[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
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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
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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]
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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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