81 FR 62378 - Air Plan Approval; Connecticut; NOX
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 175 (September 9, 2016)
Federal Register Volume 81, Issue 175 (September 9, 2016)
| Page Range | 62378-62381 | |
| FR Document | 2016-21453 |
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)] [Rules and Regulations] [Pages 62378-62381] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21453] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2015-0238; FRL-9951-94-Region 1] Air Plan Approval; Connecticut; NOX Emission Trading Orders as Single Source SIP Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision continues to allow facilities to create and/ or use emission credits using NOX Emission Trading and Agreement Orders (TAOs) to comply with the NOX emission limits required by Regulations of Connecticut State Agencies (RCSA) section 22a-174-22 (Control of Nitrogen Oxides). The intended effect of this action is to approve the individual trading orders to allow facilities to determine the most cost-effective way to comply with the state regulation. This action is being taken in accordance with the Clean Air Act (CAA). DATES: This final rule is effective on October 11, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R01-OAR-2015-0238. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., 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 electronically through http://www.regulations.gov. 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 Dahl.Donald@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Summary of SIP Revision II. Final Action III. Statutory and Executive Order Reviews I. Summary of SIP Revision On November 15, 2011, the Connecticut Department of Energy and Environmental Protection (CT DEEP) submitted a formal revision to its State Implementation Plan (SIP). This SIP revision consists of eighty- nine source-specific Trading Agreement and Orders (TAOs) that allow twenty-four individual stationary sources of nitrogen oxide (NOX ) emissions to create and/or trade NOX emission credits in order to ensure more effective compliance with EPA SIP-approved state regulations for reducing NOX emissions. We previously approved source-specific TAOs of the same kind issued by CT DEEP under this program for these same sources on September 28, 1999 (64 FR 52233), March 23, 2001 (66 FR 16135), and September 9, 2013 (78 FR 54962). The November 15, 2011 SIP submittal also includes Consent Order 8029A issued to Hamilton Sundstrand which addresses Volatile Organic Compound (VOC) emissions. On June 15, 2016 (81 FR 38999) EPA published a notice of proposed rulemaking (NPR) for the State of Connecticut's 2011 SIP revision submittal, proposing approval of the TAOs, except for Consent Order 8029A. The NPR also proposed approval of the revised TAO 8110A issued to Yale University. This TAO was originally submitted as part of a July 1, 2004 SIP revision from Connecticut, and was modified by CT DEEP on May 29, 2015. The rationale supporting EPA's proposed rulemaking action is explained in the published NPR. The NPR is available in the docket for this [[Page 62379]] rulemaking at www.regulations.gov, Docket ID Number EPA-R01-OAR-2015- 0238. EPA did not receive any public comments on the NPR. II. Final Action The EPA is approving into the Connecticut SIP the 89 TAOs contained in the State of Connecticut's 2011 SIP revision request as well as the revised TAO 8110A for Yale University. III. 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. 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 November 8, 2016. 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, Reporting and recordkeeping requirements. Dated: August 17, 2016. 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--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 52.377 is amended by adding paragraph (m)(2) to read as follows: Sec. 52.377 Control Strategy: Ozone. * * * * * (m) * * * (2) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on November 15, 2011 and July 1, 2004. The revisions consist of 90 single source emission trading orders necessary for satisfying Reasonable Available Control Technology requirements for nitrogen oxides during specific time periods. (i) Trading Agreement and Order No. 8093C, Modification No. 2 issued to Pfizer in Groton. (ii) Trading Agreement and Order No. 8093C, Modification No. 3 issued to Pfizer in Groton. (iii) Trading Agreement and Order No. 8136A, Modification No. 1 issued to Pfizer in Groton. (iv) Trading Agreement and Order No. 8136A, Modification No. 2 issued to Pfizer in Groton. (v) Trading Agreement and Order No. 8296 issued to Pfizer in Groton. (vi) Trading Agreement and Order No. 8109, Modification No. 1 issued to Hamilton Sundstrand Corporation in Windsor Locks. (vii) Trading Agreement and Order No. 8109, Modification No. 2 issued to Hamilton Sundstrand Corporation in Windsor Locks. (viii) Trading Agreement and Order No. 8109, Modification No. 3 issued to Hamilton Sundstrand Corporation in Windsor Locks. (ix) Trading Agreement and Order No. 8291 issued to Hamilton Sundstrand Corporation in Windsor Locks. (x) Trading Agreement and Order No. 8291, Modification No. 1 issued to Hamilton Sundstrand Corporation in Windsor Locks. (xi) Trading Agreement and Order No. 8114A, Modification No. 1 issued to Cytec Industries, Inc. in Wallingford. (xii) Trading Agreement and Order No. 8114A, Modification No. 2 issued to Cytec Industries, Inc. in Wallingford. (xiii) Trading Agreement and Order No. 8115B, Modification No. 1 issued to University of Connecticut in Storrs. [[Page 62380]] (xiv) Trading Agreement and Order No. 8115B, Modification No. 2 issued to University of Connecticut in Storrs. (xv) Trading Agreement and Order No. 8115B, Modification No. 3 issued to University of Connecticut in Storrs. (xvi) Trading Agreement and Order No. 8116B, Modification No. 1 issued to Connecticut Resources Recovery Authority in Hartford. (xvii) Trading Agreement and Order No. 8116B, Modification No. 2 issued to Connecticut Resources Recovery Authority in Hartford. (xviii) Trading Agreement and Order No. 8302 issued to Connecticut Resources Recovery Authority in Hartford. (xix) Trading Agreement and Order No. 8119A, Modification No. 2 issued to City of Norwich, Department of Public Utilities in Norwich. (xx) Trading Agreement and Order No. 8119A, Modification No. 3 issued to City of Norwich, Department of Public Utilities in Norwich. (xxi) Trading Agreement and Order No. 8304 issued to City of Norwich, Department of Public Utilities in Norwich. (xxii) Trading Agreement and Order No. 8120A, Modification No. 1 issued to Sikorsky Aircraft Corporation in Stratford. (xxiii) Trading Agreement and Order No. 8120A, Modification No. 2 issued to Sikorsky Aircraft Corporation in Stratford. (xxiv) Trading Agreement and Order No. 8293 issued to Sikorsky Aircraft Corporation in Stratford. (xxv) Trading Agreement and Order No. 8293, Modification No. 1 issued to Sikorsky Aircraft Corporation in Stratford. (xxvi) Trading Agreement and Order No. 8123A, Modification No. 1 issued to Algonquin Gas Transmission Company in Cromwell. (xxvii) Trading Agreement and Order No. 8123A, Modification No. 2 issued to Algonquin Gas Transmission Company in Cromwell. (xxviii) Trading Agreement and Order No. 8134A, Modification No. 1 issued to United Technologies Corporation in East Hartford. (xxix) Trading Agreement and Order No. 8134A, Modification No. 2 issued to United Technologies Corporation in East Hartford. (xxx) Trading Agreement and Order No. 8289 issued to United Technologies Corporation in East Hartford. (xxxi) Trading Agreement and Order No. 8154A, Modification No. 1 issued to Combustion Engineering, Inc. in Windsor. (xxxii) Trading Agreement and Order No. 8154A, Modification No. 2 issued to Combustion Engineering, Inc. in Windsor. (xxxiii) Trading Agreement and Order No. 8180A, Modification No. 2 issued to Connecticut Jet Power LLC in Branford, Greenwich, and Torrington. (xxxiv) Trading Agreement and Order No. 8180A, Modification No. 3 issued to Connecticut Jet Power LLC in Branford, Greenwich, and Torrington. (xxxv) Trading Agreement and Order No. 8181A, Modification No. 2 issued to Devon Power LLC in Milford. (xxxvi) Trading Agreement and Order No. 8181A, Modification No. 3 issued to Devon Power LLC in Milford. (xxxvii) Trading Agreement and Order No. 8219A, Modification No. 2 issued to Devon Power LLC in Milford. (xxxviii) Trading Agreement and Order No. 8251A, Modification No. 2 issued to Devon Power LLC in Milford. (xxxix) Trading Agreement and Order No. 8251A, Modification No. 3 issued to Devon Power LLC in Milford. (xl) Trading Agreement and Order No. 8182A, Modification No. 2 issued to Middleton Power LLC in Middleton. (xli) Trading Agreement and Order No. 8182A, Modification No. 3 issued to Middleton Power LLC in Middleton. (xlii) Trading Agreement and Order No. 8213A, Modification No. 2 issued to Middleton Power LLC in Middleton. (xliii) Trading Agreement and Order No. 8213A, Modification No. 3 issued to Middleton Power LLC in Middleton. (xliv) Trading Agreement and Order No. 8214A, Modification No. 2 issued to Middleton Power LLC in Middleton. (xlv) Trading Agreement and Order No. 8214A, Modification No. 3 issued to Middleton Power LLC in Middleton. (xlvi) Trading Agreement and Order No. 8215A, Modification No. 2 issued to Middleton Power LLC in Middleton. (xlvii) Trading Agreement and Order No. 8215A, Modification No. 3 issued to Middleton Power LLC in Middleton. (xlviii) Trading Agreement and Order No. 8183A, Modification No. 2 issued to Montville Power LLC in Montville. (xlix) Trading Agreement and Order No. 8183A, Modification No. 3 issued to Montville Power LLC in Montville. (l) Trading Agreement and Order No. 8216A, Modification No. 2 issued to Montville Power LLC in Montville. (li) Trading Agreement and Order No. 8216A, Modification No. 3 issued to Montville Power LLC in Montville. (lii) Trading Agreement and Order No. 8217A, Modification No. 2 issued to Montville Power LLC in Montville. (liii) Trading Agreement and Order No. 8217A, Modification No. 3 issued to Montville Power LLC in Montville. (liv) Trading Agreement and Order No. 8184A, Modification No. 2 issued to Norwalk Power LLC in Norwalk. (lv) Trading Agreement and Order No. 8184A, Modification No. 3 issued to Norwalk Power LLC in Norwalk. (lvi) Trading Agreement and Order No. 8218A, Modification No. 2 issued to Norwalk Power LLC in Norwalk. (lvii) Trading Agreement and Order No. 8218A, Modification No. 3 issued to Norwalk Power LLC in Norwalk. (lviii) Trading Agreement and Order No. 8221A, Modification No. 1 issued to Dominion Nuclear Connecticut, Inc. in Waterford. (lix) Trading Agreement and Order No. 8221A, Modification No. 2 issued to Dominion Nuclear Connecticut, Inc. in Waterford. (lx) Trading Agreement and Order No. 8222A, Modification No. 1 issued to Dominion Nuclear Connecticut, Inc. in Waterford. (lxi) Trading Agreement and Order No. 8222A, Modification No. 2 issued to Dominion Nuclear Connecticut, Inc. in Waterford. (lxii) Trading Agreement and Order No. 8288 issued to Dominion Nuclear Connecticut, Inc. in Waterford. (lxiii) Trading Agreement and Order No. 8288, Modification No. 1 issued to Dominion Nuclear Connecticut, Inc. in Waterford. (lxiv) Trading Agreement and Order No. 8240, Modification No. 2 issued to PSEG Power Connecticut LLC in New Haven. (lxv) Trading Agreement and Order No. 8240, Modification No. 3 issued to PSEG Power Connecticut LLC in New Haven. (lxvi) Trading Agreement and Order No. 8243, Modification No. 1 issued to PSEG Power Connecticut LLC in New Haven. (lxvii) Trading Agreement and Order No. 8243, Modification No. 2 issued to PSEG Power Connecticut LLC in New Haven. (lxviii) Trading Agreement and Order No. 8241, Modification No. 2 issued to PSEG Power Connecticut LLC in Bridgeport. (lxix) Trading Agreement and Order No. 8241, Modification No. 3 issued to PSEG Power Connecticut LLC in Bridgeport. (lxx) Trading Agreement and Order No. 8244, Modification No. 2 issued to PSEG Power Connecticut LLC in Bridgeport. (lxxi) Trading Agreement and Order No. 8244, Modification No. 3 issued to PSEG Power Connecticut LLC in Bridgeport. (lxxii) Trading Agreement and Order No. 8253, Modification No. 2 issued to PSEG Power Connecticut LLC in Bridgeport. (lxxiii) Trading Agreement and Order No. 8253, Modification No. 3 issued to [[Page 62381]] PSEG Power Connecticut LLC in Bridgeport. (lxxiv) Trading Agreement and Order No. 8301 issued to PSEG Power LLC, PSEG Fossil LLC, and PSEG Power Connecticut LLC in Bridgeport. (lxxv) Trading Agreement and Order No. 8305 issued to PSEG Power LLC, PSEG Fossil LLC, and PSEG Power Connecticut LLC in New Haven and Bridgeport. (lxxvi) Trading Agreement and Order No. 8249, Modification No. 2 issued to Capitol District Energy Center Cogeneration Associates in Hartford. (lxxvii) Trading Agreement and Order No. 8249, Modification No. 3 issued to Capitol District Energy Center Cogeneration Associates in Hartford. (lxxviii) Trading Agreement and Order No. 8298 issued to Capitol District Energy Center Cogeneration Associates in Hartford. (lxxix) Trading Agreement and Order No. 8261, Modification No. 1 issued to Algonquin Power Windsor Locks LLC in Windsor Locks. (lxxx) Trading Agreement and Order No. 8261, Modification No. 2 issued to Algonquin Power Windsor Locks LLC in Windsor Locks. (lxxxi) Trading Agreement and Order No. 8299 issued to Algonquin Power Windsor Locks LLC in Windsor Locks. (lxxxii) Trading Agreement and Order No. 8269 issued to Cascades Boxboard Group Connecticut LLC in Versailles. (lxxxiii) Trading Agreement and Order No. 8269, Modification No. 1 issued to Cascades Boxboard Group Connecticut LLC in Versailles. (lxxxiv) Trading Agreement and Order No. 8297 issued to Cascades Boxboard Group Connecticut LLC in Versailles. (lxxxv) Trading Agreement and Order No. 8272 issued to NE Hydro Generating Company in Preston. (lxxxvi) Trading Agreement and Order No. 8279 issued to First Light Hydro Generating Company in Preston. (lxxxvii) Trading Agreement and Order No. 8303 issued to First Light Hydro Generating Company in Preston. (lxxxviii) Trading Agreement and Order No. 8300 issued to NRG Energy, Inc., Middletown Power LLC, NRG Middletown Operations Inc., Montville Power LLC, NRG Montville Operations Inc., Norwalk Power LLC, NRG Norwalk Harbor Operations Inc., and Connecticut Jet Power LLC in Branford, Greenwich, Torrington, Middletown, Norwalk, Milford, and Montville. (lxxxix) Trading Agreement and Order No. 8306 issued to NRG Energy, Inc., Middletown Power LLC, NRG Middletown Operations Inc., Montville Power LLC, NRG Montville Operations Inc., Norwalk Power LLC, and NRG Norwalk Harbor Operations Inc. in Middletown, Montville, and Norwalk. (xc) Trading Agreement and Order No. 8110A issued to Yale University in New Haven. * * * * * [FR Doc. 2016-21453 Filed 9-8-16; 8:45 am] BILLING CODE 6560-50-P
![62378 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Nitrogen dioxide, Ozone, Reporting and PART 52—APPROVAL AND Provisions and Quasi-Regulatory
recordkeeping requirements. PROMULGATION OF Measures in the Texas SIP’’ is amended
Dated: August 31, 2016. IMPLEMENTATION PLANS by adding entries at the end for
‘‘Infrastructure and Transport SIP
Ron Curry, ■ 1. The authority citation for part 52 Revisions for the 2010 Nitrogen Dioxide
Regional Administrator, Region 6. continues to read as follows: Standard’’ and ‘‘Infrastructure and
40 CFR part 52 is amended as follows: Authority: 42 U.S.C. 7401 et seq. Transport SIP Revisions for the 2008
Ozone Standard’’ to read as follows.
Subpart SS—Texas
§ 52.2270 Identification of plan.
■ 2. In § 52.2270(e), the table titled * * * * *
‘‘EPA Approved Nonregulatory (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
Applicable geographic
Name of SIP provision submittal/ EPA approval date Comments
or nonattainment area effective date
* * * * * * *
Infrastructure and Trans- Statewide ..................... 12/7/2012 9/9/2016, [Insert Fed- Approval for 110(a)(2)(A), (B), (C), (D)(i) (por-
port SIP Revisions for eral Register cita- tions pertaining to nonattainment and inter-
the 2010 Nitrogen Di- tion]. ference with maintenance), D(ii), (E), (F), (G),
oxide Standard. (H), (K), (L) and (M).
Infrastructure and Trans- Statewide ..................... 12/13/2012 9/9/2016, [Insert Fed- Approval for 110(a)(2)(A), (B), (C), (D)(i) (por-
port SIP Revisions for eral Register cita- tion pertaining to PSD), D(ii), (E), (F), (G),
the 2008 Ozone tion]. (H), (K), (L) and (M).
Standard.
[FR Doc. 2016–21593 Filed 9–8–16; 8:45 am] ADDRESSES: The EPA has established a Environmental Protection (CT DEEP)
BILLING CODE 6560–50–P docket for this action under Docket ID submitted a formal revision to its State
No. EPA–R01–OAR–2015–0238. All Implementation Plan (SIP). This SIP
documents in the docket are listed on revision consists of eighty-nine source-
ENVIRONMENTAL PROTECTION the http://www.regulations.gov Web specific Trading Agreement and Orders
AGENCY site. Although listed in the index, some (TAOs) that allow twenty-four
information is not publicly available, individual stationary sources of nitrogen
40 CFR Part 52 e.g., CBI or other information whose oxide (NOX) emissions to create and/or
[EPA–R01–OAR–2015–0238; FRL–9951–94– disclosure is restricted by statute. trade NOX emission credits in order to
Region 1] Certain other material, such as ensure more effective compliance with
copyrighted material, is not placed on EPA SIP-approved state regulations for
Air Plan Approval; Connecticut; NOX the Internet and will be publicly reducing NOX emissions. We previously
Emission Trading Orders as Single available only in hard copy form. approved source-specific TAOs of the
Source SIP Revisions Publicly available docket materials are same kind issued by CT DEEP under
AGENCY: Environmental Protection available electronically through http:// this program for these same sources on
Agency (EPA). www.regulations.gov. September 28, 1999 (64 FR 52233),
ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: March 23, 2001 (66 FR 16135), and
Donald Dahl, Air Permits, Toxics, and September 9, 2013 (78 FR 54962). The
SUMMARY: The Environmental Protection Indoor Programs Unit, Office of November 15, 2011 SIP submittal also
Agency (EPA) is approving a State Ecosystem Protection, U.S. includes Consent Order 8029A issued to
Implementation Plan (SIP) revision Environmental Protection Agency, EPA Hamilton Sundstrand which addresses
submitted by the State of Connecticut. New England Regional Office, 5 Post Volatile Organic Compound (VOC)
This revision continues to allow Office Square, Suite 100, (OEP05–2), emissions.
facilities to create and/or use emission Boston, MA 02109–3912, phone number On June 15, 2016 (81 FR 38999) EPA
credits using NOX Emission Trading and (617) 918–1657, fax number (617) 918– published a notice of proposed
Agreement Orders (TAOs) to comply 0657, email Dahl.Donald@epa.gov. rulemaking (NPR) for the State of
with the NOX emission limits required Connecticut’s 2011 SIP revision
SUPPLEMENTARY INFORMATION:
by Regulations of Connecticut State submittal, proposing approval of the
Throughout this document whenever
Agencies (RCSA) section 22a-174–22 TAOs, except for Consent Order 8029A.
(Control of Nitrogen Oxides). The ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
The NPR also proposed approval of the
intended effect of this action is to EPA.
revised TAO 8110A issued to Yale
approve the individual trading orders to Table of Contents University. This TAO was originally
allow facilities to determine the most submitted as part of a July 1, 2004 SIP
ehiers on DSK5VPTVN1PROD with RULES
I. Summary of SIP Revision
cost-effective way to comply with the II. Final Action revision from Connecticut, and was
state regulation. This action is being III. Statutory and Executive Order Reviews modified by CT DEEP on May 29, 2015.
taken in accordance with the Clean Air The rationale supporting EPA’s
Act (CAA). I. Summary of SIP Revision proposed rulemaking action is
DATES: This final rule is effective on On November 15, 2011, the explained in the published NPR. The
October 11, 2016. Connecticut Department of Energy and NPR is available in the docket for this
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PSEG Power Connecticut LLC in Norwalk Harbor Operations Inc. in FOR FURTHER INFORMATION CONTACT: Ms.
Bridgeport. Middletown, Montville, and Norwalk. Adina Wiley, (214) 665–2115,
(lxxiv) Trading Agreement and Order (xc) Trading Agreement and Order wiley.adina@epa.gov.
No. 8301 issued to PSEG Power LLC, No. 8110A issued to Yale University in SUPPLEMENTARY INFORMATION:
PSEG Fossil LLC, and PSEG Power New Haven. Throughout this document ‘‘we,’’ ‘‘us,’’
Connecticut LLC in Bridgeport. * * * * * and ‘‘our’’ means the EPA.
(lxxv) Trading Agreement and Order [FR Doc. 2016–21453 Filed 9–8–16; 8:45 am]
No. 8305 issued to PSEG Power LLC, I. Background
BILLING CODE 6560–50–P
PSEG Fossil LLC, and PSEG Power The background for this action is
Connecticut LLC in New Haven and discussed in detail in our May 2, 2016
Bridgeport. ENVIRONMENTAL PROTECTION proposal. See 81 FR 26180. In that
(lxxvi) Trading Agreement and Order AGENCY document we proposed to approve the
No. 8249, Modification No. 2 issued to Texas Qualified Facilities Program as a
Capitol District Energy Center 40 CFR Part 52 component of the Texas Minor NSR
Cogeneration Associates in Hartford. program as submitted on October 5,
(lxxvii) Trading Agreement and Order [EPA–R06–OAR–2010–0861; FRL–9950–32– 2010. We also proposed to approve
No. 8249, Modification No. 3 issued to Region 6] several updates to the General
Capitol District Energy Center Definitions for Permitting submitted
Approval and Promulgation of
Cogeneration Associates in Hartford. from July 22, 1998 through October 5,
Implementation Plans; Texas;
(lxxviii) Trading Agreement and 2010, with one exception. We proposed
Revisions to the General Definitions
Order No. 8298 issued to Capitol to disapprove the severable portion of
for Texas New Source Review and the
District Energy Center Cogeneration the definition of ‘‘modification of
Minor NSR Qualified Facilities Program
Associates in Hartford. existing facility’’ pertaining to
(lxxix) Trading Agreement and Order AGENCY: Environmental Protection modifications made at natural gas
No. 8261, Modification No. 1 issued to Agency (EPA). processing facilities without a case-by-
Algonquin Power Windsor Locks LLC in ACTION: Final rule. case permit as submitted on October 5,
Windsor Locks. 2010. We received comments from three
(lxxx) Trading Agreement and Order SUMMARY: The Environmental Protection parties; our response to the comments
No. 8261, Modification No. 2 issued to Agency (EPA) is approving and received on our proposed action are
Algonquin Power Windsor Locks LLC in disapproving portions of revisions to the summarized below.
Windsor Locks. Texas State Implementation Plan (SIP) II. Response to Comments
(lxxxi) Trading Agreement and Order pertaining to the Texas New Source
No. 8299 issued to Algonquin Power Review (NSR) program submitted on Comment: We received two
Windsor Locks LLC in Windsor Locks. March 13, 1996; July 22, 1998; supportive comment letters from the
(lxxxii) Trading Agreement and Order September 11, 2000; September 4, 2002; Texas Commission on Environmental
No. 8269 issued to Cascades Boxboard and October 5, 2010. Specifically, the Quality (TCEQ) and the Texas Chemical
Group Connecticut LLC in Versailles. EPA is approving the severable portions Council, wherein the commenters
(lxxxiii) Trading Agreement and of the amendments to the General reiterated the objectives of the proposed
Order No. 8269, Modification No. 1 Definitions for the Texas NSR program, rulemaking and expressed support for
issued to Cascades Boxboard Group and the Minor NSR Qualified Facilities the EPA finalizing as proposed.
Connecticut LLC in Versailles. Response: The EPA appreciates the
Program. The EPA is disapproving a
(lxxxiv) Trading Agreement and Order support of the commenters. No changes
severable portion of the General
No. 8297 issued to Cascades Boxboard were made to the proposed rule as a
Definition of ‘‘modification of existing
Group Connecticut LLC in Versailles. result of these comments.
facility’’ submitted on October 5, 2010. Comment: The Lone Star Chapter of
(lxxxv) Trading Agreement and Order We are taking these actions under
No. 8272 issued to NE Hydro Generating the Sierra Club submitted several
section 110, parts C and D of the Clean comments regarding anti-backsliding
Company in Preston. Air Act (CAA).
(lxxxvi) Trading Agreement and Order requirements of the CAA. First, the
No. 8279 issued to First Light Hydro DATES: This rule is effective on October commenter generally opposed any
Generating Company in Preston. 11, 2016. weakening in the Texas SIP if it fails to
(lxxxvii) Trading Agreement and ADDRESSES: The EPA has established a meet the anti-backsliding requirements
Order No. 8303 issued to First Light docket for this action under Docket ID of the CAA section 110(l) and stated that
Hydro Generating Company in Preston. No. EPA–R06–OAR–2010–0861. All backsliding must not be allowed by the
(lxxxviii) Trading Agreement and documents in the docket are listed on EPA in the Texas SIP. Second, the
Order No. 8300 issued to NRG Energy, the http://www.regulations.gov Web commenter provided a link to the TCEQ
Inc., Middletown Power LLC, NRG site. Although listed in the index, some Agenda Item Request for the SIP
Middletown Operations Inc., Montville information is not publicly available, Revision Adoption of the Houston-
Power LLC, NRG Montville Operations e.g., Confidential Business Information Galveston-Brazoria (HGB) Area
Inc., Norwalk Power LLC, NRG Norwalk or other information whose disclosure is Redesignation Substitute for the 1997
Harbor Operations Inc., and Connecticut restricted by statute. Certain other Eight-Hour Ozone National Ambient Air
Jet Power LLC in Branford, Greenwich, material, such as copyrighted material, Quality Standard (NAAQS). The
Torrington, Middletown, Norwalk, is not placed on the Internet and will be commenter stated that ‘‘If Sierra Club
Milford, and Montville. publicly available only in hard copy understands this Texas SIP change
ehiers on DSK5VPTVN1PROD with RULES
(lxxxix) Trading Agreement and Order form. Publicly available docket correctly, part of the proposal would
No. 8306 issued to NRG Energy, Inc., materials are available either significantly change the threshold for
Middletown Power LLC, NRG electronically through http:// emissions that would trigger such
Middletown Operations Inc., Montville www.regulations.gov or in hard copy at controls/trading. The netting trigger
Power LLC, NRG Montville Operations the EPA Region 6, 1445 Ross Avenue, would increase substantially (from 5 to
Inc., Norwalk Power LLC, and NRG Suite 700, Dallas, Texas 75202–2733. 40), a major source would change from
VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\09SER1.SGM 09SER1](https://thefederalregister.org/doc/81_FR_62553/page/4.svg)
Document Created: 2018-02-09 13:15:09
Document Modified: 2018-02-09 13:15:09
| 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 | Final rule. | |
| Dates | This final rule is effective on October 11, 2016. | |
| 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 | 81 FR 62378 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide and Reporting and Recordkeeping Requirements |
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