[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Proposed Rules]
[Pages 14299-14300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05164]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2010-0042; FRL-10021-29-Region 1]


Air Plan Approval; Connecticut; Definitions of Emergency and 
Emergency Engine

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 on December 20, 2019. This revision amends the 
State's definitions of ``emergency'' and ``emergency engine'' in its 
air quality regulations. The intended effect of this action is to 
propose approval of the December 20, 2019, submittal into the 
Connecticut SIP. This action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before April 14, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2021-0042 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: John Creilson, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109, tel. (617) 918-
1688, 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. Connecticut's SIP Revision
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On December 20, 2019, the Connecticut Department of Energy and 
Environmental Protection (DEEP) submitted a revision to its State 
Implementation Plan (SIP) to add a recent amendment to Connecticut's 
air quality regulations concerning the definitions of ``emergency'' and 
``emergency engine,'' which became effective as state law on October 8, 
2019.
    Effective June 1, 2018, the Independent System Operator for New 
England (ISO-NE) revised its Operating Procedure No. 4 to reflect 
changes in how demand response generating units are compensated in the 
energy markets. Since 2005, DEEP has referred to ISO-NE's Operating 
Procedure No. 4 to describe certain circumstances under which an 
electric generating unit is classified as an emergency unit within its 
air quality regulations. Due to the ISO-NE's revisions, references to 
Operating Procedure No. 4 in Connecticut's air quality regulations no 
longer produce the desired result in classifying electric generating 
units as emergency units for air quality purposes. Classification as an 
emergency unit means that the unit can only operate during capacity 
deficiencies (true reliability emergencies) and exempts the unit from 
meeting certain air quality requirements. Retaining the existing 
reference could create confusion in the regulated community and allow 
an increase in emissions if an emission unit owner not entitled to an 
emergency classification claimed emergency status to avoid expensive 
pollution controls.

II. Connecticut's SIP Revision

    On December 20, 2019, the Connecticut Department of Energy and 
Environmental Protection (DEEP) submitted a SIP revision to EPA. The 
SIP revision replaces two definitions within the previously approved 
Regulations of Connecticut State Agencies (RCSA) Section 22a-174-22e, 
Control of NOX Emissions from Fuel-burning Equipment at 
Major Stationary Sources of NOX. The revision proposes to 
add to the State's SIP a recent amendment to 22a-174-22e concerning the 
definitions of ``emergency'' and ``emergency engine,'' which became 
effective as a state requirement on October 8, 2019. On the whole, this 
action will make Connecticut's definition of these terms consistent 
with the revisions to ISO-NE Operating Procedure No. 4 to reflect 
changes in how demand response generating units are compensated in the 
energy markets and will have a beneficial effect on air quality by 
reducing NOX emissions.
    Specifically, this action adjusts the definitions of ``emergency'' 
and ``emergency engine'' in RCSA section 22a-174-22e(a) to remove 
references to Operating Procedure No. 4 (OP-4). Additionally, two 
compliance options

[[Page 14300]]

that rely on Operating Procedure No. 4 were removed from RCSA section 
22a-174-22e(g). The compliance options removed had allowed, pursuant to 
a now outdated version of ISO New England's OP-4, turbines or engines 
that do not meet the NOX emissions limits of section 22a-
174-22e to be called upon to operate during times of an electrical 
capacity deficiency. However, ISO New England has removed this 
provision from its OP-4, making these provisions within Connecticut's 
regulation obsolete. Removal of these provisions from the Connecticut 
SIP is consistent with the anti-backsliding provision of section 110(l) 
of the CAA because their removal strengthens the SIP by increasing the 
emission reduction potential of the rule by removing provisions that 
allowed certain high emitting equipment to operate during periods of an 
electrical capacity deficiency.

III. Proposed Action

    EPA is proposing to approve the revision to the definitions of 
``emergency'' and ``emergency engine,'' and to also approve related 
provisions in Connecticut's air pollution control regulations affected 
by this change, as discussed in section II. Connecticut submitted this 
SIP revision to EPA on December 20, 2019. 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 Connecticut's revision to the definitions of ``emergency'' 
and ``emergency engine,'' and to also approve related provisions in 
Connecticut's air pollution control regulations affected by this change 
as discussed in section II. 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 Orders12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, Incorporation by 
reference, Nitrogen dioxide, Ozone.

    Dated: March 8, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-05164 Filed 3-12-21; 8:45 am]
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