[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4338-4339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02111]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0212; FRL-9984-75-Region 1]


Air Plan Approval; Connecticut; Prevention of Significant 
Deterioration; Revisions to the Prevention of Significant Deterioration 
Greenhouse Gas Permitting Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of 
Connecticut. This revision affects provisions applicable to greenhouse 
gases (GHGs) in the EPA's Prevention of Significant Deterioration (PSD) 
permit program. Connecticut requested the revision in response to the 
June 23, 2014, U.S. Supreme Court's decision in Utility Air Regulatory 
Group (UARG) v. EPA and the April 10, 2015, Amended Judgment by the 
United States Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) in Coalition for Responsible Regulation v. EPA. The 
intended effect of this action is to clarify that the State's PSD rules 
do not require a source to obtain a permit solely because the source 
emits or has the potential to emit (PTE) GHGs: Above the PSD 
applicability thresholds for new major sources or for which there is a 
significant emissions increase from a modification. This action is 
being taken in accordance with the Clean Air Act.

DATES: This rule is effective on March 18, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R01-OAR-2018-0212. 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 
Region 1, Office of Ecosystem Protection, Air Permits, Toxics, and 
Indoor Programs Unit, 5 Post Office Square--Suite 100, Boston, MA. The 
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 Unit, U.S. Environmental Protection Agency, EPA Region 
1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 
02109-3912, tel. (617) 918-1657, email [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 June 15, 2018 (83 FR 27936), the EPA published a Notice of 
Proposed Rulemaking (NPRM) for the State of Connecticut. The NPRM 
proposed approval of removing the requirement that a source would have 
to obtain a PSD permit solely due to its GHG emissions, commonly known 
as ``Step 2'' sources. The formal SIP revision was submitted by 
Connecticut on February 15, 2018. The rationale for the EPA's proposed 
action is explained in the NPRM and will not be restated here.

II. Response to Comments

    The EPA received four comments during the comment period. One 
comment supported the EPA's proposed action. Three comments discuss 
subjects outside the scope of this 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, 
these three comments are not germane and do not require further 
response to finalize the action as proposed.

III. Final Action

    The EPA is approving Connecticut's removal from Connecticut's SIP 
of the requirement that sources must obtain a PSD permit based solely 
on a source's GHG emissions.

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 revisions to 
RSCA Section 22a-174-3a(a)(1) entitled ``Applicability,'' RSCA Section 
22a- 174-3a(j)(1) for when control technology applies, and RSCA 
Sections 22a-174-3a(k)(1) and (2) regarding applicability of GHGs for 
major stationary sources and major modifications, in the amendments to 
40 CFR part 52 set forth below. All three state regulations were 
effective February 8, 2018. The EPA has made, and will continue to 
make, these documents generally available electronically through 
https://www.regulations.gov.

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, the 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

[[Page 4339]]

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 the 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 the 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. The 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 April 16, 2019. 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: February 7, 2019.
Deborah Szaro,
 Acting 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 paragraph (c)(120) to read as 
follows:


 Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (120) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
February 28, 2018.
    (i) Incorporation by reference. (A) Regulations of Connecticut 
State Agencies, Section 22a-174-3a, ``Permit to Construct and Operate 
Stationary Sources,'' amended February 8, 2018:
    (1) 22a-174-3a(a)(1), ``Applicability and Exemptions,'' except 
(a)(1)(C) and (G);
    (2) 22a-174-3a(j)(1), ``Best Available Control Technology (BACT);'' 
and
    (3) 22a-174-3a(k)(1) and (2), ``Permit Requirements for Attainment 
Areas: Prevention of Significant Deterioration of Air Quality (PSD) 
Program.''

0
3. In Sec.  52.385, Table 52.385 is amended by adding an entry for 
state citation 22a-174-3a in numerical order by state citation and date 
approved by EPA to read as follows:


Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                     Table 52.385--EPA-Approved Regulations
----------------------------------------------------------------------------------------------------------------
                                                 Dates
                                      --------------------------
 Connecticut State     Title/subject       Date         Date     Federal Register    Section        Comments/
      citation                          adopted by  approved by      citation         52.370       description
                                          State         EPA
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
22a-174-3a.........  Permit to            2/8/2018    2/15/2019  [Insert Federal      (c)(120)  Revised section
                      Construct and                               Register                       22a-174-3a(a)(1
                      Operate                                     citation].                     ) entitled
                      Stationary                                                                 ``Applicability
                      Sources.                                                                   ,'' section 22a-
                                                                                                 174-3a(j)(1)
                                                                                                 for when
                                                                                                 control
                                                                                                 technology
                                                                                                 applies, and
                                                                                                 sections 22a-
                                                                                                 174-3a(k)(1)
                                                                                                 and (2)
                                                                                                 regarding
                                                                                                 applicability
                                                                                                 of GHGs for
                                                                                                 major
                                                                                                 stationary
                                                                                                 sources and
                                                                                                 major
                                                                                                 modifications.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-02111 Filed 2-14-19; 8:45 am]
BILLING CODE 6560-50-P