[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Rules and Regulations]
[Pages 50953-50955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16010]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0223; FRL-10012-75-Region 1]


Air Plan Approval; Connecticut; Infrastructure State 
Implementation Plan Requirements for the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving most of 
the elements of a State Implementation Plan (SIP) revision submitted by 
the State of Connecticut that addresses the infrastructure requirements 
of the Clean Air Act (CAA or Act), excluding the interstate transport 
provisions, for the 2015 ozone National Ambient Air Quality Standards 
(NAAQS). We are conditionally approving several elements of 
Connecticut's SIP revision regarding air quality modeling requirements.
    The infrastructure requirements are designed to ensure that the 
structural

[[Page 50954]]

components of each state's air-quality management program, including 
provisions prohibiting emissions that will have certain adverse air-
quality effects in other states, are adequate to meet the state's 
responsibilities under the CAA. This action is being taken in 
accordance with the Clean Air Act.

DATES: This rule is effective on September 18, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2020-0223. 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 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. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On May 29, 2020, EPA published a Notice of Proposed Rulemaking 
(NPRM) to approve a Connecticut SIP revision addressing the 
infrastructure requirements of the Clean Air Act (CAA or Act)--
excluding the interstate transport provisions--for the 2015 ozone 
National Ambient Air Quality Standards (NAAQS). Connecticut submitted 
the formal SIP revision on September 7, 2018. The rationale for EPA's 
proposed action is given in the NPRM and will not be restated here. EPA 
received no public comments on the NPRM.

II. Final Action

    EPA is approving most of the elements of Connecticut's September 7, 
2018, infrastructure SIP submission for the 2015 ozone NAAQS)--
excluding section 110(a)(2)(D)(i)(I) (i.e., the Good Neighbor'' or 
``transport'' provisions)--as a revision to the Connecticut SIP.
    In addition, EPA is conditionally approving section 110(a)(2)(K) 
(Air quality modeling and data) as well as the PSD-related requirements 
of section 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J). The 
State must submit to EPA by August 19, 2021 the necessary revisions to 
RCSA section 22a-174-3a(i) needed to fully approve these elements.
    If the State fails to do so, this approval will become a 
disapproval on that date. EPA will notify the State by letter that this 
action has occurred. At that time, this commitment will no longer be a 
part of the approved Connecticut SIP. EPA subsequently will publish a 
notice in the notice section of the Federal Register notifying the 
public that the conditional approval automatically converted to a 
disapproval. If the State meets its commitment, within the applicable 
time frame, the conditionally approved submission will remain a part of 
the SIP until EPA takes final action approving or disapproving the 
necessary SIP revision. If EPA disapproves the new submittal, the 
conditionally approved sections 110(a)(2)(K) and the PSD-related 
requirements of sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 
110(a)(2)(J) will also be disapproved at that time. If EPA approves the 
submittal, sections 110(a)(2)(K) and the PSD-related requirements of 
section 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J) will be 
fully approved in their entirety and replace the conditionally approved 
elements in the SIP.
    If the conditional approval is converted to a disapproval, such 
action will trigger EPA's authority to impose sanctions under section 
110(m) of the CAA at the time EPA issues the final disapproval or on 
the date the State fails to meet its commitment. In the latter case, 
EPA will notify the State by letter that the conditional approval has 
been converted to a disapproval and that EPA's sanctions authority has 
been triggered. In addition, the final disapproval triggers the Federal 
implementation plan (FIP) requirement under section 110(c).

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);
     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

[[Page 50955]]

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 19, 2020. 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 20, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, the EPA amends Part 52 of 
chapter I, title 40 of the Code of Federal Regulations 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) (123) to read as 
follows:


Sec.  52.370   Identification of plan

* * * * *
    (c) * * *
    (123) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
September 7, 2018.
    (i) [Reserved]
    (ii) Additional materials.
    (A) The Connecticut Department of Energy and Environmental 
Protection document, ``Connecticut State Implementation Plan--Clean Air 
Act Section 110(a) Infrastructure Elements for the 2015 Ozone National 
Ambient Air Quality Standards,'' Final, September 7, 2018.
    (B) [Reserved]

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


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

* * * * *
    (e) The Connecticut Department of Energy and Environmental 
Protection submitted an infrastructure SIP for the 2015 ozone NAAQS on 
September 7, 2018. This infrastructure SIP is approved, with the 
exception of section 110(a)(2)(D)(i)(I), which will be addressed in a 
future rulemaking, and sections 110(a)(2)(K) and the PSD-related 
requirements of sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 
110(a)(2)(J), which are conditionally approved.
[FR Doc. 2020-16010 Filed 8-18-20; 8:45 am]
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