[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Proposed Rules]
[Pages 38830-38831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13636]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0255; FRL-10011-23-Region 1]


 Air Plan Approval; Connecticut; Control of Particulate Matter 
and Visible Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Connecticut. This revision amends a Connecticut air-quality 
regulation for controlling particulate matter (PM) and visible 
emissions. The intended effect of this action is to define the process 
industries and activities to which this regulation applies, and to make 
technical corrections to an emission-rate calculation method. This 
action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before July 29, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0255 at https://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 https://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, Air and Radiation Division, 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 and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617) 
918-1684, 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. EPA's Evaluation of Connecticut's Regulation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On October 19, 2018, the Connecticut Department of Energy and 
Environmental Protection (DEEP) submitted a revision to its State 
Implementation Plan (SIP) for amendments to Regulations of Connecticut 
State Agencies (RCSA) section 22a-174-18, Control of particulate matter 
(PM) and visible emissions. The revision consists of amendments to 
subsections (c), (f), and (j) to define the process industries and 
activities to which this regulation applies, to make technical 
corrections to an emission-rate calculation method, and to make minor, 
non-substantive modifications in regulatory language.

II. EPA's Evaluation of Connecticut's Regulation

Background

    Connecticut first adopted regulations to limit PM and visible 
emissions from stationary sources, including among other sources, 
electric generating units (EGUs) and boilers, in the early 1970s. In 
1972, EPA approved ``Control of particulate emissions,'' into the 
Connecticut SIP. See 37 FR 10842. That regulation has since been 
recodified as Regulations of Connecticut State Agencies (RCSA) section 
22a-174-18.
    The most recent amendments to section 22a-174-18 were submitted by 
CT DEEP on December 1, 2004 and approved into the Connecticut SIP on 
July 16, 2014. See 79 FR 41427. Those amendments updated the State's 
visible emissions standards. Details of the State's December 2004 SIP 
submittal and the rationale for EPA's approval are explained in the 
August 15, 2013, notice proposed of rulemaking (NPRM). See 78 FR 49701. 
See Section II of that NPRM for a brief discussion of the relationships 
among ``visible emissions,'' ``opacity'' and ``particulate matter.''

2018 Amendments to RCSA Section 22a-174-18

    On October 19, 2018, Connecticut submitted to EPA revisions to RCSA 
section 22a-174-18. These revisions, which became effective in 
Connecticut on August 3, 2018, consist of revisions to subsections (c), 
(f), and (j) of RCSA section 22a-174-18 regarding the control of 
emissions of particulate matter from process industries. The revisions 
modify language and correct errors in the State's 2004 revision of RCSA 
section 22a-174-18, which was approved by EPA on July 16, 2014. See 79 
FR 41427.
    Specifically, the revisions clarify the types of industrial 
activities regulated by subsection (f) by adding a definition of 
``process industry'' in subsection (f).\1\ The revisions also simplify 
the method used in subsection (f) to calculate the allowable emission 
rate for process industries, clarify in subsection (c) that process 
industries subject to subsection (f) are not subject to subsection (c), 
and make minor, non-substantive changes in language to subsection 
(j).\2\
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    \1\ The definition of ``process industry'' is given as ``a 
business that is primarily concerned with processing of bulk 
material into other products.'' The revisions also define ``bulk 
material'' as dry material, such as, but not limited to, ore, coal, 
cereal, wood, sand, gravel or stone in loose, bulk form.''
    \2\ We note that as a matter of state law, Connecticut has also 
removed certain language from subsections (j)(1) and (2) in order to 
conform state law to the existing SIP. The removal of such language 
as a matter of state law has no impact on the Connecticut SIP or 
this action.
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    EPA has determined that Connecticut's revisions to RCSA section 
22a-174-18 are clarifications and corrections that improve the State's 
ability to implement the regulation. In addition, the submitted 
revisions to subsection (j) are non-substantive (e.g., changing 
``subdivision'' to ``subsection''). These revisions do not

[[Page 38831]]

result in any substantive change to the EPA-approved subsection (j). 
Therefore, EPA proposes to approve into the Connecticut SIP the 
revisions to subsections (c), (f), and (j) that CT DEEP submitted on 
October 19, 2018.

III. Proposed Action

    EPA is proposing to approve, and incorporate into the Connecticut 
SIP, the revisions to subsections (c), (f), and (j) of RCSA section 
22a-174-18, Control of Particulate Matter and Visible Emissions, 
effective on August 3, 2018, submitted to EPA on October 19, 2018.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to this 
proposed rule by following the instructions listed in the ADDRESSES 
section of this Federal Register.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference into the Connecticut SIP the Connecticut regulation 
referenced in Section III above. 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 proposed 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 proposed 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);
     Is not expected to be 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).

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: June 18, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-13636 Filed 6-26-20; 8:45 am]
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