[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Proposed Rules]
[Pages 14792-14795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04133]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2023-0377; FRL-11783-01-R1]


Air Plan Approval; Connecticut; Source Monitoring, Record Keeping 
and Reporting

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 addressing source monitoring in Connecticut. The 
principal proposed revision is replacement of Regulations of 
Connecticut State Agencies (RCSA) section 22a-174-4 (source monitoring, 
record keeping and reporting), which is currently in the Connecticut 
SIP, with a new regulation section 22a-174-4a, also

[[Page 14793]]

called ``source monitoring, record keeping and reporting.'' The source 
monitoring SIP revision provides monitoring, recordkeeping and 
reporting requirements to ensure that certain sources comply with 
applicable emissions limitations. This action is being taken under the 
Clean Air Act.

DATES: Written comments must be received on or before April 1, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0377 at https://www.regulations.gov, or via email to Alison 
Simcox at: [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: Alison C. Simcox, Air Quality Branch 
(AQB), Air and Radiation Division (ARD) (Mail Code 5-MD), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts, 02109-3912, (617) 918-1684; 
[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. Summary and Evaluation of Connecticut's SIP Revision
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    RCSA section 22a-174-4, ``Source monitoring, record keeping, and 
reporting'' was adopted by the state of Connecticut in 1989. This 
regulation defined how certain sources of air pollution are required to 
conduct air emissions and opacity monitoring. In 2003, the Connecticut 
Department of Environmental Protection (CT DEEP) proposed revisions to 
section 22a-174-4, and, on July 16, 2014, EPA approved 22a-174-4 into 
the Connecticut SIP (previously codified as Section 19-508-4). See 79 
FR 41427.
    In October 2022, to address changes in federal regulatory 
requirements and source-monitoring technologies, CT DEEP replaced 
section 22a-174-4 with 22a-174-4a (also called source monitoring, 
record keeping, and reporting). This new regulation became effective in 
Connecticut on October 28, 2022.
    On November 17, 2022, CT DEEP submitted section 22a-174-4a as a SIP 
revision for EPA approval. This submission included several citation 
updates to other SIP-approved regulations (sections 22a-174-
3d(f)(1)(B), 22a-174-20(a)(12), 22a-174-22e(m)(1), 22a-174-22e(m)(4), 
22a-174-38(j)(1), and 22a-2a-1(b)(3)).
    On December 19, 2022, CT DEEP submitted a supplement to this SIP 
revision that withdrew portions of the submitted regulatory text from 
the November 17, 2022 submittal that are currently not part of the 
Connecticut SIP (sections 22a-174-3d(f)(1)(B), 22a-174-38(j)(1), and 
22a-2a-1(b)(3)).
    On February 27, 2023, the state submitted a letter withdrawing one 
additional provision (section 22a-174-4a (g)(6)) of the submitted 
regulatory text in section 22a-174-4a. This letter also provided 
additional information about CT DEEP's implementation of ``out-of-
control'' periods.
    As described below, CT DEEP's SIP submittal, as modified by the 
December 19, 2022 supplement and the February 27, 2023 letter, 
strengthens its source monitoring requirements and, thus, the state's 
ability to detect violations of emission limits. Therefore, we are 
proposing to approve section 22a-174-4a, except for section 22a-174-
4a(g)(6) which CT DEEP excluded from inclusion in the SIP submission, 
and the citation updates to related EPA-approved regulations into the 
Connecticut SIP.

II. Summary and Evaluation of Connecticut's SIP Revision

    EPA-approved RCSA section 22a-174-4 requires certain stationary 
sources to install, operate, and maintain opacity and gaseous 
continuous emissions monitoring (CEM) equipment. Opacity CEMs are also 
known as continuous opacity monitoring systems (COMS). These stationary 
sources, with some exemptions, include equipment that combusts coal, 
liquid or solid fuel-burning equipment with a maximum rated heat input 
equal to or greater than 250,000,000 British thermal units per hour 
(Btu/hr), incinerators with a maximum rated input greater than 2,000 
pounds per hour (lbs/hr), and process sources with particulate matter 
(PM) emissions greater than 25 lbs/hr after application of control 
equipment when operated at maximum rated capacity.
    Connecticut's SIP submittal, as modified by the December 2022 
supplement and the February 2023 letter (described in the background 
section above), proposes to repeal section 22a-174-4 from the 
Connecticut SIP and replace it with section 22a-174-4a. The new 
regulation (section 22a-174-4a) applies to the same group of stationary 
sources as section 22a-174-4 but is restructured to include provisions 
that were either missing from or not clearly set out in section 22a-
174-4, such as the applicability of the regulation and a distinct 
separation of opacity monitoring from other pollutant monitoring. The 
new regulation also provides more detailed and clearer provisions 
regarding performance specifications and quality-assurance requirements 
that are consistent with current federal and state requirements.
    Specifically, section 22a-174-4a adds a separate section on 
applicability and clarifies that the regulation is intended to ensure 
compliance with Connecticut General Statute Chapter 446c ``Air 
Pollution Control,'' and regulations thereunder, which include all of 
Section 22a-174 (formerly Sec. 19-508). The new regulation also 
clarifies that it applies to sources that are required to install, 
operate, and maintain CEMS or COMS.
    EPA-approved section 22a-174-4 requires sources with CEMS or COMS 
to submit a monitoring plan to the state for

[[Page 14794]]

approval at least 60 days before initiation of required performance 
specification testing. This plan must contain a description of the 
source, including type of unit or process, type of fuel combusted, 
type(s) of emission control devices, and operation parameters, as well 
as monitoring equipment design, proposed monitor location and sampling 
site location. In addition, the plan must provide performance 
specification testing (conducted by the source) for each pollutant, and 
a quality assurance (QA) plan that includes, among other things, 
corrective action for monitoring system breakdowns.
    The new regulation section 22a-174-4a requires a similar monitoring 
plan, called an ``initial monitoring plan,'' to be submitted 
electronically to the state not less than 90 days before initiation of 
required performance specification testing. This initial monitoring 
plan must be approved by the state. Section 22a-174-4a adds a new 
provision (i.e., not included in 22a-174-4) that if an existing CEMS or 
COMS undergoes a significant change that makes a previously submitted 
monitoring plan inaccurate, a revised monitoring plan must be submitted 
electronically for state approval not more than 14 days after 
completion of the CEMS or COMS modification. Also, sources are required 
to maintain hardcopy or electronic records of all monitoring plans 
(initial and revised).
    EPA-approved RCSA section 22a-174-4 requires any source with CEM 
equipment to conduct QA audits during each calendar quarter in which 
the source operates. The new regulation (section 22a-174-4a) 
strengthens this requirement by requiring these sources to perform 
annual, quarterly, and daily QA audits. In addition, each new CEMS must 
undergo an initial certification for each monitored pollutant, 
including a Relative Accuracy Test Audit certification, and each 
modified CEMS must be recertified for each pollutant or diluent for 
which the monitor was modified. Section 22a-174-4a also requires audit 
reports and COMS or CEMS reports to be submitted to CT DEEP each 
calendar quarter. These quarterly reports must include a summary of 
excess emissions and the CEMS or COMS performance, including a list of 
all periods of malfunctions of the CEMS or COMS.
    As described in the background section above, CT DEEP's source-
monitoring SIP submittal includes the original November 17, 2022 
submittal plus the December 19, 2022 supplement and the February 27, 
2023 letter. The source-monitoring submittal includes all of section 
22a-174-4a, except 22a-174-4a(g)(6)), which would have allowed CT DEEP 
to waive certain minimum data availability requirements. The submittal 
also includes several citation updates to other SIP-approved 
regulations. These citation updates are in RCSA sections 22a-174-
20(a)(12), 22a-174-22e(m)(1), and 22a-174-22e(m)(4). In addition, the 
submittal provides additional information about CT DEEP's 
implementation of ``out-of-control'' periods. Specifically, the 
provisions of 40 CFR 75, Appendix B and 40 CFR 60, Appendix F describe 
when an out-of-control period begins and ends. Therefore, determination 
of these periods would not be a matter of discretionary judgment by CT 
DEEP.
    EPA has determined that CT DEEP's source-monitoring SIP submittal 
strengthens its source monitoring requirements and, thus, the state's 
ability to detect violations of emission limits.

III. Proposed Action

    EPA is proposing to approve RCSA Section 22a-174-4a ``Source 
monitoring, record keeping and reporting,'' except for section 22a-174-
4a(g)(6). We are also proposing to approve modifications to sections 
22a-174-20(a)(12), 22a-174-22e(m)(1), and 22a-174-22e(m)(4) into the 
Connecticut SIP. In addition, we are proposing to replace RCSA section 
22a-174-4, which is currently in the Connecticut SIP, with RCSA section 
22a-174-4a.
    As described above, CT DEEP has adequately demonstrated that its 
source-monitoring SIP revisions would strengthen Connecticut's 
monitoring requirements and, thus, the state's ability to detect 
violations of emission limits. Moreover, these revisions will not 
interfere with attainment or maintenance of air quality standards or 
other applicable CAA requirements as required by section 110(l) of the 
CAA.
    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 regulation section 22a-174-4a (source 
monitoring, record keeping and reporting), and modifications to 
sections 22a-174-20(a)(12), 22a-174-22e(m)(1), and 22a-174-22e(m)(4) 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).
    EPA is also proposing to remove Connecticut's regulation section 
22a-174-4 (source monitoring, record keeping and reporting), which was 
approved July 16, 2014 (79 FR 41427), from the Connecticut SIP.

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. See 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 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 (Public Law 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);

[[Page 14795]]

     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 Clean Air Act.
    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, 
Feb. 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, 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.''
    The Connecticut DEEP did not evaluate environmental justice 
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.

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: February 23, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-04133 Filed 2-28-24; 8:45 am]
BILLING CODE 6560-50-P