82 FR 37013 - Air Plan Approval; Connecticut; Infrastructure Requirement for the 2010 Sulfur Dioxide National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 151 (August 8, 2017)
Federal Register Volume 82, Issue 151 (August 8, 2017)
| Page Range | 37013-37015 | |
| FR Document | 2017-16487 |
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)] [Rules and Regulations] [Pages 37013-37015] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16487] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2015-0198; A-1-FRL-9965-52-Region 1] Air Plan Approval; Connecticut; Infrastructure Requirement for the 2010 Sulfur Dioxide National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving one aspect (the remaining portion) of a State Implementation Plan (SIP) revision submitted on May 30, 2013 by the State of Connecticut. This revision addresses the interstate transport requirements of the Clean Air Act (CAA), referred to as the good neighbor provision, with respect to the 2010 sulfur dioxide (SO2 ) national ambient air quality standard (NAAQS). This action approves Connecticut's demonstration that the State is meeting its obligations regarding the transport of SO2 emissions into other states. This action is being taken under the Clean Air Act. DATES: This rule is effective on September 7, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2015-0198. All documents in the docket are listed on the https://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 [[Page 37014]] form. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Permits, Toxics and Indoor Air Programs 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: Donald Dahl, Air Permits, Toxics and Indoor Programs Units, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, (617) 918-1657; email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Background and Purpose II. Final Action III. Statutory and Executive Order Reviews I. Background and Purpose On May 30, 2013, the Connecticut Department of Energy and Environmental Protection (CT DEEP) submitted a revision to its SIP, certifying that its SIP meets the requirements of section 110(a)(2) of the CAA with respect to the 2010 SO2 NAAQS (infrastructure SIP). On June 3, 2016 (81 FR 35636), EPA took final action on CT DEEP's certification that its SIP was adequate to meet the program elements required by section 110(a)(2) of the CAA with respect to the 2010 SO2 NAAQS. However, at that time, EPA did not take action on CT DEEP's certification that its SIP met the requirements of section 110(a)(2)(D)(i)(I), the good neighbor provision. On May 8, 2017 (82 FR 21351), EPA published a Notice of Proposed Rulemaking (NPR) for the State of Connecticut 2010 SO2 NAAQS infrastructure SIP as it pertains to section 110(a)(2)(D)(i)(I) of the CAA. The specific requirements of this infrastructure SIP element and the rationale for EPA's proposed action on the State's submittal is explained in the NPR and will not be restated here. No public comments were received on the NPR. II. Final Action EPA is approving the remainder of the May 30, 2013 SIP submission from Connecticut certifying that the State's current SIP is sufficient to meet the required infrastructure elements under section 110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS. 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. 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 October 10, 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, Intergovernmental relations, Sulfur oxides. Dated: July 12, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England. 40 CFR part 52 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: [[Page 37015]] Authority: 42 U.S.C. 7401 et seq. Subpart H--Connecticut 0 2. Section 52.386 is amended by redesignating the undesignated paragraph as paragraph (a) and adding paragraph (b) to read as follows: Sec. 52.386 Section 110(a)(2) infrastructure requirements. * * * * * (b) On May 30, 2013, the State of Connecticut submitted a State Implementation Plan (SIP) revision addressing the Section 110(a)(2)(D)(i)(I) interstate transport requirements of the Clean Air Act for the 2010 SO 2 National Ambient Air Quality Standards (NAAQS). EPA has found that Connecticut's May 30, 2013 submittal meets the requirements of Section 110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS. [FR Doc. 2017-16487 Filed 8-7-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations 37013
in the Unfunded Mandates Reform Act substantial direct costs on tribal be challenged later in proceedings to
of 1995 (Public Law 104–4); governments or preempt tribal law). enforce its requirements. See section
• does not have Federalism The Congressional Review Act, 5 307(b)(2).
implications as specified in Executive U.S.C. 801 et seq., as added by the Small List of Subjects in 40 CFR Part 52
Order 13132 (64 FR 43255, August 10, Business Regulatory Enforcement
1999); Fairness Act of 1996, generally provides Environmental protection, Air
• is not an economically significant that before a rule may take effect, the pollution control, Incorporation by
regulatory action based on health or agency promulgating the rule must reference, Intergovernmental relations,
safety risks subject to Executive Order submit a rule report, which includes a Particulate matter, Reporting and
13045 (62 FR 19885, April 23, 1997); copy of the rule, to each House of the recordkeeping requirements, Volatile
• is not a significant regulatory action Congress and to the Comptroller General organic compounds.
subject to Executive Order 13211 (66 FR of the United States. EPA will submit a Dated: July 19, 2017.
28355, May 22, 2001); report containing this action and other V. Anne Heard,
• is not subject to requirements of required information to the U.S. Senate, Acting Regional Administrator, Region 4.
Section 12(d) of the National the U.S. House of Representatives, and
Technology Transfer and Advancement the Comptroller General of the United 40 CFR part 52 is amended as follows:
Act of 1995 (15 U.S.C. 272 note) because States prior to publication of the rule in
application of those requirements would the Federal Register. A major rule PART 52—APPROVAL AND
be inconsistent with the CAA; and cannot take effect until 60 days after it PROMULGATION OF
IMPLEMENTATION PLANS
• does not provide EPA with the is published in the Federal Register.
discretionary authority to address, as This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
appropriate, disproportionate human defined by 5 U.S.C. 804(2). continues to read as follows:
health or environmental effects, using Under section 307(b)(1) of the CAA,
practicable and legally permissible petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq.
methods, under Executive Order 12898 action must be filed in the United States Subpart S—Kentucky
(59 FR 7629, February 16, 1994). Court of Appeals for the appropriate
In addition, the SIP is not approved circuit by October 10, 2017. Filing a ■ 2. Section 52.920(e) is amended by
to apply on any Indian reservation land petition for reconsideration by the adding a new entry for ‘‘110(a)(1) and
or in any other area where EPA or an Administrator of this final rule does not (2) Infrastructure Requirements for the
Indian tribe has demonstrated that a affect the finality of this action for the 2012 Annual Fine PM2.5 NAAQS’’ at the
tribe has jurisdiction. In those areas of purposes of judicial review nor does it end of the table to read as follows:
Indian country, the rule does not have extend the time within which a petition
tribal implications as specified by for judicial review may be filed, and § 52.920 Identification of plan.
Executive Order 13175 (65 FR 67249, shall not postpone the effectiveness of * * * * *
November 9, 2000), nor will it impose such rule or action. This action may not (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State
Name of non-regulatory SIP Applicable geographic or submittal EPA approval date Explanations
provision nonattainment area date/effective date
* * * * * * *
110(a)(1) and (2) Infrastruc- Kentucky ............................... 2/8/2016 8/8/2017, [Insert citation of With the exception of section
ture Requirements for the publication]. 110(a)(2)(D)(i)(I) and (II)
2012 Annual Fine PM2.5 (prongs 1, 2 and 4) and
NAAQS. the minor source program
requirement of section
110(a)(2)(C).
[FR Doc. 2017–16488 Filed 8–7–17; 8:45 am] ACTION: Final rule. other states. This action is being taken
BILLING CODE 6560–50–P under the Clean Air Act.
SUMMARY: The Environmental Protection DATES: This rule is effective on
Agency (EPA) is approving one aspect September 7, 2017.
ENVIRONMENTAL PROTECTION (the remaining portion) of a State ADDRESSES: EPA has established a
AGENCY Implementation Plan (SIP) revision docket for this action under Docket
submitted on May 30, 2013 by the State Identification No. EPA–R01–OAR–
40 CFR Part 52
of Connecticut. This revision addresses 2015–0198. All documents in the docket
[EPA–R01–OAR–2015–0198; A–1–FRL– the interstate transport requirements of are listed on the https://
asabaliauskas on DSKBBXCHB2PROD with RULES
9965–52-Region 1] the Clean Air Act (CAA), referred to as www.regulations.gov Web site. Although
the good neighbor provision, with listed in the index, some information is
Air Plan Approval; Connecticut; respect to the 2010 sulfur dioxide (SO2) not publicly available, i.e., CBI or other
Infrastructure Requirement for the
national ambient air quality standard information whose disclosure is
2010 Sulfur Dioxide National Ambient
(NAAQS). This action approves restricted by statute. Certain other
Air Quality Standard
Connecticut’s demonstration that the material, such as copyrighted material,
AGENCY: Environmental Protection State is meeting its obligations regarding is not placed on the Internet and will be
Agency (EPA). the transport of SO2 emissions into publicly available only in hard copy
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![Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations 37015
Authority: 42 U.S.C. 7401 et seq. unless EPA receives adverse comment renames the State’s PSD regulations in
by September 7, 2017. If EPA receives the SIP from APC–S–5 to Mississippi
Subpart H—Connecticut such comments, it will publish a timely Administrative Code, Title 11, Part 2,
■ 2. Section 52.386 is amended by withdrawal of the direct final rule in the Chapter 5 (hereinafter referred to as
redesignating the undesignated Federal Register and inform the public Regulation 11–MAC–Part 2–5), and
paragraph as paragraph (a) and adding that the rule will not take effect. makes formatting changes to these
paragraph (b) to read as follows: ADDRESSES: Submit your comments, regulations. EPA approved these
identified by Docket ID No. EPA–R04– administrative changes to the PSD
§ 52.386 Section 110(a)(2) infrastructure OAR–2017–0188 at http:// regulations in a Letter Notice dated July
requirements. www.regulations.gov. Follow the online 20, 2017.2
* * * * * instructions for submitting comments. EPA is approving the portion of
(b) On May 30, 2013, the State of Once submitted, comments cannot be Mississippi’s submittal that makes
Connecticut submitted a State edited or removed from Regulations.gov. changes to the State’s PSD program, as
Implementation Plan (SIP) revision EPA may publish any comment received established in MDEQ’s Regulation 11–
addressing the Section 110(a)(2)(D)(i)(I) to its public docket. Do not submit MAC–Part 2–5, which applies to the
interstate transport requirements of the electronically any information you construction or modification of any
Clean Air Act for the 2010 SO2 National consider to be Confidential Business major stationary source in areas
Ambient Air Quality Standards Information (CBI) or other information designated as attainment or
(NAAQS). EPA has found that whose disclosure is restricted by statute. unclassifiable as required by part C of
Connecticut’s May 30, 2013 submittal Multimedia submissions (audio, video, title I of the CAA. This SIP revision is
meets the requirements of Section etc.) must be accompanied by a written intended to make Mississippi’s state
110(a)(2)(D)(i)(I) for the 2010 SO2 comment. The written comment is PSD permitting rule consistent with the
NAAQS. considered the official comment and Federal requirements, as promulgated
[FR Doc. 2017–16487 Filed 8–7–17; 8:45 am] should include discussion of all points by EPA. The June 7, 2016 submittal
BILLING CODE 6560–50–P you wish to make. EPA will generally updates the IBR date at 11–MAC–Part
not consider comments or comment 2–5 Rule 5.1 and Rule 5.2 from
contents located outside of the primary November 4, 2011, to February 17, 2016,
ENVIRONMENTAL PROTECTION submission (i.e., on the web, cloud, or for the Federal PSD permitting
AGENCY other file sharing system). For regulations at 40 CFR 52.21 and 51.166.3
additional submission methods, the full By modifying the IBR date of 40 CFR
40 CFR Part 52 EPA public comment policy, 52.21, Mississippi is making four
[EPA–R04–OAR–2017–0188; FRL–9965–70- information about CBI or multimedia changes to its PSD rules: (1) Adopting
Region 4] submissions, and general guidance on provisions for GHG plantwide
making effective comments, please visit applicability limitations (PALs); (2)
Air Plan Approval; Mississippi: http://www2.epa.gov/dockets/ removing permitting requirements for
Prevention of Significant Deterioration commenting-epa-dockets. certain GHG sources; (3) incorporating
Updates grandfathering provisions for the 2012
FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection Andres Febres of the Air Regulatory primary annual PM2.5 4 NAAQS
Agency (EPA). Management Section, Air Planning and
the CAA and applies in areas that are not in
ACTION: Direct final rule. Implementation Branch, Air, Pesticides attainment of the NAAQS—‘‘nonattainment areas.’’
and Toxics Management Division, U.S. The Minor NSR program addresses construction or
SUMMARY: The Environmental Protection Environmental Protection Agency, modification activities that do not qualify as
Agency (EPA) is approving a portion of Region 4, 61 Forsyth Street SW., ‘‘major’’ and applies regardless of the designation
the State Implementation Plan (SIP) of the area in which a source is located. Together,
Atlanta, Georgia 30303–8960. Mr. these programs are referred to as the NSR programs.
revision submitted by Mississippi, Febres can be reached via telephone at 2 Mississippi submitted a supplemental letter on
through the Mississippi Department of (404) 562–8966 or via electronic mail at May 7, 2017, clarifying its intent to incorporate
Environmental Quality (MDEQ), Office febres-martinez.andres@epa.gov. these renaming and reformatting changes of APC–
of Pollution Control, on June 7, 2016. SUPPLEMENTARY INFORMATION:
S–5 into the SIP.
3 11–MAC–Part 2–5 incorporates by reference 40
Specifically, this action approves the
I. What action is the Agency taking? CFR 52.21 with the exceptions noted in Rule 5.2
portion of the SIP revision making and incorporates by reference 40 CFR 51.166(f) and
changes to Mississippi’s Prevention of On June 7, 2016, MDEQ submitted a (q) with the exceptions noted in Rule 5.4.
Significant Deterioration (PSD) program SIP revision for EPA’s approval that 4 Airborne particulate matter (PM) with a nominal
by modifying the incorporation by includes changes to Mississippi’s aerodynamic diameter of 2.5 micrometers or less (a
reference (IBR) date for the Federal PSD micrometer is one-millionth of a meter, and 2.5
regulations to make them consistent micrometers is less than one-seventh the average
regulations promulgated by EPA. By with Federal requirements for the New width of a human hair) are considered to be ‘‘fine
changing this date, approval of the SIP Source Review (NSR) permitting particles’’ and are also known as PM2.5. Fine
revision modifies the existing program, in particular for PSD particles in the atmosphere are made up of a
Greenhouse Gas (GHG) PSD permitting complex mixture of components including sulfate;
permitting.1 Additionally, the submittal nitrate; ammonium; elemental carbon; a great
program and incorporates PSD variety of organic compounds; and inorganic
provisions related to the 1997, 2006, 1 EPA’s regulations governing the implementation material (including metals, dust, sea salt, and other
asabaliauskas on DSKBBXCHB2PROD with RULES
and 2012 fine particulate matter (PM2.5) of NSR permitting programs are contained in 40 trace elements) generally referred to as ‘‘crustal’’
and 2015 8-hour ozone National CFR 51.160—51.166; 52.21, 52.24; and part 51, material, although it may contain material from
Appendix S. The CAA NSR program is composed other sources. On July 18, 1997, EPA revised the
Ambient Air Quality Standards of three separate programs: PSD, NNSR, and Minor NAAQS for PM to add new standards for fine
(NAAQS). This action is being taken NSR. PSD is established in part C of title I of the particles, using PM2.5 as the indicator. Previously,
pursuant to the Clean Air Act (CAA or CAA and applies in areas that meet the NAAQS— EPA used PM10 (inhalable particles smaller than or
Act) and its implementing regulations. ‘‘attainment areas’’—as well as areas where there is equal to 10 micrometers in diameter) as the
insufficient information to determine if the area indicator for the PM NAAQS. EPA established
DATES: This direct final rule is effective meets the NAAQS—‘‘unclassifiable areas.’’ The health-based (primary) annual and 24-hour
October 10, 2017 without further notice, NNSR program is established in part D of title I of Continued
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Document Created: 2017-08-08 00:17:26
Document Modified: 2017-08-08 00:17:26
| 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 September 7, 2017. | |
| Contact | Donald Dahl, Air Permits, Toxics and Indoor Programs Units, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, (617) 918-1657; email at [email protected] | |
| FR Citation | 82 FR 37013 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Sulfur Oxides |
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