82 FR 35454 - Air Plan Approval; CT; Reasonably Available Control Technology for the 2008 Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 145 (July 31, 2017)

Page Range		35454-35457
FR Document		2017-15716
The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Connecticut. These SIP revisions consist of a demonstration that Connecticut meets the requirements to implement reasonably available control technology (RACT) for the two precursors of ground-level ozone, oxides of nitrogen (NO<INF>X</INF>) and volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA) with respect to the 2008 ozone standard. Additionally, we are approving three related regulations that limit air emissions of NO<INF>X</INF> from sources within the State. This action is being taken in accordance with the Clean Air Act.
Federal Register, Volume 82 Issue 145 (Monday, July 31, 2017)
[Federal Register Volume 82, Number 145 (Monday, July 31, 2017)]
[Rules and Regulations]
[Pages 35454-35457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15716]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0611; A-1-FRL-9963-89-Region 1]


Air Plan Approval; CT; Reasonably Available Control Technology 
for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of 
Connecticut. These SIP revisions consist of a demonstration that 
Connecticut meets the requirements to implement reasonably available 
control technology (RACT) for the two precursors of ground-level ozone, 
oxides of nitrogen (NOX) and volatile organic compounds 
(VOCs), set forth by the Clean Air Act (CAA) with respect to the 2008 
ozone standard. Additionally, we are approving three related 
regulations that limit air emissions of NOX from sources 
within the State. This action is being taken in accordance with the 
Clean Air Act.

DATES: This rule is effective on August 30, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2014-0611. 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, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 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.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email [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.

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 6, 2017 (82 FR 16772), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Connecticut. The NPR proposed 
approval of a demonstration that Connecticut meets the RACT 
requirements for NOX and VOCs, set forth by the Clean Air 
Act with respect to the 2008 ozone standard. Additionally, Connecticut 
also submitted to EPA and we proposed approval of portions of a revised 
regulation limiting NOX emissions from municipal waste 
combustors (MWCs), a regulation limiting NOX emissions from 
major sources of air emissions, and a regulation limiting emissions 
from non-major sources of NOX emissions. The State submitted 
its RACT demonstration on July 18, 2014, the revised MWC regulation on 
September 16, 2016, and the regulations limiting NOX 
emissions from major and non-major sources on January 24, 2017. By 
letter dated March 31, 2017, Connecticut withdrew a number of 
provisions from these submittals that do not pertain to NOX 
or VOC control requirements, and therefore are not germane to this 
action.
    The specific details of Connecticut's RACT certification for the 
2008 ozone NAAQS and its three NOX regulations, as well as 
the rationale for our proposed approval are explained in the NPR and 
will not be restated here. We received a total of six public comments 
in response to the NPR. One public comment was in favor of our proposal 
and the others either were irrelevant to our proposed action and/or 
lacked sufficient specificity with respect to the SIP action being 
proposed, failing to articulate what the commenter believed EPA should 
do to change or revise its proposed approval. All of the comments 
received are included in the docket for today's action.

II. Final Action

    EPA is approving Connecticut's demonstration that it meets the CAA 
RACT requirements for NOX and VOCs for purposes of the 2008 
ozone standard, and is also approving portions of a revised regulation 
limiting NOX emissions from MWCs, and regulations limiting 
NOX emissions from major and minor sources of air emissions, 
as revisions to the Connecticut SIP. Additionally, we are approving a 
number of minor edits made to existing parts of Connecticut's air 
pollution control regulations that were updated to make citations 
correctly reference the State's newly adopted regulations. Last, we are 
approving a number of negative

[[Page 35455]]

declarations for Control Technique Guidelines categories for which 
Connecticut asserts no facilities exist within its borders.

III. 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 
sections of the State of Connecticut Regulation of Department of Energy 
and Environmental Protection noted in this final rulemaking. The EPA 
has made, and will continue to make, these documents generally 
available through http://www.regulations.gov.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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 29, 2017. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: June 5, 2017.
Deborah A. Szaro,
Acting 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 52.370 is amended by
0
a. adding paragraph (c)(90)(i)(B);
0
b. adding paragraph (c)(97)(i)(B); and
0
c. adding paragraph (c)(116) to read as follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (90) * * *
    (i) * * *
    (B) Section 22a-174-38, subsections (a), (c), (d), (i), (j), (k), 
and (l) were revised as published in the Connecticut Law Journal, 
volume 78, no. 17, on October 25, 2016. Subsection (d) is removed from 
the SIP without replacement. See paragraph (116)(i)(A).
* * * * *
    (97) * * *
    (i) * * *
    (B) Section 22a-174-22c, subsection (g)(3) is removed from the SIP 
without replacement effective December 22, 2016. See paragraph 
(116)(i)(B).
* * * * *
    (116) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
September 16, 2016, and January 24, 2017.
    (i) Incorporation by reference. (A) Regulations of Connecticut 
State Agencies, Administrative Regulation of the Department of Energy 
and Environmental Protection, Municipal Waste Combustors, revisions to 
section 22a-174-38 as published in the Connecticut Law Journal, volume 
78, no. 17, on October 25, 2016.
    (1) Subsection (c), subdivision (8);
    (2) Subsection (c), subdivisions (16), and (17);
    (3) Subsection (d);
    (4) Subsection (i), subdivisions (4)(E) and (J);
    (5) Subsection (i), subdivision (5);
    (6) Subsection (j), subdivision (4);

[[Page 35456]]

    (7) Subsection (k), subdivision (9) with the exceptions of the 
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride, fugitive ash and'' and the sentence 
``The maximum demonstrated municipal waste combustor unit load and 
maximum demonstrated particulate matter control device temperature 
shall be recorded for the initial performance test for dioxin/furan 
emissions for each particulate matter control device.''; and 
subdivision (10), with the exceptions of the phrase ``for particulate 
matter, cadmium, lead, mercury, dioxin/furan emissions, hydrogen 
chloride, fugitive ash and'' and the sentence ``The maximum 
demonstrated municipal waste combustor unit load and maximum 
demonstrated particulate matter control device temperature (for each 
particulate matter control device) shall be recorded for the initial 
performance test for dioxin/furan emissions.''
    (8) Subsection (l), subdivision (3)(A)(i) with the exception of the 
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride, fugitive ash and''; (3)(A)(ii), 
with the exceptions of the term ``sulfur dioxide'' and the phrase 
``carbon monoxide, municipal waste combustor unit load, particulate 
matter control device inlet temperature and''; (3)(A)(iv); (3)(A)(v), 
with the exceptions of the term ``sulfur dioxide'' the phrase ``carbon 
monoxide, municipal waste combustor unit load, particulate matter 
control device temperature and'' and the phrase ``carbon mass feed rate 
and''; (3)(A)(vi), with the exceptions of the term ``sulfur dioxide'' 
the phrase ``carbon monoxide, municipal waste combustor unit load, 
particulate matter control device temperature and'' and the phrase 
``carbon mass feed rate and''; (B), with the exception of the phrase 
``and (A)(iii)''; and (C).
    (9) Subsection (l), subdivision (6), with the exceptions of the 
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride'' and the term ``or fugitive ash''.
    (10) Subsection (a).
    (B) Regulation of the Department of Energy and Environmental 
Protection Concerning NOX Emissions from Fuel-Burning 
Emission Units, effective December 22, 2016.
    (1) Section 22a-174-22e, Control of nitrogen oxides emissions from 
fuel-burning equipment at major stationary sources of nitrogen oxides, 
with the exception of, within paragraph (l)(7), the phrase ``or under 
procedures in RCSA section 22a-174-5(d).'';(2) Section 22a-174-22f, 
High daily NOX emitting units at non-major sources of 
NOX;
    (3) Section 22a-174-18,, revised subsection (j)(6);
    (4), Section 22a-174-8(b)(2);
    (5) Section 22a-174-22c, subsection (g)(3);
    (6) Section 22a-174-38, revised subsections (b)(1) through (6).

0
3. Section 52.375 is amended by adding paragraph (h) to read as 
follows:


Sec.  52.375  Certification of no sources.

* * * * *
    (h) In its July 18, 2014 submittal to EPA pertaining to reasonably 
available control technology requirements for the 2008 8-hour ozone 
standard, the State of Connecticut certified to the satisfaction of EPA 
that no sources are located in the state that are covered by the 
following Control Technique Guidelines:
    (1) Automobile coatings;
    (2) Large petroleum dry cleaners;
    (3) Fiberglass boat manufacturing;
    (4) Equipment leaks from natural gas and gasoline processing 
plants;
    (5) Petroleum refineries;
    (6) Control of refinery vacuum producing systems;
    (7) Wastewater separators and process unit turnarounds; and
    (8) Flatwood paneling coatings.

0
4. Section 52.377 is amended by adding paragraph (q) to read as 
follows:


Sec.  52.377   Control strategy: Ozone.

* * * * *
    (q) Approval--Revisions to the Connecticut State Implementation 
Plan (SIP) submitted on July 18, 2014. The SIP revision satisfies the 
requirement to implement reasonably available control technology (RACT) 
for sources of volatile organic compounds (VOC) and oxides of nitrogen 
(NOX) for purposes of the 2008 ozone standard. Specifically, 
the following sections of the Regulations of Connecticut State Agencies 
are approved for this purpose: For VOC RACT, 22a-174-20, Control of 
Organic Compound Emissions, 22a-174-30, Dispensing of Gasoline/Stage I 
and Stage II Vapor Recovery, and 22a-174-32, RACT for Organic 
Compounds; for NOX RACT, 22a-174-22, Control of nitrogen 
oxide emissions, 22a-174-22e, Control of nitrogen oxide emissions from 
fuel burning equipment at major sources, 22a-174-22f, High daily 
NOX emitting units at non-major sources of nitrogen oxides, 
and 22a-174-38, Municipal Waste Combustors.

0
5. In Sec.  52.385, Table 52.385 is amended by adding new entries for 
state citations for 22a-174-22e, Control of nitrogen oxides emissions 
from fuel-burning equipment at major stationary sources of nitrogen 
oxides, and for 22a-174-22f, High daily NOX emitting units 
at non-major sources of NOX, and by adding rows to the 
existing entries of state citations 22a-174-8, 22a-174-18, 22a-174-22c, 
and 22a-174-38 in numerical order 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-174-8.................  Compliance Plans and         12/22/16         7/31/17  [Insert Federal        (c)(116)................  Minor edit to update
                             Schedules.                                             Register citation].                              citation.
 
                                                                      * * * * * * *
22a-174-18................  Control of                   12/22/16         7/31/17  [Insert Federal        (c)(116)................  Minor edit to update
                             particulate                                            Register citation].                              citation.
                             emissions.
 

[[Page 35457]]

 
                                                                      * * * * * * *
22a-174-22c...............  The Clean Air                12/22/16         7/31/17  [Insert Federal        (c)(116)................  Minor edit to update
                             Interstate Rule                                        Register citation].                              citation.
                             (CAIR) Nitrogen
                             Oxides (NOX) Ozone
                             Season Trading
                             Program.
22a-174-22e...............  Control of nitrogen          12/22/16         7/31/17  [Insert Federal        (c)(116)................  New regulation
                             oxides emissions                                       Register citation].                              applicable to major
                             from fuel-burning                                                                                       sources of NOX.
                             equipment at major
                             stationary sources
                             of nitrogen oxides.
22a-174-22f...............  High daily NOX               12/22/16         7/31/17  [Insert Federal        (c)(116)................  New regulation
                             emitting units at                                      Register citation].                              applicable to non-
                             non-major sources of                                                                                    major sources of
                             NOX.                                                                                                    NOX.
 
                                                                      * * * * * * *
22a-174-38................  Municipal Waste                8/2/16         7/31/17  [Insert Federal        (c)(116)................  Portions of
                             Combustors.                                            Register citation].                              previously approved
                                                                                                                                     regulation were
                                                                                                                                     revised, primarily
                                                                                                                                     to incorporate
                                                                                                                                     tightened NOX
                                                                                                                                     emission limit for
                                                                                                                                     mass burn water-
                                                                                                                                     walled units.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-15716 Filed 7-28-17; 8:45 am]
BILLING CODE 6560-50-P
35454 Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations

Applicable State EPA
Name of non-regulatory SIP geographic submittal approval Additional explanation
revision area date date

* * * * * * *
Maryland Regional Haze Plan Statewide ....... 11/28/2016 7/31/2017 [in- Establishes the alternative BART limits for Verso Luke
sert Federal Paper Mill power boiler 24 of 0.28 lb/MMBtu, measured
Register ci- as an hourly average for SO2; and 0.4 lb/MMBtu, meas-
tation]. ured on a 30-day rolling average for NOX; and 9,876 SO2
cap on power boiler 25. Also incorporates by reference
monitoring, recordkeeping and reporting requirements.
These requirements replace BART measure originally ap-
proved on 2/13/12 for Luke Paper Mill.

* * * * * * *

[FR Doc. 2017–15979 Filed 7–28–17; 8:45 am] publicly available only in hard copy regulation limiting NOX emissions from
BILLING CODE 6560–50–P form. Publicly available docket major sources of air emissions, and a
materials are available at http:// regulation limiting emissions from non-
www.regulations.gov or at the U.S. major sources of NOX emissions. The
ENVIRONMENTAL PROTECTION Environmental Protection Agency, EPA State submitted its RACT demonstration
AGENCY New England Regional Office, Office of on July 18, 2014, the revised MWC
Ecosystem Protection, Air Quality regulation on September 16, 2016, and
40 CFR Part 52 Planning Unit, 5 Post Office Square— the regulations limiting NOX emissions
[EPA–R01–OAR–2014–0611; A–1–FRL– Suite 100, Boston, MA. EPA requests from major and non-major sources on
9963–89–Region 1] that if at all possible, you contact the January 24, 2017. By letter dated March
contact listed in the FOR FURTHER 31, 2017, Connecticut withdrew a
Air Plan Approval; CT; Reasonably INFORMATION CONTACT section to number of provisions from these
Available Control Technology for the schedule your inspection. The Regional submittals that do not pertain to NOX or
2008 Ozone Standard Office’s official hours of business are VOC control requirements, and
Monday through Friday, 8:30 a.m. to therefore are not germane to this action.
AGENCY: Environmental Protection The specific details of Connecticut’s
4:30 p.m., excluding legal holidays.
Agency (EPA). RACT certification for the 2008 ozone
FOR FURTHER INFORMATION CONTACT: Bob
ACTION: Final rule. NAAQS and its three NOX regulations,
McConnell, Air Quality Planning Unit,
U.S. Environmental Protection Agency, as well as the rationale for our proposed
SUMMARY: The Environmental Protection
EPA New England Regional Office, 5 approval are explained in the NPR and
Agency (EPA) is approving State
Post Office Square, Suite 100 (mail will not be restated here. We received a
Implementation Plan (SIP) revisions
code: OEP05–2), Boston, MA 02109– total of six public comments in response
submitted by the State of Connecticut.
3912, telephone number (617) 918– to the NPR. One public comment was in
These SIP revisions consist of a
1046, fax number (617) 918–0046, email favor of our proposal and the others
demonstration that Connecticut meets
mcconnell.robert@epa.gov. either were irrelevant to our proposed
the requirements to implement
SUPPLEMENTARY INFORMATION: action and/or lacked sufficient
reasonably available control technology
Throughout this document whenever specificity with respect to the SIP action
(RACT) for the two precursors of
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean being proposed, failing to articulate
ground-level ozone, oxides of nitrogen
EPA. what the commenter believed EPA
(NOX) and volatile organic compounds
Organization of this document. The should do to change or revise its
(VOCs), set forth by the Clean Air Act
following outline is provided to aid in proposed approval. All of the comments
(CAA) with respect to the 2008 ozone
locating information in this preamble. received are included in the docket for
standard. Additionally, we are
today’s action.
approving three related regulations that I. Background and Purpose
limit air emissions of NOX from sources II. Final Action II. Final Action
within the State. This action is being III. Incorporation by Reference
IV. Statutory and Executive Order Reviews EPA is approving Connecticut’s
taken in accordance with the Clean Air demonstration that it meets the CAA
Act. I. Background and Purpose RACT requirements for NOX and VOCs
DATES: This rule is effective on August On April 6, 2017 (82 FR 16772), EPA for purposes of the 2008 ozone standard,
30, 2017. published a Notice of Proposed and is also approving portions of a
ADDRESSES: EPA has established a Rulemaking (NPR) for the State of revised regulation limiting NOX
docket for this action under Docket Connecticut. The NPR proposed emissions from MWCs, and regulations
Identification No. EPA–R01–OAR– approval of a demonstration that limiting NOX emissions from major and
2014–0611. All documents in the docket Connecticut meets the RACT minor sources of air emissions, as
are listed on the http:// requirements for NOX and VOCs, set revisions to the Connecticut SIP.
sradovich on DSKBCFCHB2PROD with RULES

www.regulations.gov Web site. Although forth by the Clean Air Act with respect Additionally, we are approving a
listed in the index, some information is to the 2008 ozone standard. number of minor edits made to existing
not publicly available, i.e., CBI or other Additionally, Connecticut also parts of Connecticut’s air pollution
information whose disclosure is submitted to EPA and we proposed control regulations that were updated to
restricted by statute. Certain other approval of portions of a revised make citations correctly reference the
material, such as copyrighted material, regulation limiting NOX emissions from State’s newly adopted regulations. Last,
is not placed on the Internet and will be municipal waste combustors (MWCs), a we are approving a number of negative

VerDate Sep<11>2014 16:19 Jul 28, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1
Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations 35455

declarations for Control Technique • Is not subject to requirements of requirements, Volatile organic
Guidelines categories for which Section 12(d) of the National compounds.
Connecticut asserts no facilities exist Technology Transfer and Advancement Dated: June 5, 2017.
within its borders. Act of 1995 (15 U.S.C. 272 note) because Deborah A. Szaro,
application of those requirements would
III. Incorporation by Reference Acting Regional Administrator, EPA New
be inconsistent with the Clean Air Act; England.
In this rule, the EPA is finalizing and
regulatory text that includes • Does not provide EPA with the Part 52 of chapter I, title 40 of the
incorporation by reference. In discretionary authority to address, as Code of Federal Regulations is amended
accordance with requirements of 1 CFR appropriate, disproportionate human as follows:
51.5, the EPA is finalizing the health or environmental effects, using PART 52—APPROVAL AND
incorporation by reference of the practicable and legally permissible PROMULGATION OF
sections of the State of Connecticut methods, under Executive Order 12898 IMPLEMENTATION PLANS
Regulation of Department of Energy and (59 FR 7629, February 16, 1994).
Environmental Protection noted in this In addition, the SIP is not approved ■ 1. The authority citation for part 52
final rulemaking. The EPA has made, to apply on any Indian reservation land continues to read as follows:
and will continue to make, these or in any other area where EPA or an
documents generally available through Authority: 42 U.S.C. 7401 et seq.
Indian tribe has demonstrated that a
http://www.regulations.gov. tribe has jurisdiction. In those areas of Subpart H—Connecticut
IV. Statutory and Executive Order Indian country, the rule does not have
Reviews tribal implications and will not impose ■ 2. Section 52.370 is amended by
substantial direct costs on tribal ■ a. adding paragraph (c)(90)(i)(B);
Under the Clean Air Act, the governments or preempt tribal law as ■ b. adding paragraph (c)(97)(i)(B); and
Administrator is required to approve a specified by Executive Order 13175 (65 ■ c. adding paragraph (c)(116) to read as
SIP submission that complies with the FR 67249, November 9, 2000). follows:
provisions of the Act and applicable The Congressional Review Act, 5
Federal regulations. 42 U.S.C. 7410(k); § 52.370 Identification of plan.
U.S.C. 801 et seq., as added by the Small
40 CFR 52.02(a). Thus, in reviewing SIP Business Regulatory Enforcement * * * * *
submissions, EPA’s role is to approve Fairness Act of 1996, generally provides (c) * * *
state choices, provided that they meet that before a rule may take effect, the (90) * * *
the criteria of the Clean Air Act. agency promulgating the rule must (i) * * *
Accordingly, this action merely submit a rule report, which includes a (B) Section 22a–174–38, subsections
approves state law as meeting Federal copy of the rule, to each House of the (a), (c), (d), (i), (j), (k), and (l) were
requirements and does not impose Congress and to the Comptroller General revised as published in the Connecticut
additional requirements beyond those of the United States. EPA will submit a Law Journal, volume 78, no. 17, on
imposed by state law. For that reason, report containing this action and other October 25, 2016. Subsection (d) is
this action: required information to the U.S. Senate, removed from the SIP without
• Is not a significant regulatory action the U.S. House of Representatives, and replacement. See paragraph (116)(i)(A).
subject to review by the Office of the Comptroller General of the United * * * * *
Management and Budget under States prior to publication of the rule in (97) * * *
Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule (i) * * *
October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it (B) Section 22a–174–22c, subsection
January 21, 2011); is published in the Federal Register. (g)(3) is removed from the SIP without
• Does not impose an information This action is not a ‘‘major rule’’ as replacement effective December 22,
collection burden under the provisions defined by 5 U.S.C. 804(2). 2016. See paragraph (116)(i)(B).
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean * * * * *
U.S.C. 3501 et seq.); Air Act, petitions for judicial review of (116) Revisions to the State
• Is certified as not having a this action must be filed in the United Implementation Plan submitted by the
significant economic impact on a States Court of Appeals for the Connecticut Department of Energy and
substantial number of small entities appropriate circuit by September 29, Environmental Protection on September
under the Regulatory Flexibility Act (5 2017. Filing a petition for 16, 2016, and January 24, 2017.
U.S.C. 601 et seq.); reconsideration by the Administrator of (i) Incorporation by reference. (A)
• Does not contain any unfunded this final rule does not affect the finality Regulations of Connecticut State
mandate or significantly or uniquely of this action for the purposes of judicial Agencies, Administrative Regulation of
affect small governments, as described review nor does it extend the time the Department of Energy and
in the Unfunded Mandates Reform Act within which a petition for judicial Environmental Protection, Municipal
of 1995 (Pub. L. 104–4); review may be filed, and shall not Waste Combustors, revisions to section
• Does not have Federalism postpone the effectiveness of such rule 22a–174–38 as published in the
implications as specified in Executive or action. This action may not be Connecticut Law Journal, volume 78,
Order 13132 (64 FR 43255, August 10, challenged later in proceedings to no. 17, on October 25, 2016.
1999); enforce its requirements. (See section (1) Subsection (c), subdivision (8);
sradovich on DSKBCFCHB2PROD with RULES

• Is not an economically significant 307(b)(2).) (2) Subsection (c), subdivisions (16),
regulatory action based on health or and (17);
safety risks subject to Executive Order List of Subjects in 40 CFR Part 52
(3) Subsection (d);
13045 (62 FR 19885, April 23, 1997); Environmental protection, Air (4) Subsection (i), subdivisions (4)(E)
• Is not a significant regulatory action pollution control, Incorporation by and (J);
subject to Executive Order 13211 (66 FR reference, Nitrogen dioxide, Ozone, (5) Subsection (i), subdivision (5);
28355, May 22, 2001); Reporting and recordkeeping (6) Subsection (j), subdivision (4);

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Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations 35457

TABLE 52.385—EPA-APPROVED REGULATIONS—Continued
Dates
Connecticut Federal Register
Title/subject Date Date Section 52.370 Comments/description
state citation citation
adopted approved
by State by EPA

* * * * * * *
22a–174–22c .... The Clean Air Inter- 12/22/16 7/31/17 [Insert Federal (c)(116) .......... Minor edit to update citation.
state Rule Register citation].
(CAIR) Nitrogen
Oxides (NOX)
Ozone Season
Trading Program.
22a–174–22e .... Control of nitrogen 12/22/16 7/31/17 [Insert Federal (c)(116) .......... New regulation applicable to
oxides emissions Register citation]. major sources of NOX.
from fuel-burning
equipment at
major stationary
sources of nitro-
gen oxides.
22a–174–22f ..... High daily NOX 12/22/16 7/31/17 [Insert Federal (c)(116) .......... New regulation applicable to
emitting units at Register citation]. non-major sources of NOX.
non-major
sources of NOX.

* * * * * * *
22a–174–38 ...... Municipal Waste 8/2/16 7/31/17 [Insert Federal (c)(116) .......... Portions of previously ap-
Combustors. Register citation]. proved regulation were re-
vised, primarily to incor-
porate tightened NOX
emission limit for mass
burn water-walled units.

* * * * * * *

[FR Doc. 2017–15716 Filed 7–28–17; 8:45 am] haddock in the fall. The intended effect FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P of this action is to reduce catch of cod Emily Keiley, Fishery Management
and haddock in order to ensure that Specialist, phone: 978–281–9116; email:
fishing year 2017 recreational catch Emily.Keiley@noaa.gov.
DEPARTMENT OF COMMERCE limits are not exceeded. SUPPLEMENTARY INFORMATION:
DATES: Effective July 27, 2017. Table of Contents
National Oceanic and Atmospheric
Administration ADDRESSES: Copies of a supplemental 1. Fishing Year 2017 Recreational
environmental assessment (EA) to Management Measures
50 CFR Part 648 Framework Adjustment 55 to the 2. Regulatory Corrections Under Regional
Northeast Multispecies Fishery Administrator Authority
[Docket No. 161220999–7682–02]
Management Plan prepared by the 1. Fishing Year 2017 Recreational
RIN 0648–BG52 Greater Atlantic Regional Fisheries Management Measures
Office and Northeast Fisheries Science Background
Magnuson-Stevens Fishery Center; and the Framework 55 EA
Conservation and Management Act prepared by the New England Fishery Statutory Authority
Provisions; Fisheries of the Management Council for this Under the Northeast Multispecies
Northeastern United States; Northeast rulemaking are available from: John K. Fishery Management Plan (FMP), sub-
Groundfish Fishery; Fishing Year 2017; Bullard, Regional Administrator, annual catch limits (sub-ACL) for the
Recreational Management Measures National Marine Fisheries Service, 55 recreational fishery are established for
AGENCY: National Marine Fisheries Great Republic Drive, Gloucester, MA each fishing year for Gulf of Maine
Service (NMFS), National Oceanic and 01930. The Framework 55 EA and (GOM) cod and haddock. The
Atmospheric Administration (NOAA), supplement are also accessible via the regulations at 50 CFR 648.89(f)(3)
Commerce. Internet at: https:// authorize the Regional Administrator, in
ACTION: Final rule.
www.greateratlantic.fisheries.noaa.gov/ consultation with the New England
regs/2016/March/16mulfw55ea.pdf and Fishery Management Council (NEFMC),
sradovich on DSKBCFCHB2PROD with RULES

SUMMARY: This action sets the https:// to modify the recreational management
recreational management measures for www.greateratlantic.fisheries.noaa.gov/ measures for the upcoming fishing year
Gulf of Maine cod and haddock for the regs/2016/March/160212_rec_ to ensure that the recreational fishery
remainder of the 2017 fishing year. This measures_draft_ea.pdf. These achieves, but does not exceed, the
action prohibits recreational possession documents are also accessible via the recreational fishery sub-ACLs. The
of cod, reduces the haddock bag limit, Federal eRulemaking Portal: http:// proposed rule for this action (82 FR
and implements a new closed season for www.regulations.gov. 24086; May 25, 2017) provides details

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Document Created: 2017-07-29 00:21:59
Document Modified: 2017-07-29 00:21:59
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		Final rule.
Dates		This rule is effective on August 30, 2017.
Contact		Bob McConnell, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918- 0046, email [email protected]
FR Citation		82 FR 35454
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds