrary to the CAA and EPA's policies addressing such excess 
emissions; (ii) existing provisions related to ``director's variance'' 
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without 
requiring further approval by EPA, that may be contrary to the CAA 
(``director's discretion''); and, (iii) existing provisions for 
Prevention of Significant Deterioration (PSD) programs that may be 
inconsistent with current requirements of EPA's ``Final New Source 
Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 2002), as 
amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA 
has the authority to address each one of these substantive areas 
separately. A

[[Page 37438]]

detailed history, interpretation, and rationale for EPA's approach to 
infrastructure SIP requirements can be found in EPA's May 13, 2014, 
proposed rule entitled, ``Infrastructure SIP Requirements for the 2008 
Lead NAAQS'' in the section, ``What is the scope of this rulemaking?'' 
See 79 FR 27241 at 27242-45.
    The rationale for EPA's proposed action is explained in the NPR and 
will not be restated here.

II. Response to Comments

    EPA received 12 comments during the comment period, three of which 
are essentially identical. The nine distinct comments discuss subjects 
outside the scope of an infrastructure SIP action, do not explain (or 
provide a legal basis for) how the proposed action should differ in any 
way, and make no specific mention of the proposed action. As such, they 
are not germane.
    Only the three identical comments make direct reference to the 
proposed rule or to Connecticut's SIP, but even these comments lack 
specificity and are unclear. They state that, ``as much as the rule 
gives clear mandate and responsibility of the state in SIP [sic], it 
does not give out the responsibilities of other agencies and 
stakeholders in absolute terms.'' The comments, however, provide no 
further explanation for this statement, such as articulating what 
particular ``responsibilities'' the SIP should, but does not currently, 
``give out,'' offering any ``absolute terms'' to be included, or 
providing any specifics regarding the ``other agencies and 
stakeholders.'' Moreover, it is not even clear that the commenter(s) 
opposes EPA's proposed approval of Connecticut's submittals. In short, 
most of the comments are not germane and none of them provide a cogent 
explanation of how the proposed action should differ in any way nor any 
relevant legal basis for any changes. Consequently, the comments 
require no further response, and we are finalizing the action as 
proposed.

III. Final Action

    EPA is approving Connecticut's infrastructure SIP submittal for the 
2012 PM2.5 NAAQS, as well as the transport provisions (CAA 
section 110(a)(2)(D)(i)(I)) of the state's infrastructure SIP submittal 
for the 2006 PM2.5 NAAQS as revisions to the Connecticut 
SIP. EPA is also approving, into the Connecticut SIP, revisions to the 
PSD permit program pertaining to treating NOX as a precursor 
to ozone (RCSA Section 22a-174-3a(k)(1)(C)) and establishing a minor 
source baseline date for PM2.5 (RCSA Section 22a-174-1(71)). 
Additionally, EPA is approving revised CGS section 16a-21a, ``Sulfur 
content of home heating oil and off-road diesel fuel. Suspension of 
requirements for emergency. Enforcement.'' effective July 1, 2015. 
Finally, we are converting to full approval the June 3, 2016 
conditional approval of Connecticut's infrastructure SIP submittals for 
the PSD-related requirements in section 110(a)(2)(C), (D)(i)(II), and J 
for the 1997 and 2006 PM2.5, 1997 and 2008 ozone, 2008 lead, 
2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS.

IV. 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 Statutes of Connecticut and state regulations described in the 
amendments to 40 CFR part 52 set forth below. Specifically, EPA is 
finalizing the incorporation by reference of Connecticut General 
Statute Title 16a, Chapter 296, Section 16a-21a, and state regulations, 
namely the provisions at Regulation 22a-174-1(71) and at 22a-174-
3a(k)(1)(C). The EPA has made, and will continue to make, these 
documents generally available through https://www.regulations.gov and 
at the EPA Region 1 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. 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);
     This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.
     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).

[[Page 37439]]

    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 1, 2018. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 26, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.

    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 52.370 is amended by adding paragraphs (c)(103)(i)(C) and 
(c)(118) to read as follows:


Sec.  52.370   Identification of plan.

* * * * *
    (c) * * *
    (103) * * *
    (i) * * *
    (C) Connecticut General Statute Section16a-21a, which was approved 
in paragraph (c)(103)(i)(B) of this section, is removed and replaced by 
Connecticut General Statute 16a-21a, see paragraph (c)(118)(i)(A) of 
this section.
* * * * *
    (118) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on August 
19, 2011, December 14, 2015, and October 18, 2017.
    (i) Incorporation by reference. (A) ``Definitions,'' Regulation 
22a-174-1(71), the definition of ``Minor source baseline date,'' 
amended October 5, 2017.
    (B) ``Permit to Construct and Operate Stationary Sources,'' 
Regulation 22a-174-3a(k)(1)(C), amended October 5, 2017.
    (C) Connecticut General Statute, Title 16a, ``Planning and Energy 
Policy,'' Chapter 296, ``Operation of Fuel Supply Business,'' Section 
16a-21a, ``Sulfur content of home heating oil and off-road diesel fuel. 
Suspension of requirements for emergency. Enforcement,'' effective July 
1, 2015, as published in the State of Connecticut General Statutes, 
Revision of 1958, Revised to January 1, 2017.
    (ii) Additional materials. (A) The Connecticut Department of Energy 
and Environmental Protection document, ``Addendum to the CAA Sec.  
110(a)(2)(D)(i)(I) Portion of Connecticut's Infrastructure Submittal 
for the 2006 PM2.5 NAAQS,'' August 19, 2011.
    (B) The Connecticut Department of Energy and Environmental 
Protection document, ``Connecticut State Implementation Plan for Clean 
Air Act Section 110(a) Infrastructure Elements: 2012 PM2.5 
NAAQS,'' December 14, 2015.
    (C) The Connecticut Department of Energy and Environmental 
Protection document, State Implementation Plan Revision Concerning the 
Consumer Products, Architectural and Industrial Maintenance Coatings 
and Prevention of Significant Deterioration Permit Programs,'' October 
18, 2017.


 Sec.  52.380  [Amended]

0
3. Section 52.380 is amended by:
0
a. Under paragraph (e)(2), removing the text ``Note 1 to paragraphs (f) 
through (h)'' and adding in its place ``Note 1 to paragraphs (f) 
through (g)''; and
0
 b. Removing and reserving paragraph (h).

0
4. In Sec.  52.385, Table 52.385 is amended by adding entries for state 
citations 22a-174-1 and 22a-174-3a in numerical order by state citation 
and date approved by EPA and revising the entry for state citation 
Section 16a-21a to read as follows:


 Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
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                                                                         Dates
                                                           --------------------------------  Federal  Register
   Connecticut state citation           Title/subject        Date adopted    Date approved        citation       Section 52.370   Comments/ description
                                                               by state         by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
22a-174-1.......................  Definitions.............        10/05/17        08/01/17  [Insert Federal             c (118)  Modified definition of
                                                                                             Register citation].                  ``minor source
                                                                                                                                  baseline date'' for
                                                                                                                                  purposes of adding
                                                                                                                                  PM2.5.
 
                                                                      * * * * * * *
22a-174-3a......................  Permit to Construct and         10/05/17        08/01/17  [Insert Federal             c (118)  Amendment of subsection
                                   Operate Stationary                                        Register citation].                  (k)(1)(C).
                                   Sources.
 
                                                                      * * * * * * *
Connecticut General Statutes      Sulfur content of home          07/01/15        08/01/17  [Insert Federal             c (118)  Allowable sulfur
 Section 16a-21a.                  heating oil and off                                       Register citation].                  content of fuels
                                   road diesel fuel.                                                                              provided. Criteria for
                                   Suspension of                                                                                  suspension of
                                   requirements for                                                                               requirements and for
                                   emergency. Enforcement.                                                                        enforcement
                                                                                                                                  identified.

[[Page 37440]]

 
 
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0
5. Section 52.386 is amended by adding paragraph (c) to read as 
follows:


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

* * * * *
    (c) The Connecticut Department of Energy and Environmental 
Protection submitted the following infrastructure SIPs on these dates: 
2006 PM2.5 NAAQS--August 19, 2011 (CAA section 
110(a)(2)(D)(i)(I) transport provisions), and 2012 PM2.5 
NAAQS--December 14, 2015. These infrastructure SIPs are approved. Also 
with respect to the 1997 and 2006 PM2.5, 1997 and 2008 
ozone, 2008 lead, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS, 
elements related to PSD, which are in CAA section 110(a)(2)(C), 
(D)(i)(II), and (J) and were previously conditionally approved, are now 
approved.

[FR Doc. 2018-16431 Filed 7-31-18; 8:45 am]
 BILLING CODE 6560-50-P