[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Rules and Regulations]
[Pages 60827-60830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16415]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R01-OAR-2024-0325; FRL-12126-01-R1]


Designations of Areas for Air Quality Planning Purposes; 
Connecticut; Greater Connecticut 2015 8-Hour Ozone Nonattainment Area; 
Reclassification to Serious

AGENCY: Environmental Protection Agency (EPA).

[[Page 60828]]


ACTION: Final rule.

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SUMMARY: Under the Clean Air Act (CAA or the ``Act''), the 
Environmental Protection Agency (EPA) is granting a request from the 
State of Connecticut to reclassify the Greater Connecticut ozone 
nonattainment area from ``Moderate'' to ``Serious'' for the 2015 8-hour 
ozone national ambient air quality standards (NAAQS). This action does 
not reclassify any areas of Indian country within the boundaries of 
this ozone nonattainment area.

DATES: This rule is effective on July 29, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2024-0325. 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: Patrick Lillis, Air and Radiation 
Division (Mail Code 5-MI), U.S. Environmental Protection Agency, Region 
1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; 
tel. (617) 918-1067, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Reclassification of the Greater Connecticut Area to Serious Ozone 
Nonattainment
II. Statutory and Executive Order Reviews

I. Reclassification of the Greater Connecticut Area to Serious Ozone 
Nonattainment

    Effective November 7, 2022 the EPA reclassified the Greater 
Connecticut area under the CAA from ``Marginal'' to ``Moderate'' for 
the 2015 8-hour ozone NAAQS. See 87 FR 60897 (October 7, 2022).\1\ This 
area is herein referred to as the Greater Connecticut 2015 NAAQS 
nonattainment area. Classification of this area as a Moderate ozone 
nonattainment area established a requirement that the area attain the 
2015 ozone NAAQS as expeditiously as practicable, but no later than six 
years from the date of the original designation for the area, i.e., by 
August 3, 2024. On June 13, 2024, the Connecticut Department of Energy 
and Environmental Protection requested that the EPA reclassify the 
Greater Connecticut 2015 ozone NAAQS nonattainment area from Moderate 
to Serious if EPA either fails to issue a decision on Connecticut's 
exceptional events demonstration in a timely manner or EPA determines 
that certain data requested for exclusion does not qualify for 
exclusion under the Exceptional Events rule.\2\ In accordance with 
Connecticut's June 13, 2024 letter, we are reclassifying the Greater 
Connecticut 2015 NAAQS nonattainment area to Serious as the State 
requested.
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    \1\ See 83 FR 25776; June 4, 2018.
    \2\ A copy of Connecticut's exceptional events demonstration and 
EPA's decision is included in the docket for this rule.
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    We are approving Connecticut's reclassification request under 
section 181(b)(3) of the Act, which provides for ``voluntary 
reclassification.'' Because the plain language of CAA section 181(b)(3) 
mandates that we approve such a request, the EPA is granting 
Connecticut's request for voluntary reclassification under section 
181(b)(3) for the Greater Connecticut NAAQS nonattainment area for the 
2015 ozone NAAQS, and the EPA is reclassifying the area from Moderate 
to Serious. Because of this action, the Greater Connecticut 2015 NAAQS 
nonattainment area must now attain the 2015 ozone NAAQS as 
expeditiously as practicable, but no later than nine years from the 
date of the initial designation as nonattainment, i.e., by August 3, 
2027. We will propose a schedule for required plan submittals for the 
Greater Connecticut 2015 ozone NAAQS nonattainment area under the new 
classification in a separate action.
    Within the geographic boundaries of the Greater Connecticut 2015 
ozone NAAQS nonattainment area Indian country exists under the 
jurisdiction of the Mashantucket Pequot Tribal Nation and Mohegan 
Indian Tribe. Because the State of Connecticut does not have 
jurisdiction over Indian country located within its borders, 
Connecticut's request to reclassify the Greater Connecticut 2015 NAAQS 
nonattainment area does not apply to this area of Indian country. The 
EPA implements certain Federal CAA programs, including 
reclassifications, in Indian country consistent with our discretionary 
authority under sections 301(a) and 301(d)(4) of the CAA. The EPA has 
not received a reclassification request from any tribe with 
jurisdiction within the Greater Connecticut 2015 NAAQS nonattainment 
area. In this action, we are adding regulatory text to 40 CFR part 81 
to indicate that the area under the jurisdiction of the Mashantucket 
Pequot Tribal Nation and Mohegan Indian Tribe will retain the Moderate 
classification and the areas under the jurisdiction of the states will 
be reclassified as Serious.
    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are ``impracticable, unnecessary or contrary to the 
public interest.'' The EPA has determined that public notice and 
comment for this action is unnecessary because our action to approve 
voluntary reclassification requests under CAA section 181(b)(3) is 
nondiscretionary both in its issuance and in its content. As such, 
notice and comment rulemaking procedures would serve no useful purpose.
    The EPA also finds that there is good cause under APA section 
553(d)(3) for this reclassification to become effective on the date of 
publication. Section 553(d)(3) of the APA allows an effective date of 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in APA section 553(d)(3) is to 
give affected parties a reasonable time to adjust their behavior and 
prepare before the final rule takes effect. This rule, however, does 
not create any new regulatory requirements such that affected parties 
would need time to prepare before the rule takes effect. The schedule 
for required plan submittals for the Greater Connecticut 2015 NAAQS 
nonattainment area under the new classification will be proposed in a 
separate action. For this reason, the EPA finds good cause under APA 
section 553(d)(3) for this reclassification to become effective on the 
date of publication.

II. Statutory and Executive Order Reviews

    Under the Clean Air Act this action:

[[Page 60829]]

     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, this request 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 industrial, governmental, and 
commercial operations or programs and policies. Connecticut did not 
evaluate environmental justice considerations as part of its 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 27, 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 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone.

    Dated: July 22, 2024.
David Cash,
Regional Administrator, EPA Region 1.

    For the reasons set out in the preamble, the Environmental 
Protection Agency amends 40 CFR Chapter 1 as set forth below:

PART 81--DESIGNATION FOR AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart C--Section 107 Attainment Status Designations

0
2. In Sec.  81.307 the table entitled ``Connecticut--2015 8-Hour Ozone 
NAAQS [Primary and Secondary]'' is amended by revising the entry 
``Greater Connecticut, CT'' and adding the entries ``Mashantucket 
Pequot Tribal Nation'' and ``Mohegan Indian Tribe'' at the end of the 
table to read as follows:


 Sec.  81.307  Connecticut.

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                                                          Connecticut--2015 8-Hour Ozone NAAQS
                                                                 [Primary and secondary]
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                                                            Designation                                              Classification
        Designated area \1\         --------------------------------------------------------------------------------------------------------------------
                                              Date \2\                       Type                          Date \2\                       Type
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Greater Connecticut................  .........................  Nonattainment.................  July 29, 2024.................  Serious.
    Litchfield County.
    Hartford County.
    Tolland County.
    Windham County.
    New London County.

[[Page 60830]]

 
 
                                                                      * * * * * * *
Mashantucket Pequot Tribal Nation..  .........................  Nonattainment.................  August 3, 2018................  Moderate.
Mohegan Indian Tribe...............  .........................  Nonattainment.................  August 3, 2018................  Moderate.
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
  in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
  area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

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[FR Doc. 2024-16415 Filed 7-26-24; 8:45 am]
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