80 FR 45887 - Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Approval of NOX
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 148 (August 3, 2015)
Federal Register Volume 80, Issue 148 (August 3, 2015)
| Page Range | 45887-45890 | |
| FR Document | 2015-18872 |
[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)] [Rules and Regulations] [Pages 45887-45890] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18872] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2014-0498, FRL-9927-49-Region 1] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Approval of NOX Emission Offset Credits as Single Source SIP Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. The revision approves amendments to two existing Trading and Agreement Orders for new source review nitrogen oxides (NOX ) emission offsets at PSEG Power Connecticut's facility in Bridgeport, Connecticut. This action is being taken in accordance with the Clean Air Act. DATES: This direct final rule will be effective October 2, 2015, unless EPA receives adverse comments by September 2, 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-2014-0498 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-2014-0498'', 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, Air Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, 5th floor, (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 to 4:30 excluding legal holidays. Instructions: Direct your comments to Docket ID No. EPA-R01-OAR- 2014-0498. 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'' systems, 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 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 either electronically in www.regulations.gov or in hard copy at Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 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 to 4:30 excluding legal holidays. In addition to the publicly available docket materials available for inspection electronically in the Federal Docket Management System at www.regulations.gov, and the hard copy available at the Regional Office, which are identified in the ADDRESSES section [[Page 45888]] of this Federal Register, copies of the state submittals are 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, Air Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100, (OEP05-2), Boston, MA 02109-3912, phone number (617) 918-1657, fax number (617) 918-0657, email [email protected] SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. What did Connecticut submit as a SIP revision? II. What is the background for EPA's action in this notice? III. How does Connecticut account for bank emission reduction credits (ERC) in its Ozone SIP? IV. What is EPA's analysis of Connecticut's SIP revision? V. Final Action VI. Incorporation by Reference VII. Statutory and Executive Order Reviews I. What did Connecticut submit as a SIP revision? On October 31, 2012, the State of Connecticut submitted a formal revision to its State Implementation Plan (SIP). The SIP revision consists of two modifications to existing Trading and Agreement Orders (TAO) issued to PSEG Power Connecticut, LLC. The modified TAOs are No. 8187 Modification 1 issued to PSEG Power Connecticut, LLC (formerly Wisvest Connecticut LLC.) and No. 8242 Modification 1 issued to PSEG Power Connecticut, LLC. The modified TAOs remove an outdated restriction in the original TAOs No. 8187 and No. 8242 that limited the use of the NOX offsets to sources that were also subject to a NOX emission trading program in Section 22a-174-22a or 22a-174-22b of Connecticut's regulations, or another NOX budget trading program established by another state in accordance with the Ozone Transport Commission Memorandum of Understanding dated September 27, 1994 or 40 CFR part 96. Connecticut held a public hearing on the proposed SIP revision on October 19, 2012. II. What is the background for EPA's action in this notice? EPA approved the original TAO No. 8187 on March 23, 2001 (see 66 FR 16135). This TAO recognized that Wisvest, the owner of Bridgeport Harbor Electric Generating Station at the time, voluntarily reduced actual NOX emissions from Unit No. 2. The TAO made the voluntary reductions mandatory, thus creating a permanent, enforceable reduction of 816 tons of NOX emissions at Unit No. 2. Subsequently, these NOX emission reductions could be used for offsetting NOX emissions for sources subject to the nonattainment new source review permitting program under Connecticut's Regulation Section 22a-174-3a. As discussed above, TAO No. 8187 also limited the use of the NOX offsets to sources that were also subject to a NOX emission trading program in Section 22a- 174-22a or 22a-174-22b of Connecticut's regulations, or another NOX budget trading program established by another state in accordance with the Ozone Transport Commission Memorandum of Understanding dated September 27, 1994 or 40 CFR part 96. In late 2001, 424 tons of NOX offset credits from the original 816 tons were transferred to sources subject to nonattainment new source review in New York and are no longer available for use in Connecticut. Moreover, in late 2001, 192 tons of NOX offset credits were transferred to a private entity and held for future use. On December 6, 2002, PSEG purchased Bridgeport Harbor Electric Generating Station from Wisvest along with the remaining 200 tons of the 816 tons NOX offsets created by TAO No. 8187. To recognize this transaction, Connecticut issued a new TAO (No. 8242) on February 13, 2003 that acknowledged the change in ownership of the facility and the 200 tons of NOX offsets from Wisvest to PSEG. EPA approved TAO No. 8242 on September 9, 2013 (78 FR 54962). As with the original TAO that created the NOX offsets (i.e., TAO No. 8187), TAO No. 8242 also limited the use of NOX offsets for nonattainment new source review to sources that were also subject to a NOX emission trading program in Section 22a- 174-22a or 22a-174-22b of Connecticut's regulations, or another NOX budget trading program established by another state in accordance with the Ozone Transport Commission Memorandum of Understanding dated September 27, 1994 or 40 CFR part 96. Under Connecticut's Regulations for the Abatement of Air Pollution, Section 22a-174-22a was repealed effective September 4, 2007, and Section 22a-174-22b was repealed May 1, 2010. Moreover, with the transition from the Clean Air Interstate Rule (CAIR) to the Cross-State Air Pollution Rule (CSAPR), the State of Connecticut is no longer part of any trading program under 40 CFR part 96. As such, the original restrictions in TAOs No. 8187 and 8242 are now outdated and would no longer serve the purpose for which they were created. III. How does Connecticut account for bank emission reduction credits (ERC) in its Ozone SIP? On February 1, 2008, Connecticut submitted its 2002 to 2008 reasonable further progress (RFP) plans and 2002 base year inventory to EPA as part of its attainment demonstration SIP submittal for the 1997 8-hr ozone standard. On October 14, 2009, Connecticut submitted a revision to the RFP plans which it had originally submitted to EPA on February 1, 2008. The revision consisted of the incorporation of a small number of banked NOX ERCs into the state's RFP analysis. Those banked NOX ERCs were incorporated into Connecticut's 2002 and 2008 emission inventories, and included all of the remaining unused portion of the 816 tons of NOX offsets created under TAO No. 8187 (i.e., the 200 tons of NOX owned by PSEG under TAO No. 8242, and the 192 tons of NOX transferred to a private entity in late 2001). The inclusion of the banked ERCs into the RFP analysis did not alter Connecticut's conclusion that it easily meets RFP requirements, and EPA approved Connecticut's RFP plans on August 22, 2012 (77 FR 50595). Since ERCs represent emissions that may occur at some point in the future, banked emissions need to be accounted for in a state's RFP analysis, and Connecticut has properly done that. IV. What is EPA's analysis of Connecticut's SIP revision? Today, EPA is approving two modifications to existing TAOs that will allow the NOX offset credits, originally created in TAO No. 8187, to be used for nonattainment new source review without the additional outdated restrictions contained in the original TAOs No. 8187 and 8242. As described above, Connecticut has properly accounted for the unused portion of the NOX offset credits (i.e., 392 tons) from the original TAO No. 8187 in the state's RFP analysis, and thus these credit remain available for future use. This action does not alter any existing requirements in Connecticut's approved SIP that a facility must meet when using [[Page 45889]] NOX emission reductions to offset any new permitted emissions. This is important to note since subsection 22a-174- 3a(l)(4)(B)(ii) of Connecticut's regulations states that: ``(B) The commissioner shall not grant a permit to an owner or operator of the subject source or modification unless the owner or operator demonstrates that internal offset or certified emission reduction credits pursuant to subparagraph (A) of this subdivision: (i) . . . (ii) are not otherwise required by any of the following: the Act; a federally enforceable permit or order; the State Implementation Plan; or the regulations or statutes in effect when such application is filed,'' Pursuant to this provision in Section 22a-174-3a, the unused portion of the NOX emission reduction credits originally created under TAO No. 8187 will need to be adjusted pursuant to subsection 22a-174-22(e)(3) of Connecticut's regulations. This provision in Section 22a-174-22 was adopted by Connecticut after the original issuance of TAO No. 8187 and requires sources such as Unit No. 2 at Bridgeport Harbor Electric Generating Station to meet a NOX emission limit of 0.15 lbs/MMBtu during the nonozone season. Because the NOX emission limit for Unit No. 2 became more stringent after the time when the NOX offset credits were first created, the original number of tons of NOX offset credits must be adjusted downward to reflect the new, more stringent NOX emission limit, before a source subject to NNSR may use the credits. V. Final Action Pursuant to section 110 of the CAA, EPA is approving Trading and Agreement Orders No. 8187 Modification 1 issued to PSEG Power Connecticut, LLC (formerly Wisvest Connecticut LLC) and 8242 Modification 1 issued to PSEG Power Connecticut, LLC. 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 revision should relevant adverse comments be filed. This rule will be effective October 2, 2015 without further notice unless the Agency receives relevant adverse comments by September 2, 2015. If the EPA receives such comments, then EPA will publish a notice withdrawing the 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 October 2, 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. VI. 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 Agency 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). VII. 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). 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 [[Page 45890]] Congress and to the Comptroller General of the United States. Section 804, however, exempts from section 801 the following types of rules: Rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non- agency parties. 5 U.S.C. 804(3). Because this is a rule of particular applicability, EPA is not required to submit a rule report regarding this action under section 801. 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 October 2, 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 this 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Dated: April 29, 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 paragraph (c)(109) to read as follows: Sec. 52.370 Identification of plan. * * * * * (c) * * * (109) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on October 31, 2012. (i) Incorporation by reference. (A) Connecticut Trading Agreement and Order No. 8187, Modification 1 issued to PSEG Power Connecticut LLC on July 16, 2012. (B) Connecticut Trading Agreement and Order No. 8242, Modification 1 issued to PSEG Power Connecticut LLC on July 16, 2012. 0 3. In Sec. 52.385, Table 52.385 is amended by adding new entries to an existing state citation for 22a-174-22 to read as follows: Sec. 52.385 EPA-approved Connecticut regulations. * * * * * Table 52.385--EPA-Approved Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- Dates -------------------------------- Federal Register Connecticut State citation Title/Subject Date adopted Date approved citation Section 52.370 Comments/Description by State by EPA -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 22a-174-22....................... Control of Nitrogen 7/16/12 8/3/15 [Insert Federal (c)(109)........ Connecticut Trading Oxides emissions. Register page Agreement and Order No. number where the 8187, Modification 1. document begins]. 22a-174-22....................... Control of Nitrogen 7/16/12 8/3/15 [Insert Federal (c)(109)........ Connecticut Trading Oxides emissions. Register page Agreement and Order No. number where the 8242, Modification 1. document begins]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-18872 Filed 7-31-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations 45887
TABLE 1 TO § 165.151—Continued
• Location: Waters off of Cedar Beach Town Park, Babylon, NY in ap-
proximate position 40°37′53″ N., 073°20′12″ W. (NAD 83).
9.1 East Hampton Fire Department Fireworks ...................................... • Date: August 29, 2015.
• Rain Date: August 30, 2015.
• Time: 8:45 p.m. to 10:15 p.m.
• Location: Waters off Main Beach, East Hampton, NY in approximate
position 40°56′40.28″ N., 072°11′21.26″ W. (NAD 83).
Under the provisions of 33 CFR Bridgeport, Connecticut. This action is or otherwise protected. The
165.151, the fireworks displays listed being taken in accordance with the www.regulations.gov Web site is an
above are established as safety zones. Clean Air Act. ‘‘anonymous access’’ systems, which
During the enforcement periods, DATES: This direct final rule will be means EPA will not know your identity
persons and vessels are prohibited from effective October 2, 2015, unless EPA or contact information unless you
entering into, transiting through, receives adverse comments by provide it in the body of your comment.
mooring, or anchoring within the safety September 2, 2015. If adverse comments If you send an email comment directly
zones unless they receive permission are received, EPA will publish a timely to EPA without going through
from the COTP or designated withdrawal of the direct final rule in the www.regulations.gov your email address
representative. Federal Register informing the public will be automatically captured and
This notice is issued under authority that the rule will not take effect. included as part of the comment that is
of 33 CFR part 165 and 5 U.S.C. 552(a). ADDRESSES: Submit your comments, placed in the public docket and made
In addition to this notice in the Federal identified by Docket ID Number EPA– available on the Internet. If you submit
Register, the Coast Guard will provide R01–OAR–2014–0498 by one of the an electronic comment, EPA
the maritime community with advance following methods: recommends that you include your
notification of this enforcement period 1. www.regulations.gov: Follow the name and other contact information in
via the Local Notice to Mariners or on-line instructions for submitting the body of your comment and with any
marine information broadcasts. If the comments. disk or CD–ROM you submit. If EPA
COTP determines that the safety zones 2. Email: dahl.donald@epa.gov. cannot read your comment due to
need not be enforced for the full 3. Fax: (617) 918–0657. technical difficulties and cannot contact
duration stated in this notice, a 4. Mail: ‘‘Docket Identification you for clarification, EPA may not be
Broadcast Notice to Mariners may be Number EPA–R01–OAR–2014–0498’’, able to consider your comment.
used to grant general permission to Donald Dahl, U.S. Environmental Electronic files should avoid the use of
enter the regulated area. Protection Agency, EPA New England special characters, any form of
Dated: July 24, 2015. Regional Office, Office of Ecosystem encryption, and be free of any defects or
E.J. Cubanski, III, Protection, Air Permits, Toxics, and viruses.
Indoor Programs Unit, 5 Post Office Docket: All documents in the
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound. Square—Suite 100, (Mail code OEP05– electronic docket are listed in the
2), Boston, MA 02109–3912. www.regulations.gov index. Although
[FR Doc. 2015–18998 Filed 7–31–15; 8:45 am]
5. Hand Delivery or Courier. Deliver listed in the index, some information is
BILLING CODE 9110–04–P
your comments to: Donald Dahl, Air not publicly available, i.e., CBI or other
Permits, Toxics, and Indoor Programs information whose disclosure is
Unit, Office of Ecosystem Protection, restricted by statute. Certain other
ENVIRONMENTAL PROTECTION U.S. Environmental Protection Agency, material, such as copyrighted material,
AGENCY EPA New England Regional Office, 5 is not placed on the Internet and will be
Post Office Square, 5th floor, (OEP05–2), publicly available only in hard copy
40 CFR Part 52
Boston, MA 02109–3912. Such form. Publicly available docket
[EPA–R01–OAR–2014–0498, FRL–9927–49– deliveries are only accepted during the materials are available either
Region 1] Regional Office’s normal hours of electronically in www.regulations.gov or
operation. The Regional Office’s official in hard copy at Office of Ecosystem
Approval and Promulgation of Air hours of business are Monday through Protection, U.S. Environmental
Quality Implementation Plans; Friday, 8:30 to 4:30 excluding legal Protection Agency, EPA New England
Connecticut; Approval of NOX holidays. Regional Office, 5 Post Office Square,
Emission Offset Credits as Single Instructions: Direct your comments to Suite 100, Boston, MA. EPA requests
Source SIP Revisions Docket ID No. EPA–R01–OAR–2014– that if at all possible, you contact the
AGENCY: Environmental Protection 0498. EPA’s policy is that all comments contact listed in the FOR FURTHER
Agency (EPA). received will be included in the public INFORMATION CONTACT section to
ACTION: Direct final rule. docket without change and may be schedule your inspection. The Regional
made available online at Office’s official hours of business are
SUMMARY: The Environmental Protection www.regulations.gov, including any Monday through Friday, 8:30 to 4:30
Agency (EPA) is approving a State personal information provided, unless excluding legal holidays.
mstockstill on DSK4VPTVN1PROD with RULES
Implementation Plan (SIP) revision the comment includes information In addition to the publicly available
submitted by the State of Connecticut. claimed to be Confidential Business docket materials available for inspection
The revision approves amendments to Information (CBI) or other information electronically in the Federal Docket
two existing Trading and Agreement whose disclosure is restricted by statute. Management System at
Orders for new source review nitrogen Do not submit through www.regulations.gov, and the hard copy
oxides (NOX) emission offsets at PSEG www.regulations.gov, or email, available at the Regional Office, which
Power Connecticut’s facility in information that you consider to be CBI are identified in the ADDRESSES section
VerDate Sep<11>2014 16:06 Jul 31, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\03AUR1.SGM 03AUR1](https://thefederalregister.org/doc/80_FR_46035/page/1.svg)
![Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations 45889
NOX emission reductions to offset any received will then be addressed in a • does not contain any unfunded
new permitted emissions. This is subsequent final rule based on the mandate or significantly or uniquely
important to note since subsection 22a– proposed rule. The EPA will not affect small governments, as described
174–3a(l)(4)(B)(ii) of Connecticut’s institute a second comment period on in the Unfunded Mandates Reform Act
regulations states that: the proposed rule. All parties interested of 1995 (Pub. L. 104–4);
‘‘(B) The commissioner shall not grant a in commenting on the proposed rule • does not have Federalism
permit to an owner or operator of the subject should do so at this time. If no such implications as specified in Executive
source or modification unless the owner or comments are received, the public is Order 13132 (64 FR 43255, August 10,
operator demonstrates that internal offset or advised that this rule will be effective 1999);
certified emission reduction credits pursuant on October 2, 2015 and no further action • is not an economically significant
to subparagraph (A) of this subdivision: will be taken on the proposed rule. regulatory action based on health or
(i) . . . Please note that if EPA receives adverse safety risks subject to Executive Order
(ii) are not otherwise required by any of the comment on an amendment, paragraph, 13045 (62 FR 19885, April 23, 1997);
following: the Act; a federally enforceable
or section of this rule and if that • is not a significant regulatory action
permit or order; the State Implementation subject to Executive Order 13211 (66 FR
Plan; or the regulations or statutes in effect provision may be severed from the
remainder of the rule, EPA may adopt 28355, May 22, 2001);
when such application is filed,’’
as final those provisions of the rule that • is not subject to requirements of
Pursuant to this provision in Section are not the subject of an adverse Section 12(d) of the National
22a–174–3a, the unused portion of the comment. Technology Transfer and Advancement
NOX emission reduction credits Act of 1995 (15 U.S.C. 272 note) because
originally created under TAO No. 8187 VI. Incorporation by Reference application of those requirements would
will need to be adjusted pursuant to In this rule, the EPA is finalizing be inconsistent with the Clean Air Act;
subsection 22a–174–22(e)(3) of regulatory text that includes and
Connecticut’s regulations. This incorporation by reference. In • does not provide EPA with the
provision in Section 22a–174–22 was accordance with requirements of 1 CFR discretionary authority to address, as
adopted by Connecticut after the 51.5, the EPA is finalizing the appropriate, disproportionate human
original issuance of TAO No. 8187 and incorporation by reference of the [State health or environmental effects, using
requires sources such as Unit No. 2 at Agency Regulations] described in the practicable and legally permissible
Bridgeport Harbor Electric Generating amendments to 40 CFR part 52 set forth methods, under Executive Order 12898
Station to meet a NOX emission limit of below. The EPA has made, and will (59 FR 7629, February 16, 1994).
0.15 lbs/MMBtu during the nonozone continue to make, these documents In addition, the SIP is not approved
season. Because the NOX emission limit generally available electronically to apply on any Indian reservation land
for Unit No. 2 became more stringent through www.regulations.gov and/or in or in any other area where EPA or an
after the time when the NOX offset hard copy at the appropriate EPA office Indian tribe has demonstrated that a
credits were first created, the original (see the ADDRESSES section of this tribe has jurisdiction. In those areas of
number of tons of NOX offset credits preamble for more information). Indian country, the rule does not have
must be adjusted downward to reflect tribal implications and will not impose
the new, more stringent NOX emission VII. Statutory and Executive Order substantial direct costs on tribal
limit, before a source subject to NNSR Reviews governments or preempt tribal law as
may use the credits. Under the Clean Air Act, the specified by Executive Order 13175 (65
Administrator is required to approve a FR 67249, November 9, 2000).
V. Final Action The Congressional Review Act, 5
SIP submission that complies with the
Pursuant to section 110 of the CAA, provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small
EPA is approving Trading and Federal regulations. 42 U.S.C. 7410(k); Business Regulatory Enforcement
Agreement Orders No. 8187 40 CFR 52.02(a). Thus, in reviewing SIP Fairness Act of 1996, generally provides
Modification 1 issued to PSEG Power submissions, EPA’s role is to approve that before a rule may take effect, the
Connecticut, LLC (formerly Wisvest state choices, provided that they meet agency promulgating the rule must
Connecticut LLC) and 8242 the criteria of the Clean Air Act. submit a rule report, which includes a
Modification 1 issued to PSEG Power Accordingly, this action merely copy of the rule, to each House of the
Connecticut, LLC. The EPA is approves state law as meeting Federal Congress and to the Comptroller General
publishing this action without prior requirements and does not impose of the United States. EPA will submit a
proposal because the Agency views this additional requirements beyond those report containing this action and other
as a noncontroversial amendment and imposed by state law. For that reason, required information to the U.S. Senate,
anticipates no adverse comments. this action: the U.S. House of Representatives, and
However, in the proposed rules section • Is not a significant regulatory action the Comptroller General of the United
of this Federal Register publication, subject to review by the Office of States prior to publication of the rule in
EPA is publishing a separate document Management and Budget under the Federal Register. A major rule
that will serve as the proposal to Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it
approve the SIP revision should October 4, 1993) and 13563 (76 FR 3821, is published in the Federal Register.
relevant adverse comments be filed. January 21, 2011); This action is not a ‘‘major rule’’ as
This rule will be effective October 2, • does not impose an information defined by 5 U.S.C. 804(2).
2015 without further notice unless the collection burden under the provisions The Congressional Review Act, 5
mstockstill on DSK4VPTVN1PROD with RULES
Agency receives relevant adverse of the Paperwork Reduction Act (44 U.S.C. 801 et seq., as added by the Small
comments by September 2, 2015. U.S.C. 3501 et seq.); Business Regulatory Enforcement
If the EPA receives such comments, • is certified as not having a Fairness Act of 1996, generally provides
then EPA will publish a notice significant economic impact on a that before a rule may take effect, the
withdrawing the final rule and substantial number of small entities agency promulgating the rule must
informing the public that the rule will under the Regulatory Flexibility Act (5 submit a rule report, which includes a
not take effect. All public comments U.S.C. 601 et seq.); copy of the rule, to each House of the
VerDate Sep<11>2014 16:06 Jul 31, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\03AUR1.SGM 03AUR1](https://thefederalregister.org/doc/80_FR_46035/page/3.svg)
![45890 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations
Congress and to the Comptroller General published in the proposed rules section Subpart H—Connecticut
of the United States. Section 804, of this Federal Register, rather than file
however, exempts from section 801 the an immediate petition for judicial ■ 2. Section 52.370 is amended by
following types of rules: Rules of review of this direct final rule, so that adding paragraph (c)(109) to read as
particular applicability; rules relating to EPA can withdraw this direct final rule follows:
agency management or personnel; and and address the comment in the
§ 52.370 Identification of plan.
rules of agency organization, procedure, proposed rulemaking. This action may
or practice that do not substantially not be challenged later in proceedings to * * * * *
affect the rights or obligations of non- enforce its requirements. (See section (c) * * *
agency parties. 5 U.S.C. 804(3). Because 307(b)(2).) (109) Revisions to the State
this is a rule of particular applicability, Implementation Plan submitted by the
EPA is not required to submit a rule List of Subjects in 40 CFR Part 52 Connecticut Department of
report regarding this action under Environmental Protection on October
Environmental protection, Air
section 801. 31, 2012.
pollution control, Incorporation by
Under section 307(b)(1) of the Clean (i) Incorporation by reference.
reference, Intergovernmental relations,
Air Act, petitions for judicial review of Nitrogen dioxide, Ozone, Reporting and (A) Connecticut Trading Agreement
this action must be filed in the United and Order No. 8187, Modification 1
recordkeeping requirements.
States Court of Appeals for the issued to PSEG Power Connecticut LLC
appropriate circuit by October 2, 2015. Dated: April 29, 2015. on July 16, 2012.
Filing a petition for reconsideration by H. Curtis Spalding, (B) Connecticut Trading Agreement
the Administrator of this final rule does Regional Administrator, EPA New England. and Order No. 8242, Modification 1
not affect the finality of this action for issued to PSEG Power Connecticut LLC
the purposes of judicial review nor does Part 52 of chapter I, title 40 of the on July 16, 2012.
it extend the time within which a Code of Federal Regulations is amended
■ 3. In § 52.385, Table 52.385 is
petition for judicial review may be filed, as follows:
amended by adding new entries to an
and shall not postpone the effectiveness existing state citation for 22a–174–22 to
of such rule or action. Parties with PART 52—[AMENDED]
read as follows:
objections to this direct final rule are
encouraged to file a comment in ■ 1. The authority citation for part 52 § 52.385 EPA-approved Connecticut
response to the parallel notice of continues to read as follows: regulations.
proposed rulemaking for this action Authority: 42 U.S.C. 7401 et seq. * * * * *
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut State Federal Register Section
Title/Subject Comments/Description
citation Date adopted Date approved citation 52.370
by State by EPA
* * * * * * *
22a–174–22 ......... Control of Nitro- 7/16/12 8/3/15 [Insert Federal (c)(109) .. Connecticut Trading Agreement and
gen Oxides Register page Order No. 8187, Modification 1.
emissions. number where
the document
begins].
22a–174–22 ......... Control of Nitro- 7/16/12 8/3/15 [Insert Federal (c)(109) .. Connecticut Trading Agreement and
gen Oxides Register page Order No. 8242, Modification 1.
emissions. number where
the document
begins].
* * * * * * *
[FR Doc. 2015–18872 Filed 7–31–15; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Direct final rule.
BILLING CODE 6560–50–P AGENCY
SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is taking direct final
action to approve a revision to the
Maryland State Implementation Plan
[EPA–R03–OAR–2014–0854; FRL–9931–54–
Region 3] (SIP). The revision pertains to
amendments to Code of Maryland
Approval and Promulgation of Air Regulation (COMAR) 26.11.13, Control
mstockstill on DSK4VPTVN1PROD with RULES
Quality Implementation Plans; of Gasoline and Volatile Organic
Maryland; Amendments to the Control Compound Storage and Handling. The
of Gasoline and Volatile Organic amendments consist of establishing an
Compound Storage and Handling alternative and equivalent method of
transfer of high pressure materials as
AGENCY: Environmental Protection well as changing incorrect references in
Agency (EPA). regulations .04 and .05. EPA is
VerDate Sep<11>2014 16:06 Jul 31, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\03AUR1.SGM 03AUR1](https://thefederalregister.org/doc/80_FR_46035/page/4.svg)
Document Created: 2018-02-23 10:51:59
Document Modified: 2018-02-23 10:51:59
| 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 October 2, 2015, unless EPA receives adverse comments by September 2, 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, Air Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100, (OEP05-2), Boston, MA 02109-3912, phone number (617) 918-1657, fax number (617) 918-0657, email [email protected] | |
| FR Citation | 80 FR 45887 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR