[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Rules and Regulations]
[Pages 60591-60594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18909]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2023-0189; FRL-10876-02-R1]


Air Plan Approval; Connecticut; New Source Review Permit Program 
State Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Connecticut State Implementation Plan (leSIP) 
concerning ruits New Source Review (NSR) permit program. The 
Connecticut Department of Energy and Environmental Protection (CT DEEP) 
submitted these revisions on December 15, 2020, as well as a 
supplemental letter on February 14, 2023. The revised SIP incorporates 
various updates to CT DEEP's NSR procedural requirements, substantive 
review criteria, provisions related to the control of volatile organic 
compounds (VOCs), and clarifying revisions to existing SIP-approved 
regulations. EPA is also fully approving the state's infrastructure SIP 
for the 2015 National Ambient Air Quality Standards (NAAQS) ozone 
standard, which was previously conditionally approved.

DATES: This rule is effective on October 5, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2023-0189. 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: Jessica Kilpatrick, Air Permits, 
Toxics,

[[Page 60592]]

and Indoor Programs Branch, Air and Radiation Division, U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, 
APTB05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-918-
0652 Email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 11, 2023, EPA published a Notice of Proposed Rulemaking 
(NPRM) for the State of Connecticut. The NPRM proposed approving CT 
DEEP's revised SIP for its NSR permit program at Regulations of 
Connecticut State Agencies (RCSA) 22a-174-2a, 22a-174-3a, and 22a-174-
20. The NPRM also proposed to convert a conditional approval to full 
approval for the 2015 NAAQS ozone standard infrastructure SIP as it 
relates to Clean Air Act (CAA) section 110(a)(2)(K) and for the 
Prevention of Significant Deterioration (PSD) requirements of CAA 
sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J). CT DEEP 
initially submitted a formal SIP revision to EPA on December 15, 2020, 
and a supplemental clarification letter was submitted on February 14, 
2023. The rationale for EPA's proposed approval of the revised SIP is 
explained in the NPRM and will not be restated here. No germane 
comments were received regarding the NPRM.

II. Response to Comments

    EPA received four comments during the comment period, all of which 
were identical and outside the scope of this action. As such, these 
comments are nongermane and do not require further response to finalize 
the action as proposed. Nevertheless, EPA is including these comments 
in the docket for this rule.

III. Final Action

    EPA is approving CT DEEP's revised SIP for its NSR permit program 
as well as converting a conditional approval to a full approval for 
2015 NAAQS ozone standard requirements in the Connecticut 
infrastructure SIP. Specifically, EPA is amending 40 CFR part 52, 
subpart H--Connecticut to include revisions to RCSA 22a-174-2a 
(Procedural Requirements for New Source Review and Title V Permitting), 
22a-174-3a (Permit to Construct and Operate Stationary Sources), and 
22a-174-20 (Control of Organic Compound Emissions) and is updating the 
CAA 110(a)(2) infrastructure requirements. Specifically, EPA is 
approving revisions to:
     Regulations of Connecticut State Agencies Section 22a-174-
2a ``Procedural Requirements for New Source Review and Title V 
Permitting,'' 22a-174-2a(c)(3), 22a-174-2a(d)(9), 22a-174-2a(e)(3)(C), 
22a-174-2a(e)(3)(E), 22a-174-2a(e)(7), 22a-174-2a(f)(2), and 22a-174-
2a(f)(2)(G), amended by the State of Connecticut on November 18, 2020;
     Regulations of Connecticut State Agencies Section 22a-174-
3a, ``Permit to Construct and Operate Stationary Sources,'' at 22a-174-
3a(a)(2)(A)(ii) through (v), 22a-174-3a(a)(5), 22a-174-3a(d)(3)(B) and 
(C), 22a-174-3a(i) Table 3a(i)-1, 22a-174-3a(i)(2), 22a-174-
3a(j)(1)(B), 22a-174-3a(j)(8)(A), 22a-174-3a(k)(3) and (4), 22a-174-
3a(k)(6)(A), 22a-174-3a(k)(7) Table 3a(k)-1, and 22a-174-3a(l)(1), 
amended by the State of Connecticut on November 18, 2020; and
     Regulations of Connecticut State Agencies Section 22a-174-
20, ``Control of Organic Compound Emissions,'' at 22a-174-20(gg)(8), 
amended by the State of Connecticut on November 18, 2020.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the 
provisions regulating NSR permitting as described in section III. of 
this preamble. These provisions update the CT DEEP's NSR procedural 
requirements, add to substantive review criteria for CT DEEP's NSR 
permitting process, and revise provisions related to the control of 
VOCs. EPA has made, and will continue to make, these documents 
generally available through https://www.regulations.gov and at 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 CAA, 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 CAA. 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);
     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); and
     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 CAA.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation,

[[Page 60593]]

and enforcement of environmental laws, regulations, and policies.'' EPA 
further defines the term fair treatment to mean that ``no group of 
people should bear a disproportionate burden of environmental harms and 
risks, including those resulting from the negative environmental 
consequences of industrial, governmental, and commercial operations or 
programs and policies.''
    CT DEEP did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 6, 2023. 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, Administrative 
practice and procedure, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: August 28, 2023.
David Cash,
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)(129) to read as 
follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (129) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on December 15, 
2020, and supplemented on February 14, 2023.
    (i) Incorporation by reference.
    (A) Regulations of Connecticut State Agencies Section 22a-174-2a 
``Procedural Requirements for New Source Review and Title V 
Permitting,'' 22a-174-2a(c)(3), 22a-174-2a(d)(9), 22a-174-2a(e)(3)(C), 
22a-174-2a(e)(3)(E), 22a-174-2a(e)(7), 22a-174-2a(f)(2), and 22a-174-
2a(f)(2)(G), amended by the State of Connecticut on November 18, 2020.
    (B) Regulations of Connecticut State Agencies Section 22a-174-3a, 
``Permit to Construct and Operate Stationary Sources,'' at 22a-174-
3a(a)(2)(A)(ii) through (v), 22a-174-3a(a)(5), 22a-174-3a(d)(3)(B) and 
(C), 22a-174-3a(i) Table 3a(i)-1, 22a-174-3a(i)(2), 22a-174-
3a(j)(1)(B), 22a-174-3a(j)(8)(A), 22a-174-3a(k)(3) and (4), 22a-174-
3a(k)(6)(A), 22a-174-3a(k)(7) Table 3a(k)-1, and 22a-174-3a(l)(1), 
amended by the State of Connecticut on November 18, 2020.
    (C) Regulations of Connecticut State Agencies Section 22a-174-20, 
``Control of Organic Compound Emissions,'' at 22a-174-20(gg)(8), 
amended by the State of Connecticut on November 18, 2020.
    (ii) Additional materials.
    (A) Letter from CT DEEP submitted to EPA on December 15, 2020, 
entitled ``State Implementation Plan Revision Concerning the New Source 
Review Permit Program Update.''
    (B) Letter from CT DEEP submitted to EPA on February 14, 2023, 
entitled ``Re: Supplement to the State Implementation Plan Revision 
Concerning the NSR Program Update.''

0
3. Section 52.385 is amended in Table 52.385 by adding:
0
a. A third entry for ``22a-174-2a'' before the entry for ``22a-174-3;
0
b. A sixth entry for ``22a-174-3a'' before the entry for '' 22a-174-
3b''; and
0
c. A fifth entry for '' 22a-174-20'' before the entry ``22a-174-21''.
    The additions read as follows:


Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                     Table 52.385--EPA-Approved Regulations
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                                                  Dates
                                        ------------------------
  Connecticut state     Title/subject       Date        Date      Federal Register    Section       Comments/
      citation                           adopted by   approved        citation        52.370       description
                                            State      by EPA
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                                                  * * * * * * *
22a-174-2a..........  Procedural           11/18/20      9/5/23  [INSERT Federal      (c)(129)  Revisions made
                       Requirements for                           Register                       to 22a-174-
                       New Source                                 CITATION].                     2a(c)(3), 22a-
                       Review and Title                                                          174-2a(d)(9),
                       V Permitting.                                                             22a-174-2a(e)(3
                                                                                                 )(C), 22a-174-
                                                                                                 2a(e)(3)(E),
                                                                                                 22a-174-2a(e)(7
                                                                                                 ), 22a-174-
                                                                                                 2a(f)(2), and
                                                                                                 22a-174-2a(f)(2
                                                                                                 )(G).
 

[[Page 60594]]

 
                                                  * * * * * * *
22a-174-3a..........  Permit to            11/18/20      9/5/23  [INSERT Federal      (c)(129)  Revisions made
                       Construct and                              Register                       to 22a-174-
                       Operate                                    CITATION].                     3a(a)(2)(A)(ii)
                       Stationary                                                                through (v),
                       Sources.                                                                  22a-174-3a(a)(5
                                                                                                 ), 22a-174-
                                                                                                 3a(d)(3)(B) and
                                                                                                 (C), 22a-174-
                                                                                                 3a(i) Table
                                                                                                 3a(i)-1, 22a-
                                                                                                 174-3a(i)(2),
                                                                                                 22a-174-3a(j)(1
                                                                                                 )(B), 22a-174-
                                                                                                 3a(j)(8)(A),
                                                                                                 22a-174-3a(k)(3
                                                                                                 ) and (4), 22a-
                                                                                                 174-3a(k)(6)(A)
                                                                                                 , 22a-174-
                                                                                                 3a(k)(7) Table
                                                                                                 3a(k)-1, and
                                                                                                 22a-174-3a(l)(1
                                                                                                 ).
 
                                                  * * * * * * *
22a-174-20..........  Control of           11/18/20      9/5/23  [INSERT Federal      (c)(129)  Revisions made
                       Organic Compound                           Register                       to 22a-174-
                       Emissions.                                 CITATION].                     20(gg)(8).
 
                                                  * * * * * * *
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0
4. Section 52.386 is amended by revising paragraph (e) to read as 
follows:


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

* * * * *
    (e) CT DEEP submitted an infrastructure SIP for the 2015 ozone 
NAAQS on September 7, 2018. This infrastructure SIP was approved, with 
the exception of CAA section 110(a)(2)(K) and the PSD-related 
requirements of CAA sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 
110(a)(2)(J), which were conditionally approved. On December 15, 2020, 
CT DEEP submitted SIP revisions to address the conditional approval. 
EPA fully approves the revised infrastructure SIP for the 2015 ozone 
NAAQS.
* * * * *

[FR Doc. 2023-18909 Filed 9-1-23; 8:45 am]
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