[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Rules and Regulations]
[Pages 75973-75975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2023-0186; FRL-12105-02-R1]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Regional Haze State Implementation Plan for the Second 
Implementation Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
regional haze State implementation plan (SIP) revision submitted by 
Connecticut on January 5, 2022, as satisfying applicable requirements 
under the Clean Air Act (CAA) and EPA's Regional Haze Rule for the 
program's second implementation period. Connecticut's SIP submission 
addresses the requirement that States must periodically revise their 
long-term strategies for making reasonable progress towards the 
national goal of preventing any future, and remedying any existing, 
anthropogenic impairment of visibility, including regional haze, in 
mandatory Class I Federal areas. The SIP submission also addresses 
other applicable requirements for the second implementation period of 
the regional haze program. The EPA is taking this action pursuant to 
sections 110 and 169A of the Clean Air Act.

DATES: This rule is effective on October 17, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2023-0186. 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: Eric Rackauskas, U.S. Environmental 
Protection Agency, Region 1, Air Quality Branch, 5 Post Office Square--
Suite 100, (Mail code 5-MI), Boston, MA 02109-3912, at 617-918-1628, 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. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 5, 2022, the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) submitted a revision to its SIP to 
address regional haze for the second implementation period. CT DEEP 
made this SIP submission to satisfy the requirements of the CAA's 
regional haze program pursuant to CAA sections 169A and 169B and 40 CFR 
51.308. On July 19, 2024, EPA published a notice of proposed rulemaking 
(NPRM) in which EPA proposed to approve Connecticut's January 5, 2022, 
SIP submission as satisfying the regional haze requirements for the 
second implementation period contained in the CAA and 40 CFR 51.308 (89 
FR 58663). EPA is now finalizing its proposed determination that the 
Connecticut regional haze SIP submission for the second implementation 
period meets the applicable statutory and regulatory requirements and 
is thus approving New Hampshire's submission into its SIP.
    Other specific requirements of the Connecticut submittal and the 
rationale for EPA's proposed action are explained in the NPRM and will 
not be restated here.

II. Response to Comments

    EPA received five comments during the comment period. Four 
supported the EPA's proposed action. The fifth comment discusses 
subjects outside the scope of this SIP action and fails to assert (and 
explain how) EPA approval of Connecticut's Regional Haze SIP submission 
is erroneous or otherwise inconsistent with the CAA, applicable 
regulations, or other authorities. As such, the comment does not 
require further response to finalize the action as proposed.

III. Final Action

    EPA is approving Connecticut's January 5, 2022, SIP submission as 
satisfying the regional haze requirements for the second implementation 
period contained in 40 CFR 51.308(f), (g), and (i), and incorporating 
the submission into the State's SIP.

IV. 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. 
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, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines EJ as

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``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 Department of Energy and Environmental Protection 
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 communities with EJ 
concerns.
    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 November 18, 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Sulfur oxides, Volatile organic compounds.

    Dated: September 11, 2024.
David Cash,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, EPA amends part 52 of 
chapter I, title 40 of the Code of Federal Regulations 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)(133) to read as 
follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (133) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
January 5, 2022.
    (i) [Reserved]
    (ii) Additional materials. (A) The Connecticut Department of Energy 
and Environmental Protection document ``Connecticut Regional Haze State 
Implementation Plan Revision--Second Implementation Period (2018-
2028)''.
    (B) [Reserved]

[FR Doc. 2024-21041 Filed 9-16-24; 8:45 am]
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