83_FR_28052 83 FR 27936 - Air Plan Approval; Connecticut; Prevention of Significant Deterioration; Revisions to the Prevention of Significant Deterioration Greenhouse Gas Permitting Authority

83 FR 27936 - Air Plan Approval; Connecticut; Prevention of Significant Deterioration; Revisions to the Prevention of Significant Deterioration Greenhouse Gas Permitting Authority

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range27936-27937
FR Document2018-12896

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision affects provisions applicable to greenhouse gases (GHGs) in the EPA's Prevention of Significant Deterioration (PSD) permit program. Connecticut requested the revision in response to the June 23, 2014, U.S. Supreme Court's decision in Utility Air Regulatory Group (UARG) v. EPA and the April 10, 2015, Amended Judgment by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in Coalition for Responsible Regulation v. EPA. The intended effect of this action is to clarify that the State's PSD rules do not require a source to obtain a permit solely because the source emits or has the potential to emit (PTE) GHGs: Above the PSD applicability thresholds for new major sources; or for which there is a significant emissions increase from a modification. This action is being taken under the Clean Air Act.

Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Proposed Rules]
[Pages 27936-27937]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12896]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0212; FRL-9978- 97--Region 1]


Air Plan Approval; Connecticut; Prevention of Significant 
Deterioration; Revisions to the Prevention of Significant Deterioration 
Greenhouse Gas Permitting Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Connecticut. This revision affects provisions applicable to 
greenhouse gases (GHGs) in the EPA's Prevention of Significant 
Deterioration (PSD) permit program. Connecticut requested the revision 
in response to the June 23, 2014, U.S. Supreme Court's decision in 
Utility Air Regulatory Group (UARG) v. EPA and the April 10, 2015, 
Amended Judgment by the United States Court of Appeals for the District 
of Columbia Circuit (D.C. Circuit) in Coalition for Responsible 
Regulation v. EPA. The intended effect of this action is to clarify 
that the State's PSD rules do not require a source to obtain a permit 
solely because the source emits or has the potential to emit (PTE) 
GHGs: Above the PSD applicability thresholds for new major sources; or 
for which there is a significant emissions increase from a 
modification. This action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before July 16, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0212 at www.regulations.gov, or via email to. For comments 
submitted at Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For either manner of submission, the EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the For Further 
Information Contact section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are 
available at 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. The 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 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, tel. (617) 918-1657, email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background and Purpose
II. EPA's Review
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 28, 2018, the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) submitted a revision to its State 
Implementation Plan (SIP) for the treatment of GHGs in the context of 
the PSD permit program under the Clean Air Act (CAA). The revision 
consists of removing the requirement that sources would have to obtain 
a PSD permit solely due to its GHG emissions, commonly known as ``Step 
2'' sources.
    On January 2, 2011, GHG emissions were, for the first time, covered 
by the PSD and title V operating permit programs. See 75 FR 17004, 
(April 2, 2010). To establish a process for phasing in the permitting 
requirements for stationary sources of GHGs under the CAA PSD and title 
V programs, on June 3, 2010, the EPA published a final rule entitled 
``Prevention of Significant Deterioration and Title V Greenhouse Gas 
Tailoring Rule'' (hereinafter referred to as the GHG Tailoring Rule). 
See 75 FR 31514. In Step 1 of the GHG Tailoring Rule, which began on 
January 2, 2011, the EPA limited application of PSD and title V 
requirements to sources of GHG emissions only if they were subject to 
PSD or title V ``anyway'' due to their emissions of pollutants other 
than GHGs. These sources are referred to as ``anyway sources.'' In Step 
2 of the GHG Tailoring Rule, which applied as of July 1, 2011, the PSD 
and title V permitting program requirements applied to some sources 
that were classified as major sources based solely on their GHG 
emissions or potential to emit GHGs. Step 2 also applied PSD permitting 
requirements to modifications of otherwise major sources that would 
increase only GHG emissions above the level in the EPA regulations. EPA 
generally described the sources covered by PSD during Step 2 of the GHG 
Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.''
    The United States Supreme Court invalidated the EPA's regulation of 
Step 2 sources in Utility Air Regulatory Group (UARG) v. EPA, 134 S Ct. 
2427 (2014). In accordance with that decision, the United States Court 
of Appeals for the District of Columbia Circuit vacated the federal 
regulations that implemented Step 2 of the GHG Tailoring Rule. See 
Coalition for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 
(D.C. Cir. 2015). Subsequently, the EPA removed the vacated elements 
from its rules. See 80 FR 50199 (August 19, 2015). The EPA therefore 
has the authority to approve a state's request to remove Step 2 sources 
from the SIP.

II. EPA's Review

    Section 110(l) of the CAA states that the EPA shall not approve a 
revision to the SIP if the revision would interfere with any applicable 
requirement concerning attainment (of the NAAQS)

[[Page 27937]]

and reasonable further progress (as defined in CAA section 7501) or any 
other requirement of the CAA. The EPA has reviewed the SIP revision and 
is proposing to find the revision is consistent with Section 110(l) of 
the CAA.
    The EPA's analysis and rationale for proposing to approve 
Connecticut's SIP revision request can be found in the Technical 
Support Document (TSD) associated with this action. In addition to the 
finding under Section 110(l), the EPA reviewed the SIP revision to 
ensure it is consistent with the EPA's regulations at 40 CFR 51.166, 
which contain the requirements for a state's PSD permit program 
regulations. The EPA's May 15, 2018 TSD (which is included in the 
docket for this action) includes the state requirements revised or 
removed, a list of the relevant federal provisions relating to the 
State's revisions, and a description of how each state provision 
complies with the federal requirements.
    During the EPA's review, the EPA noted that there was a 
typographical error in the certified copy of the regulatory changes 
Connecticut sent to the EPA. The difference between the certified copy 
and the state-adopted regulations was due to a clerical error. 
Connecticut subsequently submitted a revised and correct certified copy 
of the regulatory changes on May 7, 2018.

III. Proposed Action

    Based on our analysis, the EPA is proposing to approve the 
Connecticut SIP revision, which was submitted on February 28, 2018, for 
the removal of the requirement that sources must obtain a PSD permit 
based solely on a source's GHG emissions. The EPA is soliciting public 
comments on the issues discussed in this notice or on other relevant 
matters. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate 
revised RSCA Section 22a-174-3a(a)(1) entitled ``Applicability,'' RSCA 
Section 22a-174-3a(j)(1) for when control technology applies, and RSCA 
Sections 22a-174-3a(k)(1) and (2) regarding applicability of GHGs for 
new major stationary sources and major modifications. All three state 
regulations were effective February 8, 2018. The EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed 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 proposed 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);
     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.
     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 the 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 the 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 12, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-12896 Filed 6-14-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                  27936                     Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules

                                                  Appeals, the United States Court of                     Once submitted, comments cannot be                     treatment of GHGs in the context of the
                                                  Federal Claims, and the United States                   edited or removed from Regulations.gov.                PSD permit program under the Clean
                                                  Supreme Court. For purposes of this                     For either manner of submission, the                   Air Act (CAA). The revision consists of
                                                  section, state courts are not courts of                 EPA may publish any comment received                   removing the requirement that sources
                                                  competent jurisdiction.                                 to its public docket. Do not submit                    would have to obtain a PSD permit
                                                  *     *     *     *     *                               electronically any information you                     solely due to its GHG emissions,
                                                    (5) Employment status. * * *                          consider to be Confidential Business                   commonly known as ‘‘Step 2’’ sources.
                                                                                                          Information (CBI) or other information                    On January 2, 2011, GHG emissions
                                                  *     *     *     *     *
                                                                                                          whose disclosure is restricted by statute.             were, for the first time, covered by the
                                                  Ruth Stevenson,                                         Multimedia submissions (audio, video,                  PSD and title V operating permit
                                                  Attorney, Federal Compliance.                           etc.) must be accompanied by a written                 programs. See 75 FR 17004, (April 2,
                                                  [FR Doc. 2018–12858 Filed 6–14–18; 8:45 am]             comment. The written comment is                        2010). To establish a process for phasing
                                                  BILLING CODE 7710–12–P
                                                                                                          considered the official comment and                    in the permitting requirements for
                                                                                                          should include discussion of all points                stationary sources of GHGs under the
                                                                                                          you wish to make. The EPA will                         CAA PSD and title V programs, on June
                                                                                                          generally not consider comments or                     3, 2010, the EPA published a final rule
                                                  ENVIRONMENTAL PROTECTION
                                                                                                          comment contents located outside of the                entitled ‘‘Prevention of Significant
                                                  AGENCY                                                                                                         Deterioration and Title V Greenhouse
                                                                                                          primary submission (i.e., on the web,
                                                  40 CFR Part 52                                          cloud, or other file sharing system). For              Gas Tailoring Rule’’ (hereinafter referred
                                                                                                          additional submission methods, please                  to as the GHG Tailoring Rule). See 75 FR
                                                  [EPA–R01–OAR–2018–0212; FRL–9978–                       contact the person identified in the FOR               31514. In Step 1 of the GHG Tailoring
                                                  97—Region 1]                                                                                                   Rule, which began on January 2, 2011,
                                                                                                          FURTHER INFORMATION CONTACT section.
                                                                                                          For the full EPA public comment policy,                the EPA limited application of PSD and
                                                  Air Plan Approval; Connecticut;                                                                                title V requirements to sources of GHG
                                                  Prevention of Significant Deterioration;                information about CBI or multimedia
                                                                                                          submissions, and general guidance on                   emissions only if they were subject to
                                                  Revisions to the Prevention of                                                                                 PSD or title V ‘‘anyway’’ due to their
                                                  Significant Deterioration Greenhouse                    making effective comments, please visit
                                                                                                          www.epa.gov/dockets/commenting-epa-                    emissions of pollutants other than
                                                  Gas Permitting Authority                                                                                       GHGs. These sources are referred to as
                                                                                                          dockets. Publicly available docket
                                                  AGENCY:  Environmental Protection                       materials are available at                             ‘‘anyway sources.’’ In Step 2 of the GHG
                                                  Agency (EPA).                                           www.regulations.gov or at the U.S.                     Tailoring Rule, which applied as of July
                                                  ACTION: Proposed rule.                                  Environmental Protection Agency, EPA                   1, 2011, the PSD and title V permitting
                                                                                                          New England Regional Office, Office of                 program requirements applied to some
                                                  SUMMARY:   The Environmental Protection                 Ecosystem Protection, Air Quality                      sources that were classified as major
                                                  Agency (EPA) is proposing to approve a                  Planning Unit, 5 Post Office Square—                   sources based solely on their GHG
                                                  State Implementation Plan (SIP)                         Suite 100, Boston, MA. The EPA                         emissions or potential to emit GHGs.
                                                  revision submitted by the State of                      requests that if at all possible, you                  Step 2 also applied PSD permitting
                                                  Connecticut. This revision affects                      contact the contact listed in the FOR                  requirements to modifications of
                                                  provisions applicable to greenhouse                     FURTHER INFORMATION CONTACT section to                 otherwise major sources that would
                                                  gases (GHGs) in the EPA’s Prevention of                 schedule your inspection. The Regional                 increase only GHG emissions above the
                                                  Significant Deterioration (PSD) permit                  Office’s official hours of business are                level in the EPA regulations. EPA
                                                  program. Connecticut requested the                      Monday through Friday, 8:30 a.m. to                    generally described the sources covered
                                                  revision in response to the June 23,                    4:30 p.m., excluding legal holidays.                   by PSD during Step 2 of the GHG
                                                  2014, U.S. Supreme Court’s decision in                                                                         Tailoring Rule as ‘‘Step 2 sources’’ or
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Utility Air Regulatory Group (UARG) v.                                                                         ‘‘GHG-only sources.’’
                                                                                                          Donald Dahl, Air Permits, Toxics, and                     The United States Supreme Court
                                                  EPA and the April 10, 2015, Amended                     Indoor Programs Unit, U.S.
                                                  Judgment by the United States Court of                                                                         invalidated the EPA’s regulation of Step
                                                                                                          Environmental Protection Agency, EPA                   2 sources in Utility Air Regulatory
                                                  Appeals for the District of Columbia                    New England Regional Office, 5 Post
                                                  Circuit (D.C. Circuit) in Coalition for                                                                        Group (UARG) v. EPA, 134 S Ct. 2427
                                                                                                          Office Square—Suite 100, (Mail code                    (2014). In accordance with that
                                                  Responsible Regulation v. EPA. The                      OEP05–2), Boston, MA 02109–3912, tel.
                                                  intended effect of this action is to clarify                                                                   decision, the United States Court of
                                                                                                          (617) 918–1657, email dahl.donald@                     Appeals for the District of Columbia
                                                  that the State’s PSD rules do not require               epa.gov.
                                                  a source to obtain a permit solely                                                                             Circuit vacated the federal regulations
                                                                                                          SUPPLEMENTARY INFORMATION:                             that implemented Step 2 of the GHG
                                                  because the source emits or has the
                                                                                                          Throughout this document whenever                      Tailoring Rule. See Coalition for
                                                  potential to emit (PTE) GHGs: Above the
                                                                                                          ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            Responsible Regulation, Inc. v. EPA, 606
                                                  PSD applicability thresholds for new
                                                                                                          the EPA.                                               Fed. Appx. 6, 7 (D.C. Cir. 2015).
                                                  major sources; or for which there is a
                                                  significant emissions increase from a                   Table of Contents                                      Subsequently, the EPA removed the
                                                  modification. This action is being taken                                                                       vacated elements from its rules. See 80
                                                                                                          I. Background and Purpose
                                                  under the Clean Air Act.                                II. EPA’s Review                                       FR 50199 (August 19, 2015). The EPA
                                                                                                          III. Proposed Action                                   therefore has the authority to approve a
                                                  DATES: Written comments must be
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                                                                                                          IV. Incorporation by Reference                         state’s request to remove Step 2 sources
                                                  received on or before July 16, 2018.                    V. Statutory and Executive Order Reviews               from the SIP.
                                                  ADDRESSES: Submit your comments,
                                                  identified by Docket ID No. EPA–R01–                    I. Background and Purpose                              II. EPA’s Review
                                                  OAR–2018–0212 at                                           On February 28, 2018, the                              Section 110(l) of the CAA states that
                                                  www.regulations.gov, or via email to.                   Connecticut Department of Energy and                   the EPA shall not approve a revision to
                                                  For comments submitted at                               Environmental Protection (CT DEEP)                     the SIP if the revision would interfere
                                                  Regulations.gov, follow the online                      submitted a revision to its State                      with any applicable requirement
                                                  instructions for submitting comments.                   Implementation Plan (SIP) for the                      concerning attainment (of the NAAQS)


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                                                                            Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules                                                 27937

                                                  and reasonable further progress (as                     applicability of GHGs for new major                       • Does not provide the EPA with the
                                                  defined in CAA section 7501) or any                     stationary sources and major                           discretionary authority to address, as
                                                  other requirement of the CAA. The EPA                   modifications. All three state                         appropriate, disproportionate human
                                                  has reviewed the SIP revision and is                    regulations were effective February 8,                 health or environmental effects, using
                                                  proposing to find the revision is                       2018. The EPA has made, and will                       practicable and legally permissible
                                                  consistent with Section 110(l) of the                   continue to make, these documents                      methods, under Executive Order 12898
                                                  CAA.                                                    generally available electronically                     (59 FR 7629, February 16, 1994).
                                                     The EPA’s analysis and rationale for                 through www.regulations.gov and/or in                     In addition, the SIP is not approved
                                                  proposing to approve Connecticut’s SIP                  hard copy at the appropriate EPA office.               to apply on any Indian reservation land
                                                  revision request can be found in the                                                                           or in any other area where the EPA or
                                                  Technical Support Document (TSD)                        V. Statutory and Executive Order                       an Indian tribe has demonstrated that a
                                                  associated with this action. In addition                Reviews                                                tribe has jurisdiction. In those areas of
                                                  to the finding under Section 110(l), the                   Under the Clean Air Act, the                        Indian country, the rule does not have
                                                  EPA reviewed the SIP revision to ensure                 Administrator is required to approve a                 tribal implications and will not impose
                                                  it is consistent with the EPA’s                         SIP submission that complies with the                  substantial direct costs on tribal
                                                  regulations at 40 CFR 51.166, which                     provisions of the Act and applicable                   governments or preempt tribal law as
                                                  contain the requirements for a state’s                  Federal regulations. 42 U.S.C. 7410(k);                specified by Executive Order 13175 (65
                                                  PSD permit program regulations. The                     40 CFR 52.02(a). Thus, in reviewing SIP                FR 67249, November 9, 2000).
                                                  EPA’s May 15, 2018 TSD (which is                        submissions, the EPA’s role is to
                                                                                                                                                                 List of Subjects in 40 CFR Part 52
                                                  included in the docket for this action)                 approve state choices, provided that
                                                  includes the state requirements revised                 they meet the criteria of the Clean Air                  Environmental protection, Air
                                                  or removed, a list of the relevant federal              Act. Accordingly, this proposed action                 pollution control, Carbon monoxide,
                                                  provisions relating to the State’s                      merely approves state law as meeting                   Incorporation by reference,
                                                  revisions, and a description of how each                Federal requirements and does not                      Intergovernmental relations, Lead,
                                                  state provision complies with the                       impose additional requirements beyond                  Nitrogen dioxide, Ozone, Particulate
                                                  federal requirements.                                   those imposed by state law. For that                   matter, Reporting and recordkeeping
                                                     During the EPA’s review, the EPA                     reason, this proposed action:                          requirements, Sulfur oxides, Volatile
                                                  noted that there was a typographical                       • Is not a significant regulatory action            organic compounds.
                                                  error in the certified copy of the                      subject to review by the Office of                       Dated: June 12, 2018.
                                                  regulatory changes Connecticut sent to                  Management and Budget under                            Alexandra Dunn,
                                                  the EPA. The difference between the                     Executive Orders 12866 (58 FR 51735,                   Regional Administrator, EPA Region 1.
                                                  certified copy and the state-adopted                    October 4, 1993) and 13563 (76 FR 3821,                [FR Doc. 2018–12896 Filed 6–14–18; 8:45 am]
                                                  regulations was due to a clerical error.                January 21, 2011);
                                                  Connecticut subsequently submitted a                       • Is not expected to be an Executive                BILLING CODE 6560–50–P

                                                  revised and correct certified copy of the               Order 13771 regulatory action because
                                                  regulatory changes on May 7, 2018.                      this action is not significant under                   ENVIRONMENTAL PROTECTION
                                                  III. Proposed Action                                    Executive Order 12866.                                 AGENCY
                                                                                                             • Does not impose an information
                                                     Based on our analysis, the EPA is                    collection burden under the provisions                 40 CFR Part 52
                                                  proposing to approve the Connecticut                    of the Paperwork Reduction Act (44
                                                  SIP revision, which was submitted on                    U.S.C. 3501 et seq.);                                  [EPA–R03–OAR–2018–0277; FRL–9979–
                                                  February 28, 2018, for the removal of                      • Is certified as not having a                      43—Region 3]
                                                  the requirement that sources must                       significant economic impact on a                       Approval and Promulgation of Air
                                                  obtain a PSD permit based solely on a                   substantial number of small entities                   Quality Implementation Plans;
                                                  source’s GHG emissions. The EPA is                      under the Regulatory Flexibility Act                   Pennsylvania; Removal of Department
                                                  soliciting public comments on the                       (5 U.S.C. 601 et seq.);                                of Environmental Protection Gasoline
                                                  issues discussed in this notice or on                      • Does not contain any unfunded
                                                                                                                                                                 Volatility Requirements for the
                                                  other relevant matters. These comments                  mandate or significantly or uniquely
                                                                                                                                                                 Pittsburgh-Beaver Valley Area
                                                  will be considered before taking final                  affect small governments, as described
                                                  action. Interested parties may                          in the Unfunded Mandates Reform Act                    AGENCY:  Environmental Protection
                                                  participate in the Federal rulemaking                   of 1995 (Pub. L. 104–4);                               Agency (EPA).
                                                  procedure by submitting written                            • Does not have Federalism                          ACTION: Proposed rule.
                                                  comments to this proposed rule by                       implications as specified in Executive
                                                  following the instructions listed in the                Order 13132 (64 FR 43255, August 10,                   SUMMARY:   The Environmental Protection
                                                  ADDRESSES section of this Federal                       1999);                                                 Agency (EPA) proposes to approve a
                                                  Register.                                                  • Is not an economically significant                state implementation plan (SIP) revision
                                                                                                          regulatory action based on health or                   submitted by the Commonwealth of
                                                  IV. Incorporation by Reference                                                                                 Pennsylvania on May 2, 2018. The
                                                                                                          safety risks subject to Executive Order
                                                     In this rule, the EPA is proposing to                13045 (62 FR 19885, April 23, 1997);                   purpose of this SIP revision is to remove
                                                  include in a final EPA rule regulatory                     • Is not a significant regulatory action            from the Pennsylvania SIP, the
                                                  text that includes incorporation by                     subject to Executive Order 13211 (66 FR                Commonwealth’s existing requirements
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                                                  reference. In accordance with                           28355, May 22, 2001);                                  limiting summertime gasoline volatility
                                                  requirements of 1 CFR 51.5, the EPA is                     • Is not subject to requirements of                 to 7.8 pounds per square inch (psi) Reid
                                                  proposing to incorporate revised RSCA                   Section 12(d) of the National                          Vapor Pressure (RVP) in seven counties
                                                  Section 22a–174–3a(a)(1) entitled                       Technology Transfer and Advancement                    in the Pittsburgh-Beaver Valley Area. In
                                                  ‘‘Applicability,’’ RSCA Section 22a–                    Act of 1995 (15 U.S.C. 272 note) because               the Final Rules section of this Federal
                                                  174–3a(j)(1) for when control                           application of those requirements would                Register, EPA is approving the State’s
                                                  technology applies, and RSCA Sections                   be inconsistent with the Clean Air Act;                SIP submittal as a direct final rule
                                                  22a–174–3a(k)(1) and (2) regarding                      and                                                    without prior proposal because the


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Document Created: 2018-11-02 12:01:14
Document Modified: 2018-11-02 12:01:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before July 16, 2018.
ContactDonald Dahl, Air Permits, Toxics, and Indoor Programs 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, tel. (617) 918-1657, email [email protected]
FR Citation83 FR 27936 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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