[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37053-37055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14828]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2021-0042; FRL-10024-87-Region 1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approve the 
December 20, 2019, submittal into the Connecticut SIP. This action is 
being taken in accordance with the Clean Air Act.

DATES: This rule is effective on August 13, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2021-0042. All documents in the docket

[[Page 37054]]

are listed on the https://www.regulations.gov website. Although listed 
in the index, some information is not publicly available, i.e., 
confidential business information (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: 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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 15, 2021 (86 FR 14299), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of Connecticut.
    The NPRM proposed approval of Connecticut's SIP revision, which 
replaced 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 proposed 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. Additionally, two compliance 
options were removed from RCSA section 22a-174-22e(g) in light of the 
revised definitions for emergency and emergency engine.
    The formal SIP revision was submitted by Connecticut on December 
20, 2019. The rationale for EPA's proposed action is explained in the 
NPRM and will not be restated here. There were no public comments 
received on the NPRM.

II. Final Action

    EPA is approving Connecticut's December 20, 2019 SIP revision 
request pertaining to its definitions for emergency and emergency 
engine and the removal of compliance options affected by the revised 
definitions.

III. 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 of the 
definitions for emergency and emergency engines and the removal of 
compliance options affected by the revised definitions described in the 
amendments to 40 CFR part 52 set forth below. The EPA has made, and 
will continue to make, these documents generally available through 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).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).

IV. 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: July 8, 2021.
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)(125) to read as 
follows:

[[Page 37055]]

Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (125) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on December 20, 
2019.
    (i) Incorporation by reference. (A) Regulations of Connecticut 
State Agencies Section 22a-174-22e, entitled ``Control of nitrogen 
oxide emissions from fuel-burning equipment at major stationary sources 
of nitrogen oxides,'' as amended October 8, 2019, as follows:
    (1) 22a-174-22e (a), Definitions; (12) ``emergency'' and (13) 
``emergency engine.''
    (2) 22a-174-22e (g), Compliance options; (4) and (6).
    3. In Sec.  52.385, Table 52.385 is amended by adding two entries 
in state citations for ``22a-174-22e'' between existing entries for 
``22a-174-22e: Control of nitrogen oxides . . .'' and ``22a-174-22f'' 
to read as follows:


Sec.  52.385  - EPA-approved Connecticut regulations.

* * * * *

                                     Table 52.385--EPA-Approved Regulations
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                                               Dates
                                    --------------------------     Federal
Connecticut State    Title/subject       Date         Date         Register      Section 52.370     Comments/
     citation                        adopted  by    approved       citation                        description
                                        State        by EPA
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                                                  * * * * * * *
22a-174-22e......  Definitions.....      10/8/19    7/14/2021  [Insert Federal  [Insert next     Definitions
                                                                Register         available        revised for
                                                                citation].       paragraph        ``emergency''
                                                                                 number in        and
                                                                                 sequence].       ``emergency
                                                                                                  engine.''
22a-174-22e......  Compliance            10/8/19    7/14/2021  [Insert Federal  [Insert next     Approve
                    options.                                    Register         available        subsection
                                                                citation].       paragraph        (g)(4) and
                                                                                 number in        (g)(6): Two
                                                                                 sequence].       compliance
                                                                                                  options
                                                                                                  relating to
                                                                                                  ISO-New
                                                                                                  England OP-4
                                                                                                  removed.
 
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[FR Doc. 2021-14828 Filed 7-13-21; 8:45 am]
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