[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Proposed Rules]
[Pages 17052-17057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06206]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2022-0113; FRL-9656-01-R1]


Air Plan Approval; Connecticut; State Implementation Plan 
Revisions Required by the 2008 and 2015 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of State Implementation Plan (SIP) revisions submitted by the 
State of Connecticut for purposes of implementing the 2008 and 2015 
ozone National Ambient Air Quality Standards (NAAQS). The SIP revisions 
consist of a demonstration that Connecticut meets the requirements of 
reasonably available control technology (RACT) for the two precursors 
for ground-level ozone, oxides of nitrogen (NOX) and 
volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA, 
or the Act) with respect to the 2008 and 2015 ozone standards. We are 
also proposing approval of a Consent Order that establishes 
NOX RACT requirements for facilities operated by NRG 
Connecticut. Additionally, we are proposing approval of Connecticut's 
certification that it meets the nonattainment new source review (NNSR) 
requirements of the CAA for purposes of the 2008 and 2015 ozone 
standards. This action is being taken in accordance with the CAA.

DATES: Written comments must be received on or before April 25, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2022-0113 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.

[[Page 17053]]


FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, Suite 100 (mail code 05-2), Boston, MA 02109-
3912, telephone number (617) 918-1046, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. The following outline is 
provided to aid in locating information in this preamble.

I. Background
II. Summary and Evaluation of Connecticut's SIP Revisions
    a. RACT Certifications and Consent Order No. 8377
    b. NNSR Certifications
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On December 21, 2020, the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) submitted revisions to its SIP to 
EPA. The SIP revisions consist of information documenting how 
Connecticut complied with the RACT \1\ requirements for the 2015 ozone 
standard, and a certification that it also meets the RACT requirements 
for areas classified as serious for the 2008 ozone standard. 
Connecticut's submittal includes an order issued by the State that 
establishes NOX RACT requirements for facilities owned by 
NRG Connecticut. The State also included within the December 21, 2020, 
submittal a certification that its SIP meets the requirements for NNSR 
permitting for purposes of the 2008 and 2015 ozone NAAQS.
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    \1\ RACT is defined as ``the lowest emission limitation that a 
particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility.'' (44 FR 53762, September 
17, 1979).
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    Sections 172(c)(1) and 182(b)(2) of the CAA require states to 
implement RACT in areas classified as moderate (and higher) non-
attainment for ozone, while section 184(b)(1)(B) of the Act requires 
RACT in states located in the Ozone Transport Region (OTR). 
Specifically, these areas are required to implement RACT for all major 
VOC and NOX emissions sources and for all sources covered by 
a Control Techniques Guideline (CTG). A CTG is a document issued by EPA 
which establishes a ``presumptive norm'' for RACT for a specific VOC 
source category. A related set of documents, Alternative Control 
Techniques (ACT) documents, exists primarily for NOX control 
requirements. States must submit rules, or negative declarations when 
no such sources exist, for CTG source categories. The ACT documents 
were issued to help States determine RACT for major sources of 
NOX, but States do not have to submit negative declarations 
for ACTs if they have no sources covered by them. However, states must 
ensure that a RACT level of control is imposed on major sources of 
NOX, some of which may be within a sector covered by an ACT 
document.
    In 2008, EPA revised the health-based NAAQS for ozone, setting it 
at 0.075 parts per million (ppm) averaged over an 8-hour time frame. 
EPA determined that the revised 8-hour standard would be more 
protective of human health, especially for children and adults who are 
active outdoors and individuals with a pre-existing respiratory disease 
such as asthma. On May 21, 2012, EPA published a final rule 
establishing designations and classifications for the 2008 ozone 
standard for most areas of the country, including Connecticut (See 77 
FR 30088, May 21, 2012). This final rule created two marginal 
nonattainment areas within Connecticut that together encompass the 
entire State. The two areas are identified as follows: The Greater 
Connecticut area, which includes Hartford, Litchfield, New London, 
Tolland, and Windham counties, and the New York, Northern New Jersey-
Long Island NY-NJ-CT area, which includes, within Connecticut, 
Fairfield, Middlesex, and New Haven counties.
    Neither of Connecticut's 2008 NAAQS nonattainment areas were able 
to meet the marginal area attainment date, and so on May 4, 2016, EPA 
published a final rule that revised the classifications of 
Connecticut's and other state's nonattainment areas from marginal to 
moderate (See 81 FR 26697, May 4, 2016). Subsequently, Connecticut's 
two moderate nonattainment areas also failed to meet the moderate area 
attainment date, and so on August 23, 2019, EPA published a final rule 
that revised the classifications of Connecticut's, and other state's 
nonattainment areas, from moderate to serious (See 84 FR 44238, August 
23, 2019).
    On March 6, 2015, EPA published a final rule in the Federal 
Register that outlined the obligations that areas found to be in 
nonattainment of the 2008 ozone standard needed to address (See 80 FR 
12264, March 6, 2015). This rule, herein referred to as the ``2008 
ozone implementation rule,'' contained, among other things, a 
description of EPA's expectations for states with RACT and NNSR 
obligations. Regarding RACT, the 2008 ozone implementation rule 
indicated that states could demonstrate that controls representing RACT 
were in place through the establishment of new or more stringent 
requirements that meet RACT control levels, through a certification 
that previously adopted RACT controls in their SIP approved by EPA 
under a prior ozone NAAQS represent adequate RACT control levels for 
attainment of the 2008 ozone NAAQS, or with a combination of these two 
approaches. In addition, a state must submit a negative declaration in 
instances where there are no CTG sources within its borders.
    Regarding the 2015 ozone NAAQS, on June 4, 2018, EPA published a 
final rule establishing designations and classifications for this 
standard for most areas of the country, including Connecticut (See 83 
FR 25776, June 4, 2018). This final rule created a marginal and a 
moderate nonattainment area within Connecticut that together encompass 
the entire State, identified as follows: The Greater Connecticut 
marginal area, which includes Hartford, Litchfield, New London, 
Tolland, and Windham counties, and the New York, N New Jersey-Long 
Island NY-NJ-CT moderate area, which includes, within Connecticut, 
Fairfield, Middlesex, and New Haven counties. Additionally, on December 
6, 2018, EPA published a final rule outlining requirements for states 
to follow as they implement the 2015 ozone NAAQS (See 83 FR 62998, 
December 6, 2018). The December 6, 2018, final rule is herein referred 
to as the 2015 ozone implementation rule. It contains RACT and NNSR 
requirements similar to those outlined within the 2008 ozone 
implementation rule, although the discretionary inter-pollutant trading 
program provided for within the NNSR portion of the rule was 
subsequently voided as noted below.
    Regarding NNSR, the minimum SIP requirements for NNSR permitting 
programs for the 2008 and the 2015 ozone NAAQS are located in 40 CFR 
51.165. These NNSR program requirements include those promulgated in 
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (See 70 
FR 71612, November 29, 2005) and the 2008 ozone implementation rule. 
Additionally, although the 2015 ozone implementation rule included a 
provision to explicitly allow for inter-pollutant trading for meeting 
the emissions offset requirement for ozone, this provision was 
subsequently vacated.\2\ Under the Phase 2 Rule, the

[[Page 17054]]

SIP for each ozone nonattainment area must contain NNSR provisions 
that: Set major source thresholds for NOX and VOC pursuant 
to 40 CFR 51.165(a)(1)(iv)(A)(1)(i) through (iv) and (a)(1)(iv)(A)(2); 
classify physical changes at a major source if the change would 
constitute a major source by itself pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase 
of NOX as a significant net emissions increase for ozone 
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider increases of VOC 
emissions in extreme ozone nonattainment areas as significant net 
emissions increases and major modifications for ozone pursuant to 40 
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and 
NOX as ozone precursors pursuant to 40 CFR 
51.165(a)(1)(x)(A) through (C) and (E); contain provisions for 
emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) 
and (2); provide that the requirements applicable to VOC also apply to 
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios 
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i) through 
(iii) (renumbered as (a)(9)(ii) through (iv) under the 2008 ozone 
implementation rule). Additionally, pursuant to the 2008 ozone 
implementation rule, areas designated as nonattainment for that 
standard that also remain nonattainment for the 1997 ozone standard 
must satisfy the anti-backsliding requirements of 40 CFR 51.1105.
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    \2\ Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021).
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II. Summary and Evaluation of Connecticut's SIP Revisions

a. RACT Certifications and Consent Order No. 8377

    On December 21, 2020, Connecticut submitted a demonstration that 
its regulatory framework for stationary sources meets the criteria for 
RACT as defined in EPA's 2015 ozone implementation rule. The submittal 
also contained a certification that the State's RACT requirements for 
the 2008 ozone NAAQS that EPA approved on July 31, 2017 when the State 
was classified as moderate continue to meet the RACT standard for areas 
classified as serious, as Connecticut became pursuant to EPA's August 
23, 2019, final rule mentioned above (See 82 FR 35454, July 31, 2017). 
Connecticut's RACT submittal notes that its prior designation as a 
nonattainment area for the 1979, 1997, and 2008 ozone standards 
resulted in the adoption of stringent controls for major sources of VOC 
and NOX, including RACT level controls. Connecticut's major 
source applicability threshold for both VOC and NOX have 
been maintained at 50 tons per year except for the portion of the state 
designated as severe for the one-hour ozone standard (portions of 
Fairfield and Litchfield counties (See 56 FR 56694, November 6, 1991) 
where the threshold is 25 tons per year). In accordance with the 2008 
and 2015 ozone implementation rules, much of Connecticut's submittal 
consists of a review of RACT controls adopted under previous ozone 
standards and an indication of whether those previously adopted 
controls still represent RACT for the 2008 and 2015 ozone NAAQS. 
Additionally, Connecticut notes that as a member state of the OTR, it 
works with the Ozone Transport Commission to identify and adopt, as 
deemed appropriate, regulations on additional VOC and NOX 
categories beyond those for which EPA has issued CTGs or ACT documents.
    Regarding VOC RACT, the State's December 21, 2020, submittal 
identifies the specific control measures that had been previously 
adopted to control emissions from major sources of VOC emissions and 
reaffirms negative declarations for some CTG categories. Table 3 of 
Connecticut's submittal contains a summary of the previously adopted 
measures for each of the CTG categories. The table identifies the 
specific state rule, where relevant, that is in place, the date of 
state adoption, and the date that EPA approved the rule into the 
Connecticut SIP. Table 3 also indicates the CTGs for which the state 
makes a negative declaration due to no sources existing within the 
State for the sector covered by that CTG. Connecticut notes that the 
following regulations are the principal means by which stationary 
sources of VOC emissions are controlled, the first being Regulations of 
Connecticut State Agencies (RCSA) section 22a-174-20, Control of 
Organic Compound Emissions, the second being RCSA section 22a-174-32, 
Reasonably Available Control Technology (RACT) for Volatile Organic 
Compounds, and the third being RCSA 22a-174-30a, Stage I Vapor 
Recovery. These rules are generally applicable to sources with the 
potential to emit 50 tons or more of VOCs per year, except that in 
portions of the State classified as a severe nonattainment area under 
the 1-hour ozone standard these rules are applicable to sources with 
the potential to emit 25 tons or more per year. Additionally, for some 
CTG categories such as surface coating sources, Connecticut's rules 
include lower applicability thresholds consistent with the recommended 
applicability level of the relevant CTGs.
    As required, Connecticut's submittal addresses NOX 
emissions as well as VOC emissions. In particular, the submittal's 
Table 4 lists all major sources of NOX (and VOC) in the 
State and identifies the NOX control regulation governing 
each source. Connecticut notes that all facilities in the State with 
the potential to emit 50 tons or more of NOX per year (or 25 
tons in the portions of Fairfield and Litchfield counties noted above) 
are subject to RCSA section 22a-174-22e, ``Control of Nitrogen Oxide 
Emissions from Fuel Burning Equipment at Major Stationary Sources of 
Nitrogen Oxides.'' Connecticut also subjects some non-major sources of 
NOX to emission limits via requirements within RCSA 22a-174-
22f, High Daily NOX Emitting Units at Non-major Sources of 
NOX. In addition, RCSA section 22a-174-38, Municipal Waste 
Combustors, regulates NOX emissions from Connecticut's MWCs, 
which are currently the largest NOX emitting sector in the 
State. Connecticut reviewed these regulations and determined that they 
did not need to be updated to represent RACT for the 2008 and 2015 
ozone NAAQS given recent updates to both regulations that EPA approved 
into the Connecticut SIP. Connecticut submittal did include updates to 
NOX emission limits for some major sources of 
NOX, specifically, those owned and operated by the State's 
largest electric utility, NRG Connecticut. Those requirements are 
contained within Consent Order No. 8377 which the State issued to NRG 
Connecticut on March 10, 2020, and which Connecticut included within 
its December 21, 2020, SIP revision request.
    Connecticut's review of its control program for major sources of 
VOC and NOX thus concludes that all major sources in the 
State are subject to RACT meeting the requirements of the 2008 and 2015 
ozone standards.
    EPA has reviewed and agrees with Connecticut's determination that 
it has adopted VOC and NOX control regulations for 
stationary sources that constitute RACT and determined that the set of 
regulations cited by the State within its December 21, 2020, RACT 
certification SIP submittals, along with the NOX control 
requirements for equipment owned and operated by NRG Connecticut, 
constitute RACT for purposes of the 2015 ozone standard and continue to 
represent RACT for the 2008 ozone standard. The rationale for our 
determination is provided below.
    Connecticut's RACT certification submittals document the State's 
VOC and NOX control regulations that have been adopted to 
ensure that major sources are subject to RACT level

[[Page 17055]]

controls in the State. These requirements include the following 
Regulations of Connecticut State Agencies: Section 22a-174-20, Control 
of Organic Compound Emissions; section 22a-174-22e, Control of Nitrogen 
Oxide Emissions from Fuel Burning Equipment at Major Stationary Sources 
of Nitrogen Oxides; section 22a-174-30a, Stage I Vapor Recovery; 
section 22a-174-32, RACT for Organic Compound Emissions; and 22a-174-
38, Municipal Waste Combustors. Two of these regulations, sections 22a-
174-22e and 22a-174-38, contain recently strengthened NOX 
emissions limits that EPA has approved into the Connecticut SIP (See 82 
FR 35454, July 31, 2017). Connecticut's RACT certification submittal 
notes that it has adopted numerous single source RACT orders for major 
sources of VOC and NOX that are not covered by one of EPA's 
CTGs or ACTs, and these orders have been submitted to EPA and 
incorporated into the SIP, as have individual orders providing for 
NOX trading among facilities within the State as authorized 
by section 22a-174-22e (g) of Connecticut's regulations.
    The State's submittal documents a substantial downward trend in 
ozone exceedance days between 1975 and 2019, much of which is 
attributable to the control measures put in place by Connecticut and 
federal control measures adopted since the early 1990s pursuant to the 
Clean Air Act amendments of 1990. Connecticut's submittal also 
documents a substantial decline of 63 percent in NOX 
emissions from major stationary sources between 2002 and 2017. 
Furthermore, data from EPA's National Emissions Inventory (NEI) 
database indicates that between 2008 and 2017 VOC emissions from 
stationary point sources emitting 5 tons per year or more declined by 
15%. In 2017, the State's major VOC sources emitted less than 1 percent 
of Connecticut's total anthropogenic VOC emissions, and only 6 
individual facilities emitted more than 50 tons that year.
    We last approved a RACT certification SIP for Connecticut on July 
31, 2017 for the 2008 ozone standard (See 82 FR 35454, July 31, 2017). 
That action included approval of a SIP revision that consisted of a 
comprehensive update of the State's NOX control 
requirements. Specifically, the revision included the regulatory 
changes that Connecticut determined were necessary after evaluating its 
RACT requirements for boilers, turbines, and reciprocating internal 
combustion engines (RICE). The submittal included two new regulations, 
RCSA 22a-174-22e, Control of nitrogen oxide emissions from fuel-burning 
equipment at major stationary sources of nitrogen oxides and 22a-174-
22f, High daily NOX emitting units at non-major sources of 
NOX. Section 22a-174-22e has reduced NOX 
emissions via ``Phase 1'' requirements that became effective on June 1, 
2018 and will reduce emissions further when more stringent ``Phase 2'' 
limits take effect on June 1, 2023. Given the later compliance date, 
Connecticut did not rely on the Phase 2 requirements as part of its 
RACT certification as a moderate area for the 2008 ozone standard. 
Rather, the Phase 2 limits, which are among the most stringent limits 
adopted by any state in the Northeast, were adopted then to provide 
lead time for sources subject to Phase 2 limits to plan for the 
financial and logistical aspects of meeting these strengthened limits. 
Our July 31, 2017, approval contains a description of the Phase 1 and 
Phase 2 NOX emission limits Connecticut adopted for boilers, 
turbines, and RICE units. Connecticut's submittal indicates the State 
explored other possible control measures that might qualify as a RACT 
measure or measures needed for attainment, and additionally considered 
measures that might qualify as a RACT measure or measures not tied to 
attainment but could not identify measures that would fit in either 
category.
    In addition to the requirements mentioned above, our July 31, 2017, 
action also approved Connecticut's newly adopted RCSA section 22a-174-
22f, High Daily NOX Emitting Units at Non-major Sources of 
NOX. This regulation requires owners of equipment at small 
and medium-sized ``non-major'' sources to track daily emissions during 
the ozone season and take steps to reduce emissions if they exceed a 
certain level of NOX emissions. Connecticut was not 
obligated by CAA requirements to adopt a regulation for these sources 
to meet RACT since they are not major sources. The rule will, however, 
strengthen the State's overall regulatory program for sources of 
NOX and help the State in its efforts to attain the ozone 
NAAQS.
    Connecticut's December 21, 2020, submittal included Consent Order 
No. 8377 which the State issued to Connecticut Jet Power LLC, Devon 
Power LLC, Middletown Power LLC, and Montville Power LLC (collectively 
referred to as NRG Connecticut) on March 10, 2020. The Order 
establishes case-by-case NOX RACT emission limits for five 
distillate-fired 20-megawatt (MW) turbines, identified as Devon 10, 
Middletown 10, Branford 10, Torrington Terminal 10, and Franklin Drive 
10, two diesel-fired 2.75 MW engines identified as Montville 10 and 
Montville 11, and for three boilers identified as Middletown Unit 4, 
Montville Unit 5 and Montville Unit 6. Connecticut issued Order No. 
8377 in accordance with RCSA Section 22a-174-22e (h). The RACT limits 
within the Order are for Phase 2 of Connecticut's NOX RACT 
requirements, which become applicable on June 1, 2023. The seven 
engines and turbines are infrequently run units, running on average 
less than 25 hours per year based on data from 2014 through 2018. NRG 
Connecticut demonstrated to the Connecticut DEEP that installing and 
operating NOX controls on this equipment was not technically 
or economically feasible. Section 22a-174-22e (h)(1)(C) requires that 
sources applying for a case-by-case RACT determination demonstrate a 
net air quality benefit will occur if the request is granted. Consent 
Order No. 8377 accomplishes this in two ways, first, by requiring that 
NRG Connecticut install new synthetic non-catalytic reduction (SNCR) 
NOX controls on the three boilers under its control 
mentioned above. These three boilers will reduce their emissions beyond 
their respective NOX emission limits during the Phase 1 
control period, which runs from June 1, 2018 through May 31, 2023. 
Additionally, Consent Order No. 8377 requires the company to retire 250 
banked Discrete Emission Reduction Credits (DERCs).
    Connecticut's submittal also addresses RACT for sources of VOCs. 
Prior to the CAA Amendments of 1990, VOC control strategies were the 
primary means by which ground level ozone was reduced. Accordingly, 
beginning in the 1970's EPA issued Control Technique Guidelines (CTGs) 
for many industries that use VOCs. The CTGs provide an overview of 
emission sources and control options and establish presumptive levels 
of control. Given this, Connecticut has a long history of adopting 
regulations to limit VOC emissions from within the State. Table 3 of 
Connecticut's December 21, 2020 submittal lists the name and issue date 
of all of EPA's CTGs, an indication of whether or not facilities in the 
CTG category exist in Connecticut, the date and Federal Register 
citation for EPA's approval of regulations Connecticut adopted to meet 
the requirements of the CTG, and a comments column that, among other 
things, identifies the CTGs for which the State makes a negative 
declaration affirming no sources exist within the State that would be 
covered by the CTG. We are proposing approval of negative declarations 
Connecticut makes for the following CTG categories:

[[Page 17056]]

Automobile coatings, Large petroleum dry cleaners, Fiberglass boat 
manufacturing, Equipment leaks from natural gas and gasoline processing 
plants, the Oil and natural gas industry, Control of refinery vacuum 
producing systems, wastewater separators and process unit turnarounds, 
Control of VOC leaks from petroleum refinery equipment, and Flatwood 
paneling coatings. Connecticut reviewed the inventory information, 
interviewed field staff, and searched telephone and internet web pages, 
including other state government databases, to confirm that no 
facilities exist in the State that are covered by the above mentioned 
CTG categories.
    We have reviewed Connecticut's RACT certification demonstration and 
determined that the State's regulatory requirements and the resulting 
reduction in VOC and NOX emissions from major sources that 
they accomplish demonstrate that a RACT level of control for both 
pollutants are in place. Since we agree that the VOC and NOX 
stationary source control regulations which Connecticut has cited as 
meeting RACT do conform with RACT for the 2015 and 2008 ozone 
standards, we propose approval of Connecticut's December 21, 2020, RACT 
certification SIP revision requests.

b. NNSR Certifications

    Connecticut's longstanding SIP-approved NNSR program, established 
in RCSA sections 22a-174-1 (definitions), and 22a-174-3a (applicability 
and substantive requirements) applies to the construction and 
modification of stationary sources, including major stationary sources 
in nonattainment areas. In Connecticut's December 21, 2020, SIP 
revision, the State certifies that the version of RCSA Sections 22a-
174-1 and 22a-174-3a in the current SIP meet the federal NNSR 
requirements for both ozone nonattainment areas within Connecticut. EPA 
last approved revisions to the SIP-approved version of Connecticut's 
NNSR rule in 2015 \3\ addressing, among other things, the NNSR 
requirements that apply when a major source or major modification 
causes a significant impact in an area that is violating the 
PM2.5 ambient air quality standard. In Connecticut's 
certification, the State provides a side-by-side comparison 
demonstrating the State's Rules are at least as stringent as EPA's 
nonattainment new source review permitting program requirements.
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    \3\ See 80 FR 43960, July 24, 2015.
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    As discussed above, on August 23, 2019, EPA published a final rule 
that reclassified both nonattainment areas in Connecticut from moderate 
to serious nonattainment for the 2008 ozone NAAQS. For the 2015 ozone 
NAAQS, the Greater Connecticut nonattainment area is classified as 
marginal and the Connecticut portion of the New York-Northern New 
Jersey-Long Island area is classified as moderate (See 83 FR 25776, 
June 4, 2018).
    Connecticut's SIP-approved NNSR regulation retains the NNSR 
requirements applicable to serious and severe nonattainment areas. The 
State's SIP-approved NNSR regulation defines the term ``Severe 
nonattainment area for ozone'' as including the cities and towns in 
portions of Fairfield and Litchfield counties that were historically 
part of the severe New York-N New Jersey-Long Island, NY-NJ-CT ozone 
nonattainment area designated for the one-hr ozone NAAQS. The term 
``Serious nonattainment area for ozone'' is defined to include ``all 
towns within the State of Connecticut, except those towns located in 
the severe non-attainment area for ozone.'' This is the portion of the 
State that was historically part of the serious Greater Connecticut 
nonattainment area designated for the one-hr ozone NAAQS. The SIP's 
definition of ``Major stationary source'' then uses these terms to 
define the NOX and VOC emission thresholds when determining 
if a source is major for ozone. The SIP's major stationary source 
threshold for NOX and VOC in a ``Severe nonattainment area 
for ozone'' is 25 tons per year. The SIP's major stationary source 
threshold for NOX and VOC in a ``Serious nonattainment area 
for ozone'' is 50 tons per year. These thresholds for NOX 
and VOC are consistent with EPA regulations and with CAA major source 
thresholds for ozone nonattainment areas.
    Connecticut's NNSR SIP also properly addresses the thresholds for 
NOX and VOC, as precursors to ozone, in the definition of 
``Major modification'' by establishing the threshold for either of 
these ozone precursors at 25 tons per year in severe non-attainment 
areas and 50 tons per year in serious non-attainment areas. These 
thresholds for a major modification are consistent with EPA 
regulations. Lastly, since Connecticut's NNSR SIP retains its 
previously approved major source thresholds, the State's SIP meets the 
anti-backsliding requirements.

III. Proposed Action

    EPA is proposing approval of Connecticut's December 21, 2020, SIP 
submittals that demonstrate that the State has adopted air pollution 
control strategies that represent RACT needed for attainment and RACT 
not tied to attainment for purposes of compliance with the 2008 and 
2015 ozone standards. Additionally, we are proposing approval of 
Consent Order No. 8377 containing NOX RACT requirements for 
facilities operated by NRG Connecticut, and negative declarations for 
CTG categories for which Connecticut asserts no facilities exist within 
its borders.
    We are also proposing to approve Connecticut's December 21, 2020, 
SIP revision request addressing the NNSR requirements for the 2008 and 
2015 ozone NAAQS for both nonattainment areas in the State. The 
approval also includes the applicable NNSR provisions of Connecticut's 
regulations that satisfy the CAA's anti-backsliding requirements. We 
have concluded that the State's submission fulfills the 40 CFR 51.1114 
revision requirement and meets the requirements of CAA section 110 and 
the minimum SIP requirements of 40 CFR 51.165.
    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 the EPA 
New England Regional Office 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 the following item that the Connecticut DEEP submitted to EPA 
for incorporation into the Connecticut SIP by letter dated December 21, 
2020: Consent Order No. 8377 containing NOX RACT 
requirements for facilities operated by NRG Connecticut. The EPA has 
made, and will continue to make, this document 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.

[[Page 17057]]

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);
     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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: March 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-06206 Filed 3-24-22; 8:45 am]
BILLING CODE 6560-50-P