[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Rules and Regulations]
[Pages 55888-55891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14620]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2023-0377; FRL-11783-02-R1]


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

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. This revision addresses source monitoring in Connecticut. 
The principal revision is replacement of Regulations of Connecticut 
State Agencies (RCSA) section 22a-174-4 (source monitoring, record 
keeping and reporting) with a new regulation section 22a-174-4a, also 
called ``source monitoring, record keeping and reporting,'' in the 
Connecticut SIP. This 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 in accordance with the Clean Air Act.

DATES: This rule is effective on August 7, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2023-0377. 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

[[Page 55889]]

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

I. Background and Purpose

    On February 29, 2024 (89 FR 14792), EPA published a notice of 
proposed rulemaking (NPRM) for the State of Connecticut.
    The NPRM proposed approval of RCSA Section 22a-174-4a ``Source 
monitoring, record keeping and reporting,'' except for section 22a-174-
4a(g)(6), as well as 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, the NPRM proposed to replace RCSA section 22a-174-4 with RCSA 
section 22a-174-4a in the Connecticut SIP.
    The formal SIP revision was submitted by Connecticut on November 
17, 2022. On December 19, 2022, CT DEEP submitted a supplement to this 
SIP revision that withdrew portions of the submitted regulatory text 
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. Therefore, the 
complete SIP submittal included the November 17, 2022, submittal, as 
modified by the December 19, 2022, supplement and the February 27, 
2023, letter.
    CT DEEP's source monitoring SIP submittal strengthens its source 
monitoring requirements and, thus, the State's ability to detect 
violations of emission limits. Detailed rationale for EPA's proposed 
action is explained in the NPRM and will not be restated here.

II. Response to Comments

    EPA received two comments during the comment period. One comment 
supported the EPA's proposed action. One comment discusses subjects 
outside the scope of this SIP action, does not explain (or provide a 
legal basis for) how the proposed action should differ in any way, and 
makes no specific mention of the proposed action. As such, the latter 
comment is not germane and does not require a further response to 
finalize the action as proposed.

III. Final Action

    EPA is approving RCSA Section 22a-174-4a ``Source monitoring, 
record keeping and reporting,'' except for section 22a-174-4a(g)(6), as 
well as modifications to sections 22a-174-20(a)(12), 22a-174-22e(m)(1), 
and 22a-174-22e(m)(4) as a revision to the Connecticut SIP. In 
addition, we are replacing RCSA section 22a-174-4 with RCSA section 
22a-174-4a in the Connecticut SIP.

IV. 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 RCSA 
Regulations, which address source monitoring in Connecticut, described 
in sections I. and III. of this preamble and as set forth in the 
amendments to 40 CFR part 52 below. 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. 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 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 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, 
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, 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

[[Page 55890]]

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.
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 6, 2024. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 27, 2024.
David Cash,
Regional Administrator, EPA Region 1.

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. Amend Sec.  52.370 by adding paragraphs (c)(104)(i)(B)(4) and 
(c)(131) to read as follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (104) * * *
    (i) * * *
    (B) * * *
    (4) Previously approved on July 16, 2014 in paragraph 
(c)(104)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(131)(i)(A) of this section, as regulation 22a-174-4a.
* * * * *
    (131) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
November 17, 2022, and supplemented on December 19, 2022 and February 
27, 2023.
    (i) Incorporation by reference. (A) Regulations of Connecticut 
State Agencies Section 22a-174-4a, entitled ``Source monitoring, record 
keeping, and reporting,'' effective October 28, 2022.
    (B) Regulations of Connecticut State Agencies Section 22a-174-20, 
entitled ``Control of organic compound emissions,'' specifically 22a-
174-20(a)(12), amended by the State of Connecticut on October 28, 2022.
    (C) Regulations of Connecticut State Agencies Section 22a-174-22e, 
entitled ``Control of nitrogen oxides emissions from fuel-burning 
equipment at major stationary sources of nitrogen oxides,'' 
specifically 22a-174-22e(m)(1) and (m)(4), amended by the State of 
Connecticut on October 28, 2022.
    (ii) Additional materials. (A) Letter from the Connecticut 
Department of Energy and Environmental Protection dated November 17, 
2022, submitting a revision to the Connecticut State Implementation 
Plan.
    (B) Letter from the Connecticut Department of Energy and 
Environmental Protection dated December 19, 2022, supplementing a 
revision to the Connecticut State Implementation Plan.
    (C) Letter from the Connecticut Department of Energy and 
Environmental Protection dated February 27, 2023, clarifying a revision 
to the Connecticut State Implementation Plan.

0
3. Amend Sec.  52.385, in table 52.385, by:
0
a. Revising the second entry for ``22a-174-4'' before the entry for 
``22a-174-5'';
0
b. Adding an entry for ``22a-174-4a'' before the entry for ``22a-174-
5'';
0
c. Adding a sixth entry for ``22a-174-20'' before the entry for ``22a-
174-21''; and
0
d. Adding a fourth entry for ``22a-174-22e'' before the entry for 
``22a-174-22f''.
    The revision and additions read as follows:


Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
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                                                                Dates
                                                     --------------------------
  Connecticut State citation       Title/subject          Date         Date        Federal Register          Section 52.370        Comments/ description
                                                       adopted by  approved by         citation
                                                         State          EPA
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                                                                      * * * * * * *
22a-174-4....................  Source monitoring,        4/1/2004    7/16/2014  79 FR 41427..........  (c)(104)..................  Replaced by 22a-174-
                                record keeping, and                                                                                 4a, see (c)(131).
                                reporting.

[[Page 55891]]

 
22a-174-4a...................  Source monitoring,      10/28/2022     7/8/2024  [Insert Federal        (c)(131)..................  Replaces 22a-174-4.
                                record keeping, and                              Register citation].
                                reporting.
 
                                                                      * * * * * * *
22a-174-20...................  Control of organic      10/28/2022     7/8/2024  [Insert Federal        (c)(131)..................  Amends 22a-174-
                                compound emissions.                              Register citation].                                20(a)(12).
 
                                                                      * * * * * * *
22a-174-22e..................  Control of nitrogen     10/28/2022     7/8/2024  [Insert Federal        (c)(131)..................  Amends 22a-174-
                                oxides emissions                                 Register citation].                                2e(m)(1) and (m)(4).
                                from fuel-burning
                                equipment at major
                                stationary sources
                                of nitrogen oxides.
 
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[FR Doc. 2024-14620 Filed 7-5-24; 8:45 am]
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