80 FR 43960 - Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Prevention of Significant Deterioration and Nonattainment New Source Review
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 142 (July 24, 2015)
Federal Register Volume 80, Issue 142 (July 24, 2015)
| Page Range | 43960-43964 | |
| FR Document | 2015-17664 |
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)] [Rules and Regulations] [Pages 43960-43964] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17664] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2014-0842; A-1-FRL-9927-32-Region 1] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Prevention of Significant Deterioration and Nonattainment New Source Review AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to fully approve revisions to the State of Connecticut's State Implementation Plan (SIP) relating to regulation of fine particulate matter (PM2.5 ) emissions within the context of EPA's Prevention of Significant Deterioration (PSD) regulations. EPA is also approving clarifications to the applicability section of Connecticut's Nonattainment New Source Review (NNSR) regulations. These revisions will be part of Connecticut's major stationary source preconstruction permitting programs, and are intended to align Connecticut's regulations with the federal PSD and NNSR regulations. This action is being taken in accordance with the Clean Air Act (CAA). DATES: This direct final rule will be effective September 22, 2015, unless EPA receives adverse comments by August 24, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R01-OAR-2014-0842 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected] 3. Fax: (617) 918-0657. 4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0842'', Donald Dahl, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. 5. Hand Delivery or Courier: Deliver your comments to: Donald Dahl, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post Office Square--Suite 100 (Mail code OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Instructions: Direct your comments to Docket ID No. EPA-R01-OAR- 2014-0842. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov, or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information may not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, [[Page 43961]] is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, 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. In addition, a copy of the state submittal is also available for public inspection during normal business hours, by appointment at the State Air Agency; the Bureau of Air Management, Department of Energy and Environmental Protection, State Office Building, 79 Elm Street, Hartford, CT 06106-1630. FOR FURTHER INFORMATION CONTACT: Donald Dahl, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. Mr. Dahl's telephone number is (617) 918-1657; email address: [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. Table of Contents I. What is the background for EPA's action? II. What is EPA's analysis of Connecticut's proposed SIP revisions? A. Connecticut's September 27, 2012 SIP Submission B. Connecticut's October 9, 2012 SIP Submission III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is the background for EPA's action? On September 27, 2012 and October 9, 2012, the State of Connecticut's Department of Energy and Environmental Protection (CT DEEP) submitted to EPA proposed formal revisions to Connecticut's State Implementation Plan (SIP). The submitted SIP revisions consist of: (1) Amendments to Connecticut's PSD regulations and tables to address PM2.5 emissions; (2) a notice requirement to be provided to states affected by emissions from major new or modified construction; (3) one modified definition relating to the State's PSD program; (4) language amending an existing section of the State's NNSR SIP regulations for purposes of clarification; and (5) the addition of PM2.5 in an emissions offset provision of the State's NNSR regulations. Each of these revisions relates to requirements contained in EPA's regulations codified at either 40 CFR 51.165 (NNSR) or 51.166 (PSD). II. What is EPA's analysis of Connecticut's proposed SIP revisions? Connecticut is currently a SIP-approved state for all CAA major stationary source preconstruction permitting programs, PSD and NNSR. EPA's analysis of Connecticut's September 27, 2012 and October 9, 2012 submissions in relation to those federal programs appears below. A. Connecticut's September 27, 2012 SIP Submission Connecticut's submission included sections 22a-174-2a(b)(5)(E) and (b)(6) of its air program regulations. Those provisions clarify when and which entities will receive from the CT DEEP a copy of the notice of the State's ``tentative determination'' (or draft major stationary source preconstruction permit). More specifically, Connecticut's SIP- approved regulations had not previously contained a provision requiring notice (prior to issuance of a PSD permit) to states whose air quality may be affected by emissions from a major new or modified source. EPA identified this missing requirement when determining whether Connecticut's SIP met the affected state notification requirement in CAA section 110(a)(2)(D)(ii) and 40 CFR 51.166(q)(2)(iv). On October 16, 2012, EPA conditionally approved Connecticut's infrastructure SIP for the 1997 and 2006 PM2.5 standards. See 77 FR 63228. The portion of the October 16, 2012 conditional approval addressed by the State's September 27, 2012 SIP revision involved the requirement that Connecticut notify other affected states prior to issuing a PSD permit. EPA has analyzed the submitted provisions and has determined that they are consistent with EPA's regulations, including the requirement at 40 CFR 51.166(q)(2)(iv) applicable to affected state notice. Therefore, EPA is fully approving the revisions into Connecticut's SIP. B. Connecticut's October 9, 2012 SIP Submission Connecticut's submission addresses PM2.5 emissions requirements for PSD permitting by adding PM2.5 to several sections of the State's SIP regulations. These sections are Section 22a-174-1 (definition of ``Major source baseline date'') and Tables 3a(i)-1 (Ambient Impact \1\), 3a(k)-1 (Significant Emission Rate Thresholds) and 3a(k)-2 (PSD Increment) in Section 22a-174-3a. --------------------------------------------------------------------------- \1\ The values contained in Connecticut's Ambient Impact table correspond to EPA's Significant Impact Levels (SILs). --------------------------------------------------------------------------- Connecticut's SIP-approved regulations had not previously contained provisions that addressed PM2.5 requirements for PSD permitting. EPA identified these missing requirements when determining whether Connecticut's infrastructure SIP met the requirements of a fully approved PSD program set forth in CAA sections 110(a)(2)(C), (D)(i)(II) and (J). On October 16, 2012, EPA conditionally approved Connecticut's infrastructure SIP for the 1997 and 2006 PM2.5 standards. See 77 FR 63228. The portion of EPA's October 16, 2012 conditional approval addressed by the State's October 9, 2012 SIP revision submission involved establishing a Significant Emission Rate Threshold for PM2.5 emissions and precursors to PM2.5 , PM2.5 increment, and adding PM2.5 to the definition of ``Major source baseline date.'' The October 9, 2012 submission also included revisions to Connecticut's NNSR regulations. These revisions are to Section 22a-174- 3a(l)(1) (applicability), discussed in more detail below, and Section 22a-174-3a(l)(4)(B)(iv), adding PM2.5 to a list of pollutants relevant to emissions offsets. We note, however, that Connecticut currently does not have any PM2.5 nonattainment areas. In EPA's ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers,'' Final Rule, 73 FR 28321 (May 16, 2008), EPA established a new significance level for PM2.5 emissions. In EPA's ``Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5 )--Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC),'' Final Rule, 75 FR 64864 (October 20, 2010), EPA established increments, SILs, and SMCs for PM2.5 emissions. Both of these EPA rules required Connecticut to amend their state regulations for permitting major new and modified major [[Page 43962]] stationary sources in relation to the PM2.5 NAAQS. On January 22, 2013, the United States Court of Appeals for the District of Columbia Circuit granted a request from EPA to vacate and remand to EPA the portions of the PM2.5 PSD Increment-SILs- SMC Rule (40 CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) addressing the SILs for PM2.5 so that EPA could voluntarily correct an error in these provisions. See Sierra Club v. EPA, 705 F.3d 458, 463-66 (D.C. Cir. 2013). The court declined to vacate the SILs provision at 40 CFR 51.165(b)(2) that did not contain that same error. Id. The Court also vacated the part of the PM2.5 PSD Increment-SILs-SMC Rule establishing the PM2.5 SMC for the PSD permitting program, finding that EPA was precluded from using the PM2.5 SMC to exempt permit applicants from the statutory requirement to compile and submit preconstruction monitoring data as part of a complete PSD application. Id. at 469. On December 9, 2013, EPA issued a final rulemaking to remove the vacated PM2.5 SILs provisions and revising the existing PM2.5 SMC listed in 40 CFR 51.166(i)(5)(i)(c) to zero micrograms per cubic meter (0 [mu]g/m\3\). See 78 FR 73698. Connecticut has never adopted an SMC for PM2.5 emissions pursuant to 40 CFR 51.166(i)(5), which was vacated by the United States Court of Appeals for the District of Columbia Circuit, because the provision is an optional element of a state's program and Connecticut chose not to include that element in its program. Connecticut's regulations also do not contain provisions that address the SIL provisions at 40 CFR 51.166(k)(2) vacated by the Court. EPA has analyzed the above-described amended sections of Connecticut's regulations and has determined those sections are consistent with the requirements codified at 40 CFR 51.166, and therefore should be approved into Connecticut's SIP. Connecticut's October 9, 2012 submission also included amendments to certain sections of the State's NNSR regulations. One change affected section 22a-174-3a(l)(1) of Connecticut's regulations and was adopted to clarify that the applicability of the State's NNSR requirements is triggered in designated nonattainment areas by emissions of the pollutant for which the area is designated nonattainment. As noted earlier, Connecticut also added PM2.5 emissions to a list of pollutants in section 22a-174-3a(l)(4)(B)(iv), which addresses emission reduction credits. As also noted earlier, however, Connecticut currently does not have any PM2.5 nonattainment areas. EPA has analyzed the above-described amended sections of Connecticut's regulations and has determined those sections are consistent with the requirements codified at 40 CFR 51.165, and therefore should be approved into Connecticut's SIP. The State's October 9, 2012 submission also included an amendment to Table 3a(i)-1 of section 22a-174-3a, adding values for PM2.5 Ambient Impact (these values are equivalent conceptually to EPA's SILs). The State's October 9, 2012 submission also included section 22a-174-3a(l)(l)(C), which requires sources to undergo NNSR and permitting even though they are located in attainment areas or areas that are unclassifiable, but only if the allowable emissions from such sources would cause or exacerbate a violation of a NAAQS in an adjacent nonattainment area. EPA is approving these two revisions to Connecticut's SIP. In doing so, however, we note that section 22a-174-3a(l)(l)(C) contains a reference to Table 3a(i)-1 of section 22a-174-3a (the State's Ambient Impact values) and specifies that if the modeled ambient impacts from a source's allowable emissions would be below those impact values the NNSR permitting requirements of section 22a-174-3a(l)(l)(C) would then not apply. EPA interprets this provision to only apply in the state's NNSR permitting program to determine whether a source locating in an attainment or unclassifiable area will cause or exacerbate a violation of the NAAQS in an adjacent nonattainment area and thus be subject to NNSR review under the particular requirements of the Connecticut SIP. As this provision only appears in the state's NNSR permitting rules, EPA does not interpret this provision to apply in Connecticut's PSD permitting program to determine whether a proposed new or modified source would cause or contribute to a violation of the NAAQS anywhere. Thus, this narrowly drafted NNSR applicability provision and the manner in which Connecticut's regulation applies the ambient impact values from Table 3a(i)-1 in this provision are not in conflict with the DC Circuit decision in Sierra Club v. EPA that vacated EPA's SIL provision at 40 CFR 51.166(k)(2). EPA views Section 22a-174-3a(l)(l)(C) as a NNSR applicability provision that has no effect on Connecticut's PSD permitting program, which still requires that a proposed new or modified source locating in an attainment or unclassifiable area to make an appropriate demonstration that it does not cause or contribute to a violation of any NAAQS or increment. See Section 22a-174-3a(k) of CT DEEP's regulations. III. Final Action Pursuant to section 110 of the CAA, EPA is fully approving Connecticut's September 27, 2012 and October 9, 2012 SIP revisions. The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revisions should relevant adverse comments be filed. This rule will be effective September 22, 2015 without further notice unless the Agency receives relevant adverse comments by August 24, 2015. If the EPA receives such comments, then EPA will publish a notice withdrawing today's final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 22, 2015 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. 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 State of Connecticut Department of Energy and Environmental Protection Regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). [[Page 43963]] 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. 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); 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; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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). 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 22, 2015. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Sulfur oxides, Volatile organic compounds. Dated: April 20, 2015. H. Curtis Spalding, Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED] 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 paragraphs (c)(107) and (108) to read as follows: Sec. 52.370 Identification of plan * * * * * (c) * * * (107) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on September 27, 2012. (i) Incorporation by reference. (A) Regulations of Connecticut State Agencies Section 22a-174- 2a(b)(5) introductory text and Section 22a-174-2a(b)(5)(E), as published in the Connecticut Law Journal on October 23, 2012, effective September 10, 2012. (B) Regulations of Connecticut State Agencies Section 22a-174- 2a(b)(6), as published in the Connecticut Law Journal on October 23, 2012, effective September 10, 2012. (108) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on October 9, 2012. (i) Incorporation by reference. (A) Regulations of Connecticut State Agencies Section 22a-174- 1(62), as published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (B) Regulations of Connecticut State Agencies Section 22a-174- 3a(i), Table 3a(i)-1, published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (C) Regulations of Connecticut State Agencies revisions to Section 22a-174-3a(k), Table 3a(k)-1, published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (D) Regulations of Connecticut State Agencies revisions to Section 22a-174-3a(k), Table 3a(k)-2, published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (E) Regulations of Connecticut State Agencies revisions to Section 22a-174-3a (l)(1), published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (F) Regulations of Connecticut State Agencies revisions to Section 22a-174-3a(l)(4)(B) introductory text and Section 22a-174- 3a(l)(4)(B)(iv), published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. [[Page 43964]] 0 3. In Sec. 52.385, Table 52.385 is amended by adding new entries to existing state citations for 22a-174-1, 22a-174-2a, and 22a-174-3a to read as follows: Sec. 52.385 EPA-approved Connecticut regulations. * * * * * Table 52.385--EPA-Approved Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- Dates Connecticut State -------------------------------- Federal Register Section citation Title/subject Date adopted Date approved citation 52.370 Comments/description by State by EPA -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 22a-174-1................ Definitions............ 9/10/2012 7/24/2015 [Insert Federal (c)(108) Modified definition of Register citation]. ``major source baseline date'' for purposes of adding PM2.5. * * * * * * * 22a-174-2a............... Procedural Requirements 9/10/2012 7/24/2015 [Insert Federal (c)(107) Only sections 22a-174- for New Source Review Register citation]. 2a(b)(5)(E) and (b)(6) are and Title V Permitting. being approved. * * * * * * * 22a-174-3a............... Permit to Construct and 9/10/2012 7/24/2015 [Insert Federal (c)(108) Added Ambient Impact values Operate Stationary Register citation]. for PM2.5 in Table 3a(i)- Sources. 1, Significant Emission Rate Thresholds for PM2.5 emissions and its precursors in Table 3a(k)- 1, PM2.5 increment added to Table 3a(k)-2, and PM2.5 added to section 22a- 174-3a(l)(4)(B)(iv). Revised section 22a-174- 3a(l)(1). * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-17664 Filed 7-23-15; 8:45 am] BILLING CODE 6560-50-P
![43960 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations
of the United States. EPA will submit a attainment demonstration, associated Protection Agency, EPA New England
report containing this action and other reasonably available control measures, a Regional Office, Office of Ecosystem
required information to the U.S. Senate, reasonable further progress plan, Protection, Air Permits, Toxics, and
the U.S. House of Representatives, and contingency measures, and other Indoor Programs Unit, 5 Post Office
the Comptroller General of the United planning SIPs related to attainment of Square—Suite 100, (Mail code OEP05–
States prior to publication of the rule in the standard as long as this area 2), Boston, MA 02109–3912.
the Federal Register. A major rule continues to meet the 2008 Pb NAAQS. 5. Hand Delivery or Courier: Deliver
cannot take effect until 60 days after it (b) [Reserved] your comments to: Donald Dahl, U.S.
is published in the Federal Register. [FR Doc. 2015–18103 Filed 7–23–15; 8:45 am] Environmental Protection Agency, EPA
This action is not a ‘‘major rule’’ as BILLING CODE 6560–50–P
New England Regional Office, Office of
defined by 5 U.S.C. 804(2). Ecosystem Protection, Air Permits,
Under section 307(b)(1) of the CAA, Toxics, and Indoor Programs Unit, 5
petitions for judicial review of this ENVIRONMENTAL PROTECTION Post Office Square—Suite 100 (Mail
action must be filed in the United States AGENCY code OEP05–2), Boston, MA 02109–
Court of Appeals for the appropriate 3912. Such deliveries are only accepted
circuit by September 22, 2015. Filing a 40 CFR Part 52 during the Regional Office’s normal
petition for reconsideration by the hours of operation. The Regional
[EPA–R01–OAR–2014–0842; A–1–FRL–
Administrator of this final rule does not 9927–32–Region 1]
Office’s official hours of business are
affect the finality of this action for the Monday through Friday, 8:30 a.m. to
purposes of judicial review nor does it Approval and Promulgation of Air 4:30 p.m., excluding legal holidays.
extend the time within which a petition Quality Implementation Plans; Instructions: Direct your comments to
for judicial review may be filed, and Connecticut; Prevention of Significant Docket ID No. EPA–R01–OAR–2014–
shall not postpone the effectiveness of Deterioration and Nonattainment New 0842. EPA’s policy is that all comments
such rule or action. Parties with Source Review received will be included in the public
objections to this direct final rule are docket without change and may be
encouraged to file a comment in AGENCY: Environmental Protection made available online at
response to the parallel notice of Agency (EPA). www.regulations.gov, including any
proposed rulemaking for this action ACTION: Direct final rule. personal information provided, unless
published in the proposed rules section the comment includes information
SUMMARY: The Environmental Protection claimed to be Confidential Business
of this Federal Register, rather than file Agency (EPA) is taking direct final
an immediate petition for judicial Information (CBI) or other information
action to fully approve revisions to the whose disclosure is restricted by statute.
review of this direct final rule, so that State of Connecticut’s State
EPA can withdraw this direct final rule Do not submit through
Implementation Plan (SIP) relating to www.regulations.gov, or email,
and address the comment in the regulation of fine particulate matter
proposed rulemaking. This action may information that you consider to be CBI
(PM2.5) emissions within the context of or otherwise protected. The
not be challenged later in proceedings to EPA’s Prevention of Significant
enforce its requirements. (See section www.regulations.gov Web site is an
Deterioration (PSD) regulations. EPA is ‘‘anonymous access’’ system, which
307(b)(2)). also approving clarifications to the means EPA will not know your identity
List of Subjects in 40 CFR Part 52 applicability section of Connecticut’s or contact information unless you
Nonattainment New Source Review provide it in the body of your comment.
Environmental protection, Air
(NNSR) regulations. These revisions If you send an email comment directly
pollution control, Incorporation by
will be part of Connecticut’s major to EPA without going through
reference, Intergovernmental relations,
stationary source preconstruction www.regulations.gov your email address
Lead, Reporting and recordkeeping
permitting programs, and are intended will be automatically captured and
requirements.
to align Connecticut’s regulations with included as part of the comment that is
Dated: July 14, 2015. the federal PSD and NNSR regulations. placed in the public docket and made
Susan Hedman, This action is being taken in accordance available on the Internet. If you submit
Regional Administrator, Region 5. with the Clean Air Act (CAA). an electronic comment, EPA
40 CFR part 52 is amended as follows: DATES: This direct final rule will be recommends that you include your
effective September 22, 2015, unless name and other contact information in
PART 52—APPROVAL AND EPA receives adverse comments by the body of your comment and with any
PROMULGATION OF August 24, 2015. If adverse comments disk or CD–ROM you submit. If EPA
IMPLEMENTATION PLANS are received, EPA will publish a timely cannot read your comment due to
withdrawal of the direct final rule in the technical difficulties and cannot contact
■ 1. The authority citation for part 52 Federal Register informing the public you for clarification, EPA may not be
continues to read as follows: that the rule will not take effect. able to consider your comment.
Authority: 42 U.S.C. 7401 et seq. ADDRESSES: Submit your comments, Electronic files should avoid the use of
■ 2. Add § 52.1188 to read as follows: identified by Docket ID Number EPA– special characters, any form of
R01–OAR–2014–0842 by one of the encryption, and be free of any defects or
§ 52.1188 Control strategy: Lead (Pb). viruses.
following methods:
(a) Based upon EPA’s review of the air 1. www.regulations.gov: Follow the Docket: All documents in the
quality data for the three-year period electronic docket are listed in the
rmajette on DSK2VPTVN1PROD with RULES
on-line instructions for submitting
2012 to 2014, EPA determined that the comments. www.regulations.gov index. Although
Belding, MI Pb nonattainment area has 2. Email: dahl.donald@epa.gov listed in the index, some information
attained the 2008 Pb National Ambient 3. Fax: (617) 918–0657. may not publicly available, e.g., CBI or
Air Quality Standard (NAAQS). This 4. Mail: ‘‘Docket Identification other information whose disclosure is
clean data determination suspends the Number EPA–R01–OAR–2014–0842’’, restricted by statute. Certain other
requirements for this area to submit an Donald Dahl, U.S. Environmental material, such as copyrighted material,
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![Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations 43963
V. Statutory and Executive Order tribal implications and will not impose PART 52—[AMENDED]
Reviews substantial direct costs on tribal
governments or preempt tribal law as ■ 1. The authority citation for part 52
Under the Clean Air Act, the
specified by Executive Order 13175 (65 continues to read as follows:
Administrator is required to approve a
SIP submission that complies with the FR 67249, November 9, 2000). Authority: 42 U.S.C. 7401 et seq.
The Congressional Review Act, 5
provisions of the Act and applicable
U.S.C. 801 et seq., as added by the Small Subpart H—Connecticut
Federal regulations. 42 U.S.C. 7410(k);
Business Regulatory Enforcement
40 CFR 52.02(a). Thus, in reviewing SIP ■ 2. Section 52.370 is amended by
Fairness Act of 1996, generally provides
submissions, EPA’s role is to approve adding paragraphs (c)(107) and (108) to
that before a rule may take effect, the
state choices, provided that they meet agency promulgating the rule must read as follows:
the criteria of the Clean Air Act. submit a rule report, which includes a
Accordingly, this action merely copy of the rule, to each House of the
§ 52.370 Identification of plan
approves state law as meeting Federal Congress and to the Comptroller General * * * * *
requirements and does not impose of the United States. EPA will submit a (c) * * *
additional requirements beyond those report containing this action and other (107) Revisions to the State
imposed by state law. For that reason, required information to the U.S. Senate, Implementation Plan submitted by the
this action: the U.S. House of Representatives, and Connecticut Department of Energy and
• Is not a significant regulatory action the Comptroller General of the United Environmental Protection on September
subject to review by the Office of States prior to publication of the rule in 27, 2012.
Management and Budget under the Federal Register. A major rule (i) Incorporation by reference.
Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it (A) Regulations of Connecticut State
October 4, 1993) and 13563 (76 FR 3821, is published in the Federal Register. Agencies Section 22a–174–2a(b)(5)
January 21, 2011); This action is not a ‘‘major rule’’ as introductory text and Section 22a–174–
• does not impose an information defined by 5 U.S.C. 804(2). 2a(b)(5)(E), as published in the
collection burden under the provisions Under section 307(b)(1) of the Clean Connecticut Law Journal on October 23,
of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of 2012, effective September 10, 2012.
U.S.C. 3501 et seq.); this action must be filed in the United (B) Regulations of Connecticut State
• is certified as not having a States Court of Appeals for the Agencies Section 22a–174–2a(b)(6), as
significant economic impact on a appropriate circuit by September 22, published in the Connecticut Law
substantial number of small entities 2015. Filing a petition for Journal on October 23, 2012, effective
under the Regulatory Flexibility Act (5 reconsideration by the Administrator of September 10, 2012.
U.S.C. 601 et seq.); this final rule does not affect the finality (108) Revisions to the State
• does not contain any unfunded of this action for the purposes of judicial Implementation Plan submitted by the
mandate or significantly or uniquely review nor does it extend the time Connecticut Department of Energy and
affect small governments, as described within which a petition for judicial Environmental Protection on October 9,
in the Unfunded Mandates Reform Act review may be filed, and shall not 2012.
of 1995 (Pub. L. 104–4); postpone the effectiveness of such rule (i) Incorporation by reference.
• does not have Federalism or action. Parties with objections to this (A) Regulations of Connecticut State
implications as specified in Executive direct final rule are encouraged to file a Agencies Section 22a–174–1(62), as
Order 13132 (64 FR 43255, August 10, comment in response to the parallel published in the Connecticut Law
1999); notice of proposed rulemaking for this Journal on October 16, 2012, effective
• is not an economically significant action published in the proposed rules September 10, 2012.
regulatory action based on health or section of today’s Federal Register, (B) Regulations of Connecticut State
safety risks subject to Executive Order rather than file an immediate petition Agencies Section 22a–174–3a(i), Table
13045 (62 FR 19885, April 23, 1997); for judicial review of this direct final 3a(i)–1, published in the Connecticut
• is not a significant regulatory action rule, so that EPA can withdraw this Law Journal on October 16, 2012,
subject to Executive Order 13211 (66 FR direct final rule and address the effective September 10, 2012.
28355, May 22, 2001); comment in the proposed rulemaking. (C) Regulations of Connecticut State
• is not subject to requirements of This action may not be challenged later Agencies revisions to Section 22a–174–
Section 12(d) of the National in proceedings to enforce its 3a(k), Table 3a(k)–1, published in the
Technology Transfer and Advancement requirements. (See section 307(b)(2).) Connecticut Law Journal on October 16,
Act of 1995 (15 U.S.C. 272 note) because 2012, effective September 10, 2012.
application of those requirements would List of Subjects in 40 CFR Part 52 (D) Regulations of Connecticut State
be inconsistent with the Clean Air Act; Environmental protection, Air Agencies revisions to Section 22a–174–
and pollution control, Carbon monoxide, 3a(k), Table 3a(k)–2, published in the
• does not provide EPA with the Incorporation by reference, Connecticut Law Journal on October 16,
discretionary authority to address, as Intergovernmental relations, Lead, 2012, effective September 10, 2012.
appropriate, disproportionate human Nitrogen dioxide, Ozone, Particulate (E) Regulations of Connecticut State
health or environmental effects, using matter, Reporting and recordkeeping, Agencies revisions to Section 22a–174–
practicable and legally permissible Sulfur oxides, Volatile organic 3a (l)(1), published in the Connecticut
methods, under Executive Order 12898 compounds. Law Journal on October 16, 2012,
rmajette on DSK2VPTVN1PROD with RULES
(59 FR 7629, February 16, 1994). effective September 10, 2012.
Dated: April 20, 2015.
In addition, the SIP is not approved (F) Regulations of Connecticut State
to apply on any Indian reservation land H. Curtis Spalding, Agencies revisions to Section 22a–174–
or in any other area where EPA or an Regional Administrator, EPA New England. 3a(l)(4)(B) introductory text and Section
Indian tribe has demonstrated that a Part 52 of chapter I, title 40 of the 22a–174–3a(l)(4)(B)(iv), published in the
tribe has jurisdiction. In those areas of Code of Federal Regulations is amended Connecticut Law Journal on October 16,
Indian country, the rule does not have as follows: 2012, effective September 10, 2012.
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![43964 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations
■ 3. In § 52.385, Table 52.385 is 22a–174–2a, and 22a–174–3a to read as § 52.385 EPA-approved Connecticut
amended by adding new entries to follows: regulations.
existing state citations for 22a–174–1, * * * * *
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut Federal Register Section
State Title/subject Comments/description
Date adopted Date approved citation 52.370
citation by State by EPA
* * * * * * *
22a–174–1 ..... Definitions .......... 9/10/2012 7/24/2015 [Insert Federal (c)(108) Modified definition of ‘‘major source
Register cita- baseline date’’ for purposes of
tion]. adding PM2.5.
* * * * * * *
22a–174–2a ... Procedural Re- 9/10/2012 7/24/2015 [Insert Federal (c)(107) Only sections 22a–174–2a(b)(5)(E)
quirements for Register cita- and (b)(6) are being approved.
New Source tion].
Review and
Title V Permit-
ting.
* * * * * * *
22a–174–3a ... Permit to Con- 9/10/2012 7/24/2015 [Insert Federal (c)(108) Added Ambient Impact values for
struct and Op- Register cita- PM2.5 in Table 3a(i)–1, Signifi-
erate Sta- tion]. cant Emission Rate Thresholds
tionary Sources. for PM2.5 emissions and its pre-
cursors in Table 3a(k)–1, PM2.5
increment added to Table 3a(k)–
2, and PM2.5 added to section
22a–174–3a(l)(4)(B)(iv). Revised
section 22a–174–3a(l)(1).
* * * * * * *
[FR Doc. 2015–17664 Filed 7–23–15; 8:45 am] Mexico Environment Department’s Information (CBI) or other information
BILLING CODE 6560–50–P (NMED) document viewing locations. the disclosure of which is restricted by
DATES: This rule is effective on statute. Do not submit information
September 22, 2015 without further through http://www.regulations.gov or
ENVIRONMENTAL PROTECTION notice, unless EPA receives relevant email, if you believe that it is CBI or
AGENCY adverse comment by August 24, 2015. If otherwise protected from disclosure.
EPA receives such comment, EPA will The http://www.regulations.gov Web
40 CFR Part 52 site is an ‘‘anonymous access’’ system,
publish a timely withdrawal in the
[EPA–R06–OAR–2015–0172; FRL–9931–09– Federal Register informing the public which means that EPA will not know
Region 6] that this rule will not take effect. your identity or contact information
ADDRESSES: Submit your comments, unless you provide it in the body of
Approval and Promulgation of identified by Docket No. EPA–R06– your comment. If you send an email
Implementation Plans; New Mexico; OAR–2015–0172, by one of the comment directly to EPA without going
Electronic Reporting Consistent With following methods: through http://www.regulations.gov,
the Cross Media Electronic Reporting • www.regulations.gov: Follow the your email address will be
Rule on-line instructions. automatically captured and included as
AGENCY: Environmental Protection • Email: fuerst.sherry@epa.gov. part of the comment that is placed in the
Agency (EPA). • Mail or delivery: Mr. Guy public docket and made available on the
Donaldson, Chief, Air Planning Section Internet. If you submit an electronic
ACTION: Direct final rule.
(6PD–L), Environmental Protection comment, EPA recommends that you
SUMMARY: The Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, include your name and other contact
Agency (EPA) is approving a State Dallas, Texas 75202–2733. information in the body of your
Implementation Plan (SIP) revision Instructions: Direct your comments to comment along with any disk or CD–
submitted by the State of New Mexico. Docket ID No. EPA–R06–OAR–2015– ROM submitted. If EPA cannot read
The revision pertains primarily to 0172. EPA’s policy is that all comments your comment due to technical
electronic reporting and would require received will be included in the public difficulties and cannot contact you for
rmajette on DSK2VPTVN1PROD with RULES
electronic reporting of documents docket without change and may be clarification, EPA may not be able to
submitted for compliance with Clean made available online at http:// consider your comment. Electronic files
Air Act (CAA) requirements. The www.regulations.gov, including any should avoid the use of special
revision also includes other changes personal information provided, unless characters and any form of encryption
which are non-substantive and the comment includes information and should be free of any defects or
primarily address updates to New claimed to be Confidential Business viruses. For additional information
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Document Created: 2018-02-23 09:24:46
Document Modified: 2018-02-23 09:24:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective September 22, 2015, unless EPA receives adverse comments by August 24, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Donald Dahl, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. | |
| FR Citation | 80 FR 43960 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping; Sulfur Oxides and Volatile Organic Compounds |
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