83_FR_38254 83 FR 38104 - Air Plan Approval; Connecticut; Plan Submittals for the 2008 Ozone National Ambient Air Quality Standards

83 FR 38104 - Air Plan Approval; Connecticut; Plan Submittals for the 2008 Ozone National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 150 (August 3, 2018)

Page Range38104-38109
FR Document2018-16622

The Environmental Protection Agency (EPA) is proposing approval of State Implementation Plan (SIP) revisions submitted by Connecticut which relate to the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The SIP revisions are for the Greater Connecticut and the Connecticut portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT moderate ozone nonattainment areas. EPA is proposing to approve submittals which include 2011 base year emissions inventories, an emissions statement certification, reasonable further progress (RFP) demonstrations, reasonably available control measures (RACM) analyses, motor vehicle emissions budgets, and contingency measures. This action is being taken in accordance with the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 150 (Friday, August 3, 2018)
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38104-38109]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16622]



[[Page 38104]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0168, FRL-9981-37--Region 1]


Air Plan Approval; Connecticut; Plan Submittals for the 2008 
Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of State Implementation Plan (SIP) revisions submitted by 
Connecticut which relate to the 2008 8-hour ozone National Ambient Air 
Quality Standards (NAAQS). The SIP revisions are for the Greater 
Connecticut and the Connecticut portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT moderate ozone nonattainment areas. EPA is 
proposing to approve submittals which include 2011 base year emissions 
inventories, an emissions statement certification, reasonable further 
progress (RFP) demonstrations, reasonably available control measures 
(RACM) analyses, motor vehicle emissions budgets, and contingency 
measures. This action is being taken in accordance with the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before September 4, 
2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2016-0168. All documents in the docket 
are listed on the https://www.regulations.gov website. 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 https://www.regulations.gov and at the U.S. Environmental Protection Agency, 
EPA Region 1 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, Environmental Engineer, 
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), 
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, 
Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046; 
mcconnell.robert@epa.gov.

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

Table of Contents

I. Background
II. Description of State's Submittals
III. Evaluation of State's Submittals
    A. Emissions Statement Certification
    B. 2011 Base Year Emissions Inventory
    C. Reasonable Further Progress Plans
    D. Motor Vehicle Emissions Budgets/Transportation Conformity
    E. Contingency Measures
    F. Reasonably Available Control Measures (RACM) Analysis
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

    On March 12, 2008, the EPA revised both the primary and secondary 
NAAQS for ozone to a level of 0.075 parts per million (ppm) (annual 
fourth-highest daily maximum 8-hour average concentration, averaged 
over three years) to provide increased protection of public health and 
the environment (73 FR 16436, March 27, 2008). The 2008 ozone NAAQS 
retains the same general form and averaging time as the 0.08 ppm NAAQS 
set in 1997, but is set at a more protective level. Under the EPA's 
regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is attained 
when the 3-year average of the annual fourth highest daily maximum 8-
hour average ambient air quality ozone concentrations is less than or 
equal to 0.075 ppm. See 40 CFR 50.15.
    Effective July 20, 2012, the EPA designated as nonattainment any 
area that was violating the 2008 8-hour ozone NAAQS based on the three 
most recent years (2008-2010) of air monitoring data (77 FR 30088, May 
21, 2012). With that rulemaking, the Greater Connecticut area and the 
New York-N. New Jersey-Long Island NY-NJ-CT area were designated as 
marginal ozone nonattainment areas. The latter area is herein referred 
to as the NY-NJ-CT area. Areas that were designated as marginal 
nonattainment were required to attain the 2008 8-hour ozone NAAQS no 
later than July 20, 2015, based on 2012-2014 monitoring data. On May 
14, 2016 (81 FR 26697), the EPA published its determination that the 
Greater Connecticut area and the NY-NJ-CT area had failed to attain the 
2008 8-hour ozone NAAQS by the attainment deadline and the areas were 
reclassified to moderate ozone nonattainment areas. See 40 CFR 81.306. 
Moderate areas are required to attain the 2008 8-hour ozone NAAQS by no 
later than six years after the effective date of designations, or July 
20, 2018. See 40 CFR 51.903.

II. Description of State's Submittals

    Clean Air Act (CAA) section 182 of subpart 2 outlines SIP 
requirements applicable to ozone nonattainment areas in each 
classification category. Moderate area designations trigger additional 
state requirements established under the provisions of the EPA's ozone 
implementation rule for the 2008 8-hour ozone NAAQS (40 CFR part 51, 
subpart AA). Examples of these requirements include submission of a 
modeling and attainment demonstration, a reasonable further progress 
(RFP) plan, controls on stationary sources that represent reasonably 
available control technology (RACT), and a demonstration that all 
reasonably available control measures (RACM) have been adopted. The 
EPA's May 4, 2016 (81 FR 26699) rulemaking established a January 2, 
2017 moderate area SIP revision submission deadline.
    On March 9, 2016, Connecticut submitted a 2011 emissions inventory 
of ozone precursors for all areas of the State. On September 5, 2017, 
Connecticut submitted an emissions statement certification which also 
covered all areas of the State. On January 17, 2017, Connecticut 
submitted SIP revisions for the 2008 ozone NAAQS for the Greater 
Connecticut moderate nonattainment area that included an RFP plan, 
contingency measures for the RFP plan, motor vehicle emissions budgets 
as defined by the RFP plan, and a RACM demonstration. Connecticut made 
a similar submittal on August 8, 2017, for the state's portion of the 
NY-NJ-CT moderate nonattainment area. Although Connecticut's January 
17, 2017 and August 8, 2017 submittals also included attainment 
demonstrations for the 2008 ozone standard, we are not addressing those 
submittals in this proposed rulemaking.

III. Evaluation of State's Submittals

A. Emissions Statement Certification

    EPA's implementation rule for the 2008 ozone NAAQS, herein referred 
to as the 2008 ozone rule, was published in the Federal Register on 
March 6, 2015. See 80 FR 12264. The 2008 ozone rule notes than many 
areas that were nonattainment for the 2008 ozone NAAQS had previously 
adopted an

[[Page 38105]]

emissions statement reporting program due to being nonattainment for a 
prior ozone NAAQS. For these areas, the 2008 ozone rule indicates that 
the state should review its existing rule to see whether it still meets 
the requirements of section 182(a)(3)(B) of the CAA, and if the state 
determines that it does, the state may submit a SIP revision 
certification to that effect to meet this obligation for purposes of 
the 2008 ozone NAAQS.
    On September 5, 2017, Connecticut submitted an emissions statement 
certification which covered all areas of the State. The submittal notes 
that Connecticut had previously adopted an emissions statement program 
pursuant to obligations it had under the one-hour ozone standard, and 
that EPA approved that program into the Connecticut SIP on January 10, 
1995. See 60 FR 2524. Connecticut reviewed its current set of air 
pollution reporting requirements and confirmed that pursuant to its 
authority under the Regulations of Connecticut State Agencies (RCSA) 
22a-174-33, 22a-174-4(d), and 22a-174-3a, all stationary sources of 
volatile organic compounds (VOCs) and/or nitrogen oxides 
(NOX) that emit 25 tons or more a year of those pollutants 
are required to report their emissions, along with a certification as 
to the accuracy of the reported emissions, to the State. Emissions from 
smaller stationary sources that emit less than 25 tons per year of VOC 
and/or NOX are inventoried as area sources within 
Connecticut's emissions inventory, which is described in section III.B 
of this proposal. Given the above, we propose to approve Connecticut's 
emissions statement certification for purposes of the 2008 ozone NAAQS.

B. 2011 Base Year Emissions Inventory

    CAA section 172(c)(3) requires that each SIP include a 
``comprehensive, accurate, current inventory of actual emissions from 
all sources of the relevant pollutant or pollutants in [the] area. . . 
.'' By requiring an accounting of actual emissions from all sources of 
the relevant pollutants in the area, this section provides for the base 
year inventory to include all emissions that contribute to the 
formation of a particular NAAQS pollutant. Additionally, for the 2008 
ozone NAAQS, EPA's March 6, 2015 ozone rule recommended 2011 as a 
baseline year from which emission reductions used to meet RFP 
requirements are creditable.
    On March 9, 2016, Connecticut submitted to EPA as a SIP revision 
request an emissions inventory of ozone precursors for 2011. The 
inventory was submitted to meet the CAA section 182(a)(3)(A) obligation 
to develop a base year inventory, and was also used as the baseline 
year in the State's RFP plans which are described elsewhere in this 
proposal. The State conducted a public comment process on the inventory 
which concluded on August 31, 2015. The inventories include emission 
estimates in tons per summer day, and represent emissions estimates 
from stationary and mobile source categories during a typical summer 
day when ozone formation is highest. The ozone emissions inventory 
catalogs NOX and VOC emissions because these pollutants are 
precursors to ozone formation. Connecticut's 2011 emissions inventory 
contains emission estimates at the county level, and also contains 
emission estimates summed to the geographic areas that correspond to 
the State's two moderate ozone nonattainment areas.
    Connecticut's 2011 emission inventory documents the procedures used 
to estimate emissions from individual stationary sources, referred to 
as point sources. The inventory describes the means by which the State 
identifies facilities that must report their air emissions to the 
State, and the techniques used to verify this information. These 
approaches include verification of information submitted by facilities 
by Connecticut Department of Energy and Environmental Protection (CT 
DEEP) enforcement staff during compliance inspections. Connecticut 
transmits its point source air emissions data to EPA's National 
Emissions Inventory (NEI) database each year in accordance with the 
requirements found within 40 CFR part 51, subpart A.
    Area source emission estimates are made for small, stationary 
sources of air pollution that do not emit much individually, but do 
have significant emissions collectively. Examples include gasoline 
stations, automobile refinishing shops, and architectural and 
industrial maintenance coatings. Connecticut's area source emissions 
inventory identifies the source categories for which the State relied 
upon EPA's estimates, provides information on any adjustments made to 
EPA estimates, and notes which categories' emission estimates were 
prepared by the State. The inventory also explains how double counting 
between emissions from facilities inventoried as individual point 
sources were excluded from the area source emission estimates.
    Connecticut used EPA's Motor Vehicle Emissions Simulator (MOVES) 
model to calculate emissions for on-road and most non-road mobile 
source sectors. The State provided the model with local activity inputs 
including vehicle miles traveled (VMT) and average speed data by county 
provided by the Connecticut Department of Transportation. Connecticut 
also provided inputs to the model which reflect that the State has more 
light-duty vehicles and heavy-duty vehicles than national averages 
would suggest, and provided inputs for meteorology and fuels 
information.
    We propose to find that the air emission estimates for these 
sources were adequately accounted for in Connecticut's 2011 emissions 
inventory. The methodology used to calculate emissions for each source 
category followed relevant EPA guidance, most notably the July 2017 
guidance entitled ``Emissions Inventory Guidanec for Implementation of 
Ozone and Particulate Matter National Ambient Air Quality Standards and 
Regional Haze Regulations,'' used appropriate, documented emission 
factors, or relied on emission estimates prepared for EPA's National 
Emissions Inventory. Furthermore, the inventory submittal is 
sufficiently documented as to the techniques used to prepare the 
emission estimates.
    Table 1 shows the emissions by source category, in tons per summer 
day (tpsd), from the 2011 base year emission inventory for each of the 
State's two nonattainment areas.

                   Table 1--Emissions Inventory Summary for Connecticut's Nonattainment Areas
                                                [Tons/summer day]
----------------------------------------------------------------------------------------------------------------
                                                    CT portion of NY-NJ-CT area           Greater CT area
                     Source                      ---------------------------------------------------------------
                                                        VOC             NOX             VOC             NOX
----------------------------------------------------------------------------------------------------------------
Point...........................................             2.0            18.5             1.3            10.0
Area............................................            52.7             6.9            48.5             6.2
Nonroad.........................................            41.8            32.5            37.0            36.1

[[Page 38106]]

 
Onroad..........................................            33.4            64.6            30.3            55.8
Biogenic........................................           141.4             0.7           283.7             1.7
                                                 ---------------------------------------------------------------
    Totals......................................           271.3           123.3           400.7           109.8
----------------------------------------------------------------------------------------------------------------

    Additional details regarding Connecticut's emissions inventory are 
included in Connecticut's 2011 Periodic Emissions Inventory document, 
which is available in the docket for this proposed rulemaking. The 
inventories are based on the most current and accurate information 
available to the State at the time it was being developed. 
Additionally, the inventories comprehensively address all source 
categories in Connecticut's nonattainment areas and were developed 
consistent with the relevant EPA inventory guidance. For these reasons, 
we are proposing to approve the 2011 baseline emissions inventories 
into the Connecticut SIP as meeting the requirements of CAA section 
172(c)(3).

C. Reasonable Further Progress Plans

    Section 182(b)(1) of the CAA and the EPA's 2008 Ozone 
Implementation Rule requires that State's submit a reasonable further 
progress (RFP) demonstration for each 8-hour ozone nonattainment area 
designated moderate and above, for review and approval into its SIP, 
that describes how the area will achieve actual emissions reductions of 
VOC and NOX from a baseline emissions inventory. Section 
182(b)(1) of the CAA requires RFP to demonstrate a 15% reduction in VOC 
emissions before the more general RFP requirements of section 172(c)(2) 
of the CAA apply, which permits a combination of VOC and NOX 
emission reductions to show RFP. Connecticut has previously submitted 
15% VOC-only RFP SIPs under section 182(b)(1), due to nonattainment 
obligations it had under the one-hour ozone standard. Therefore, for 
purposes of the 2008 ozone standard, Connecticut submitted RFP 
demonstrations for its two moderate nonattainment areas showing VOC and 
NOX emission reductions greater than 15% within six years 
after the 2011 base year inventory (between 2012-2017). Note that we 
are only proposing action on the RFP plan for Connecticut portion of 
the NY-NJ-CT area.
    Connecticut chose to demonstrate that RFP was achieved between the 
2011 baseline year and the 2017 target year by showing that 
NOX emissions would decline by at least 10%, and VOC 
emissions by at least 5%, within each of its nonattainment areas. 
Connecticut updated its 2011 emission estimates for use within the RFP 
baseline inventory by using the most recently available version of 
EPA's MOVES model, MOVES 2014a, for the calculation of on-road and non-
road mobile source emissions. Additionally, Connecticut accounted for 
emissions available for use as emissions offsets held within its 
emissions offset bank within the RFP analysis. Connecticut relied 
primarily on the emissions projection work it had developed and 
submitted to the Mid-Atlantic Regional Air Management Association 
(MARAMA) for their effort to develop a 2017 modeling platform. The 
projection of emissions from electrical generating units (EGUs) was 
accomplished using a forecasting tool developed by the Eastern Regional 
Technical Advisory Group (ERTAC). We reviewed these projections during 
the public comment period that Connecticut held for its RFP plans and 
found that the ERTAC EGU emissions forecasts produced reasonable 
results for facilities in the State.
    Table 2 below contains a summary of the 2011 RFP baseline 
inventory, 2017 target levels incorporating the 5% VOC and 10% 
NOX emission reductions, and 2017 projected, controlled 
emissions for the Greater Connecticut and the Connecticut portion of 
the NY-NJ-CT nonattainment areas. Connecticut's RFP analysis for its 
two moderate nonattainment areas shows that projected, controlled VOC 
and NOX emissions in 2017 will be well below the emission 
target levels, thereby demonstrating that RFP has been met.

  Table 2--Summary of RFP Calculations for CT's Two Nonattainment Areas
------------------------------------------------------------------------
                                   VOC  emissions    NOX emissions (tons/
          Description            (tons/summer day)       summer day)
------------------------------------------------------------------------
RFP Baseline inventory:
    Gr. CT area...............                106.1                 91.9
    CT portion of NY-NJ-CT                    115.6                115.1
     area.....................
2017 target level of
 emissions:
    Gr. CT area...............                100.8                 82.7
    CT portion of NY-NJ-CT                    109.8                103.6
     area.....................
2017 projected, controlled
 emissions:
    Gr. CT area...............                 84.6                 56.4
    CT portion of NY-NJ-CT                     92.3                 71.3
     area.....................
------------------------------------------------------------------------

    RFP plans must include a motor vehicle emissions budget (MVEB), 
which provides the allowable on-road mobile emissions an area can 
produce and continue to demonstrate RFP. The State's RFP plans included 
MVEBs for both nonattainment areas for the year 2017. The MVEBs are 
discussed in detail in Section III.D of this document.

D. Motor Vehicle Emissions Budgets/Transportation Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means conformity

[[Page 38107]]

to an implementation plan's purpose of eliminating or reducing the 
severity and number of violations of the NAAQS and achieving 
expeditious attainment of the NAAQS, and that transportation activities 
will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS (CAA 176(c)(1)(A) 
and (B)). The EPA's conformity rule at 40 CFR part 93, subpart A 
requires that transportation plans, programs and projects conform to 
SIPs and establishes the criteria and procedures for determining 
whether or not they conform. To effectuate its purpose, the conformity 
rule requires a demonstration that emissions from the Metropolitan 
Planning Organization's (MPO) Regional Transportation Plan (RTP) and 
the Transportation Improvement Program (TIP) are consistent with the 
motor vehicle emission budget (MVEB) contained in the control strategy 
SIP revision or maintenance plan (40 CFR 93.101, 93.118, and 93.124). 
The MVEBs are defined in 40 CFR 93.101 as the level of mobile source 
emissions of a pollutant, of the total allowable emissions, defined in 
the SIP for a certain date, for the purpose of demonstrating attainment 
or maintenance of the NAAQS or for meeting reasonable further progress 
milestones.\1\
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    \1\ Further information concerning EPA's interpretations 
regarding MVEBs can be found in the preamble to EPA's November 24, 
1993, transportation conformity rule. See 58 FR 62193-62196.
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    The RFP plans submitted by Connecticut are control strategy SIPs, 
and they contain 2017 motor vehicle budgets for VOCs and NOX 
by nonattainment area. Table 3 contains these VOC and NOX 
transportation conformity budgets in units of tons per summer day.

        Table 3--Conformity Budgets in the Connecticut RFP Plans
------------------------------------------------------------------------
                                          2017 Transportation conformity
                                                budgets [tons/day]
                Area name                -------------------------------
                                                VOC             NOX
------------------------------------------------------------------------
Greater Connecticut.....................            15.9            22.2
CT portion of NY-NJ-CT area.............            17.6            24.6
------------------------------------------------------------------------

    EPA issued a letter on March 20, 2017 to Connecticut in which we 
stated that the budgets for the Greater Connecticut area were adequate 
for use in transportation conformity determinations. Additionally, EPA 
published an announcement of this adequacy finding in the Federal 
Register on May 31, 2017. See 82 FR 24859. We did not make an adequacy 
finding for the Connecticut portion of the NY-NJ-CT area; however, this 
action serves to notify the public that EPA is reviewing for adequacy 
the MVEBs, contained in the RFP plan for the Connecticut portion of the 
NY-NJ-CT area, simultaneously with our proposed approval of the RFP 
plan as required by 40 CFR part 93.118(f)(2). In this action, we are 
proposing approval of the 2008 conformity budgets for VOC and 
NOX for the areas shown in Table 3 above.

E. Contingency Measures

    Pursuant to section 172(c)(9) of the CAA, nonattainment plan 
provisions must provide for the implementation of contingency measures. 
These are specific measures to be undertaken if a nonattainment area 
fails to make RFP, or to attain the national primary ambient air 
quality standard by the applicable attainment date. Such contingency 
measures shall take effect without further action by the state or the 
EPA. While the CAA does not specify the type of measures or quantity of 
emissions reductions required, the EPA has interpreted the CAA to mean 
that implementation of these contingency measures would provide 
additional emissions reductions of up to 3% (or a lesser percentage 
that will make up the identified shortfall) in the year following the 
RFP milestone year. Contingency measures could include federal measures 
and local measures already scheduled for implementation, as long as 
their emission reductions are beyond those needed for attainment or to 
meet RFP. The CAA does not preclude a state from implementing such 
measures before they are triggered by a failure to meet RFP. For more 
information on contingency measures, see the April 16, 1992 General 
Preamble (57 FR 13498, 13510) and the 2008 ozone rule (80 FR 12264, 
12285).
    Connecticut provided NOX emissions reductions in excess 
of those needed for RFP as contingency measures. Table 2 above 
illustrates the magnitude of the excess emission reductions achieved by 
Connecticut's RFP plans. For example, within the Greater Connecticut 
nonattainment area, the projected, controlled NOX emissions 
in 2017 of 56.4 tons/day are 32% below the area's NOX target 
of 82.7 tons/day. Given that Connecticut established the 2017 
NOX emissions target by factoring in a 10% reduction in 
emissions, the additional 32% reduction in NOX emissions is 
more than adequate to cover the 3% reduction in emissions needed to 
satisfy the area's contingency measure obligation. Similarly, for the 
Connecticut portion of the NY-NJ-CT area, the projected, controlled 
NOX emissions in 2017 of 71.3 tons/day are 31% below the 
area's NOX target of 103.6 tons day, therby providing a 
sufficient surplus to cover that area's contingency measure obligation. 
Connecticut's contingency measure analysis notes that the State chose 
to use NOX emission reductions from federal non-road engine 
standards occurring between 2012 and 2017, which form a part of the 
large overall NOX emission reduction surplus, as contingency 
measures. Emission reductions realized as newer, lower emitting 
equipment replace older, higher emitting equipment carry forward into 
the future and will continue to reduce emissions after 2017.
    The purpose of the contingency measures is to provide for further 
emission reductions to make up the shortfall needed for RFP or for 
attainment, during the period in which the State and the EPA determine 
whether the nonattainment plan for the area needs further revision to 
achieve the NAAQS expeditiously.\2\ The appropriateness of relying on 
already-implemented reductions to meet the contingency measures 
requirement has been addressed in two federal circuit court decisions. 
See Louisiana Environmental Action Network (LEAN) v. EPA, 382 F.3d 575, 
586 (5th Cir. 2004), Bahr v. United States EPA, 836

[[Page 38108]]

F.3d 1218 (9th Cir. 2016), cert. denied, 199 L. Ed. 2d 525, 2018 U.S. 
LEXIS 58 (January 8, 2018). The EPA believes that the language of 
section 172(c)(9) and 182(c)(9) is ambiguous with respect to this 
issue, and that it is reasonable for the agency to interpret the 
statutory language to allow approval of already implemented measures as 
contingency measures, so long as they meet other parameters such as 
providing excess emissions reductions that the state has not relied 
upon to make RFP or for attainment in the nonattainment plan for the 
NAAQS at issue. Until the Bahr decision, under the EPA's longstanding 
interpretation of CAA section 172(c)(9) and 182(c)(9), states could 
rely on control measures that were already implemented (so called 
early-triggered contingency measures) as a valid means to meet the 
Act's contingency measures requirement. The Ninth Circuit decision in 
Bahr leaves a split among the federal circuit courts, with the Fifth 
Circuit upholding the Agency's interpretation of section 172(c)(9) to 
allow early-triggered contingency measures and the Ninth Circuit 
rejecting that interpretation. The Second Circuit in which Connecticut 
is located has not addressed the issue, nor has the Supreme Court or 
any other circuit court other than the Fifth and Ninth.
---------------------------------------------------------------------------

    \2\ See General Preamble, section III.A.3.c (57 FR 13498 at 
13511).
---------------------------------------------------------------------------

    Because there is a split in the federal circuits on this issue, the 
EPA expects that states located in circuits other than the Ninth may 
elect to rely on EPA's longstanding interpretation of section 172(c)(9) 
allowing early-triggered measures to be approved as contingency 
measures, in appropriate circumstances. EPA's revised Regional 
Consistency regulations pertaining to SIP provisions authorize the 
Agency to follow this interpretation of section 172(c)(9) in Circuits 
other than the Ninth. See 40 CFR part 56. To ensure that early-
triggered contingency measures appropriately satisfy all other relevant 
CAA requirements, the EPA will carefully review each such measure, and 
intends to consult with states considering such measures early in the 
attainment plan development process.
    As shown in Table 2 above, the emissions reductions projected 
through 2017 are sufficient to meet the requirements for contingency 
measures, consistent with the EPA's interpretation of the CAA to allow 
approval of already implemented control measures as contingency 
measures in states outside the Ninth Circuit. Therefore, we propose 
approval of Connecticut's RFP contingency measures.

F. Reasonably Available Control Measures (RACM) Analysis

    Connecticut submitted a demonstration that its two moderate 
nonattainment areas have adopted all RACM necessary to demonstrate 
attainment as expeditiously as practicable as required by CAA section 
172(c)(1) and 40 CFR 51.912(d). The EPA interprets the CAA RACM 
provision to require a demonstration that: (1) The state has adopted 
all reasonable measures (including RACT) to meet RFP requirements and 
to demonstrate attainment as expeditiously as possible, and (2) no 
additional measures that are reasonably available will advance the 
attainment date or contribute to RFP for the area. States should 
consider all available measures, including those being implemented in 
other areas, but must adopt measures for an area only if those measures 
are economically and technologically feasible and will advance the 
attainment date or are necessary for RFP.
    The EPA has previously provided guidance interpreting the RACM 
requirements of section 172(c)(1). See the ``General Preamble for 
Implementation of Title I of the CAA of 1990'' (General Preamble), 57 
FR 13498, 13560 (April 16, 1992). In that preamble, the EPA stated that 
potentially available measures that would not advance the attainment 
date for an area would not be considered RACM. The EPA also indicated 
in the General Preamble that states should consider all potentially 
available measures to determine whether they were reasonably available 
for implementation in the area, and whether they would advance the 
attainment date. Further, the General Preamble indicates that states 
should provide in the SIP submittals a discussion of whether the 
measures considered are reasonably available or not. If the measures 
are reasonably available, they must be adopted as RACM. Finally, the 
EPA indicated that states could reject potential RACM either because 
they would not advance the attainment date or would cause substantial 
widespread and long-term adverse impacts. States could also consider 
local conditions, such as economics or implementation concerns, in 
rejecting potential RACM. On November 30, 1999, John S. Seitz, 
Director, Office of Air Quality Planning and Standards, issued a 
memorandum on this topic, ``Guidance on the Reasonably Available 
Control Measures (RACM) Requirement and Attainment Demonstration 
Submissions for Ozone Nonattainment Areas'' which reiterated the CAA 
RACM requirements and elaborated on the General Preamble.
    To demonstrate that the area meets the RACM requirement, 
Connecticut described its current regulatory structure limiting ozone 
precursor emissions, which stems back to the 1980s, and evaluated the 
likelihood of additional measures being adopted that would advance the 
date of attainment for the 2008 ozone standard. Connecticut notes that 
stationary and mobile sources of VOC and NOX are well-
controlled in the State as a result of numerous state and federal 
measures that have or will soon be implemented to reduce in-state 
emissions of ozone precursors. Connecticut's submittal mentions that, 
with regard to major stationary sources, reasonable available control 
technology (RACT) is considered a subset of RACM. Stationary sources of 
VOC and NOX have been subject to RACT requirements for 
several decades in light of the State's nonattainment status for 
earlier ozone standards, and we recently approved Connecticut's RACT 
certification for the 2008 ozone NAAQS along with several regulatory 
updates that strengthened requirements for sources of NOX. 
See 82 FR 35454; July 31, 2017. Connecticut concludes that its state 
regulations adopted to meet RACT, except for the most recent updates to 
NOX requirements approved in our July 31, 2017 approval 
which have an effective date that does not occur in time to advance the 
attainment date for the 2008 ozone NAAQS, represent RACM for major 
sources.
    Regarding other stationary sources of ozone precursor emissions, 
Connecticut notes that its participation in the Ozone Transport 
Commission (OTC) has, among other things, resulted in the state's 
adoption of a number of regulations limiting emissions from stationary, 
non-major sources of ozone precursor emissions. In particular, 
Connecticut notes that as part of its attainment planning process to 
meet the 1997 ozone standard, the state adopted regulations recommended 
by the OTC that included regulations limiting emissions from consumer 
and commercial products, architectural and industrial maintenance 
coatings, asphalt paving operations, pressure-vacuum vent valves at 
gasoline stations, and limits on VOC emissions used by solvent cleaning 
operations. Connecticut adopted these regulations jointly with other 
OTC states as a means of implementing effective controls at the 
regional level, but acknowledged that none of these measures, 
implemented by Connecticut alone, would be sufficient to advance 
attainment by one

[[Page 38109]]

year or more. Connecticut considers its analysis of RACM for the 1997 
ozone NAAQS to largely suffice for the 2008 ozone NAAQS, but did 
perform an additional review to explore whether RACM for non-major 
stationary sources exist. This review found that ancillary 
NOX emission reductions that are being achieved by a 
regional haze measure, a reduction of the level of sulfur allowed in 
distillate and residual fuel oil, qualify as a RACM measure. 
Connecticut will implement this regulation in two phases, with Phase 1 
having become effective on July 1, 2014. The Phase 2 portion of the 
regulation does not become effective until July 1, 2018, are therefore 
is not considered RACM.
    Regarding mobile source emission reductions, Connecticut evaluated 
the impact of a number of mobile source initiatives, including 
transportation control measures, to evaluate their effectiveness at 
reducing ozone precursor emissions. Specifically, Connecticut's RACM 
analysis included a summary of the emission reductions achieved by the 
Federal Highway Administration's Congestion Mitigation and Air Quality 
(CMAQ) program, as funds from this program are used, in part, to 
improve traffic congestion, which in turn reduces emissions from on-
road vehicles. For example, Table 6.2 of Connecticut's attainment 
demonstration submittal for the Greater Connecticut area shows the 
anticipated VOC and NOX emission reductions from specific 
transportation projects. The measures in Table 6.2 are expected to 
reduce ozone precursor emissions in Connecticut by less than 1%, and 
are therefore not considered to be RACM because they are not large 
enough to advance the attainment date by at least one year. Other 
mobile source measures, such as the Lawn Equipment Exchange Fund, 
reductions from the Diesel Emissions Reduction Act funding, Smartway, 
and EVConnecticut, were all found to provide meaningful reductions, but 
none were determined to advance the attainment date and therefore are 
not considered to be RACM.
    The RACM analysis presented by CT DEEP did not identify any new 
measures that would have substantially advanced the area's achievement 
of the 2008 ozone NAAQS, and the State notes that atmospheric transport 
from upwind areas on most high ozone days overwhelms the ability of CT 
DEEP to significantly advance Connecticut's attainment date solely with 
in-state control strategies. In addition, Connecticut notes that EPA's 
recently finalized bump-up process provided little time to adopt and 
implement additional RACM candidate measures prior to the 2016 ozone 
season, which would need to occur to advance the attainment date by one 
year.
    Connecticut evaluated all source categories that could contribute 
meaningful emission reductions and identified and evaluated an 
extensive list of potential control measures. The State considered the 
time needed to develop and adopt regulations and the time it would take 
to see the benefit from these measures to determine their 
reasonableness and availability. We agree that Connecticut has adopted 
all RACM for it's two moderate nonattainment areas. Therefore, we are 
proposing to approve Connecticut's RACM SIPs prepared for the State's 
two moderate nonattainment areas.

IV. Proposed Action

    We are proposing to approve SIP submittals from the State of 
Connecticut for the 2008 ozone NAAQS for the Greater Connecticut 
moderate nonattainment area, and for the Connecticut portion of the New 
York-N. New Jersey-Long Island NY-NJ-CT moderate nonattainment area. 
Specifically, we are proposing to approve the following:
     An emission statement certification;
     2011 base year emission inventories;
     RFP demonstrations;
     Motor vehicle emissions budgets;
     Contingency measures; and
     Demonstration of RACM implementation.

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. See 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 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);
     This action 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 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).

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: July 31, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-16622 Filed 8-2-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                38104                    Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules

                                                ENVIRONMENTAL PROTECTION                                FOR FURTHER INFORMATION CONTACT:         Bob          had failed to attain the 2008 8-hour
                                                AGENCY                                                  McConnell, Environmental Engineer,                    ozone NAAQS by the attainment
                                                                                                        Air Quality Planning Unit, Air Programs               deadline and the areas were reclassified
                                                40 CFR Part 52                                          Branch (Mail Code OEP05–02), U.S.                     to moderate ozone nonattainment areas.
                                                                                                        Environmental Protection Agency,                      See 40 CFR 81.306. Moderate areas are
                                                [EPA–R01–OAR–2016–0168, FRL–9981–                       Region 1, 5 Post Office Square, Suite                 required to attain the 2008 8-hour ozone
                                                37—Region 1]                                            100, Boston, Massachusetts 02109–3912;                NAAQS by no later than six years after
                                                                                                        (617) 918–1046; mcconnell.robert@                     the effective date of designations, or July
                                                Air Plan Approval; Connecticut; Plan                    epa.gov.                                              20, 2018. See 40 CFR 51.903.
                                                Submittals for the 2008 Ozone National                  SUPPLEMENTARY INFORMATION:
                                                Ambient Air Quality Standards                                                                                 II. Description of State’s Submittals
                                                                                                        Throughout this document whenever
                                                                                                        ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean              Clean Air Act (CAA) section 182 of
                                                AGENCY:  Environmental Protection                                                                             subpart 2 outlines SIP requirements
                                                Agency (EPA).                                           EPA.
                                                                                                                                                              applicable to ozone nonattainment areas
                                                ACTION: Proposed rule.                                  Table of Contents                                     in each classification category. Moderate
                                                                                                        I. Background                                         area designations trigger additional state
                                                SUMMARY:   The Environmental Protection                 II. Description of State’s Submittals                 requirements established under the
                                                Agency (EPA) is proposing approval of                   III. Evaluation of State’s Submittals                 provisions of the EPA’s ozone
                                                State Implementation Plan (SIP)                            A. Emissions Statement Certification               implementation rule for the 2008 8-hour
                                                revisions submitted by Connecticut                         B. 2011 Base Year Emissions Inventory              ozone NAAQS (40 CFR part 51, subpart
                                                which relate to the 2008 8-hour ozone                      C. Reasonable Further Progress Plans               AA). Examples of these requirements
                                                National Ambient Air Quality Standards                     D. Motor Vehicle Emissions Budgets/
                                                                                                              Transportation Conformity                       include submission of a modeling and
                                                (NAAQS). The SIP revisions are for the                                                                        attainment demonstration, a reasonable
                                                                                                           E. Contingency Measures
                                                Greater Connecticut and the                                                                                   further progress (RFP) plan, controls on
                                                                                                           F. Reasonably Available Control Measures
                                                Connecticut portion of the New York-                          (RACM) Analysis                                 stationary sources that represent
                                                Northern New Jersey-Long Island, NY-                    IV. Proposed Action                                   reasonably available control technology
                                                NJ-CT moderate ozone nonattainment                      V. Statutory and Executive Order Reviews              (RACT), and a demonstration that all
                                                areas. EPA is proposing to approve                                                                            reasonably available control measures
                                                submittals which include 2011 base                      I. Background
                                                                                                                                                              (RACM) have been adopted. The EPA’s
                                                year emissions inventories, an                             On March 12, 2008, the EPA revised                 May 4, 2016 (81 FR 26699) rulemaking
                                                emissions statement certification,                      both the primary and secondary NAAQS                  established a January 2, 2017 moderate
                                                reasonable further progress (RFP)                       for ozone to a level of 0.075 parts per               area SIP revision submission deadline.
                                                demonstrations, reasonably available                    million (ppm) (annual fourth-highest                     On March 9, 2016, Connecticut
                                                control measures (RACM) analyses,                       daily maximum 8-hour average                          submitted a 2011 emissions inventory of
                                                motor vehicle emissions budgets, and                    concentration, averaged over three                    ozone precursors for all areas of the
                                                contingency measures. This action is                    years) to provide increased protection of
                                                                                                                                                              State. On September 5, 2017,
                                                being taken in accordance with the                      public health and the environment (73
                                                                                                                                                              Connecticut submitted an emissions
                                                Clean Air Act (CAA).                                    FR 16436, March 27, 2008). The 2008
                                                                                                                                                              statement certification which also
                                                DATES: Written comments must be
                                                                                                        ozone NAAQS retains the same general
                                                                                                                                                              covered all areas of the State. On
                                                received on or before September 4,                      form and averaging time as the 0.08
                                                                                                                                                              January 17, 2017, Connecticut submitted
                                                2018.                                                   ppm NAAQS set in 1997, but is set at
                                                                                                                                                              SIP revisions for the 2008 ozone
                                                                                                        a more protective level. Under the EPA’s
                                                ADDRESSES:    EPA has established a                                                                           NAAQS for the Greater Connecticut
                                                                                                        regulations at 40 CFR part 50, the 2008
                                                docket for this action under Docket                                                                           moderate nonattainment area that
                                                                                                        8-hour ozone NAAQS is attained when
                                                Identification No. EPA–R01–OAR–                                                                               included an RFP plan, contingency
                                                                                                        the 3-year average of the annual fourth
                                                2016–0168. All documents in the docket                                                                        measures for the RFP plan, motor
                                                                                                        highest daily maximum 8-hour average
                                                are listed on the https://                                                                                    vehicle emissions budgets as defined by
                                                                                                        ambient air quality ozone
                                                www.regulations.gov website. Although                                                                         the RFP plan, and a RACM
                                                                                                        concentrations is less than or equal to
                                                listed in the index, some information is                                                                      demonstration. Connecticut made a
                                                                                                        0.075 ppm. See 40 CFR 50.15.
                                                not publicly available, i.e., CBI or other                 Effective July 20, 2012, the EPA                   similar submittal on August 8, 2017, for
                                                information whose disclosure is                         designated as nonattainment any area                  the state’s portion of the NY-NJ-CT
                                                restricted by statute. Certain other                    that was violating the 2008 8-hour                    moderate nonattainment area. Although
                                                material, such as copyrighted material,                 ozone NAAQS based on the three most                   Connecticut’s January 17, 2017 and
                                                is not placed on the internet and will be               recent years (2008–2010) of air                       August 8, 2017 submittals also included
                                                publicly available only in hard copy                    monitoring data (77 FR 30088, May 21,                 attainment demonstrations for the 2008
                                                form. Publicly available docket                         2012). With that rulemaking, the Greater              ozone standard, we are not addressing
                                                materials are available at https://                     Connecticut area and the New York-N.                  those submittals in this proposed
                                                www.regulations.gov and at the U.S.                     New Jersey-Long Island NY-NJ-CT area                  rulemaking.
                                                Environmental Protection Agency, EPA                    were designated as marginal ozone                     III. Evaluation of State’s Submittals
                                                Region 1 Office, Office of Ecosystem                    nonattainment areas. The latter area is
                                                Protection, Air Quality Planning Unit, 5                herein referred to as the NY-NJ-CT area.              A. Emissions Statement Certification
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                                                Post Office Square, Suite 100, Boston,                  Areas that were designated as marginal                  EPA’s implementation rule for the
                                                MA. EPA requests that if at all possible,               nonattainment were required to attain                 2008 ozone NAAQS, herein referred to
                                                you contact the contact listed in the FOR               the 2008 8-hour ozone NAAQS no later                  as the 2008 ozone rule, was published
                                                FURTHER INFORMATION CONTACT section to                  than July 20, 2015, based on 2012–2014                in the Federal Register on March 6,
                                                schedule your inspection. The Regional                  monitoring data. On May 14, 2016 (81                  2015. See 80 FR 12264. The 2008 ozone
                                                Office’s official hours of business are                 FR 26697), the EPA published its                      rule notes than many areas that were
                                                Monday through Friday, 8:30 a.m. to                     determination that the Greater                        nonattainment for the 2008 ozone
                                                4:30 p.m., excluding legal holidays.                    Connecticut area and the NY-NJ-CT area                NAAQS had previously adopted an


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                                                                                   Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules                                                               38105

                                                emissions statement reporting program                                        particular NAAQS pollutant.                                     emissions collectively. Examples
                                                due to being nonattainment for a prior                                       Additionally, for the 2008 ozone                                include gasoline stations, automobile
                                                ozone NAAQS. For these areas, the 2008                                       NAAQS, EPA’s March 6, 2015 ozone                                refinishing shops, and architectural and
                                                ozone rule indicates that the state                                          rule recommended 2011 as a baseline                             industrial maintenance coatings.
                                                should review its existing rule to see                                       year from which emission reductions                             Connecticut’s area source emissions
                                                whether it still meets the requirements                                      used to meet RFP requirements are                               inventory identifies the source
                                                of section 182(a)(3)(B) of the CAA, and                                      creditable.                                                     categories for which the State relied
                                                if the state determines that it does, the                                       On March 9, 2016, Connecticut                                upon EPA’s estimates, provides
                                                state may submit a SIP revision                                              submitted to EPA as a SIP revision                              information on any adjustments made to
                                                certification to that effect to meet this                                    request an emissions inventory of ozone                         EPA estimates, and notes which
                                                obligation for purposes of the 2008                                          precursors for 2011. The inventory was                          categories’ emission estimates were
                                                ozone NAAQS.                                                                 submitted to meet the CAA section                               prepared by the State. The inventory
                                                   On September 5, 2017, Connecticut                                         182(a)(3)(A) obligation to develop a base                       also explains how double counting
                                                submitted an emissions statement                                             year inventory, and was also used as the                        between emissions from facilities
                                                certification which covered all areas of                                     baseline year in the State’s RFP plans                          inventoried as individual point sources
                                                the State. The submittal notes that                                          which are described elsewhere in this                           were excluded from the area source
                                                Connecticut had previously adopted an                                        proposal. The State conducted a public                          emission estimates.
                                                emissions statement program pursuant                                         comment process on the inventory                                   Connecticut used EPA’s Motor
                                                to obligations it had under the one-hour                                     which concluded on August 31, 2015.                             Vehicle Emissions Simulator (MOVES)
                                                ozone standard, and that EPA approved                                        The inventories include emission                                model to calculate emissions for on-road
                                                that program into the Connecticut SIP                                        estimates in tons per summer day, and                           and most non-road mobile source
                                                on January 10, 1995. See 60 FR 2524.                                         represent emissions estimates from                              sectors. The State provided the model
                                                Connecticut reviewed its current set of                                      stationary and mobile source categories                         with local activity inputs including
                                                air pollution reporting requirements and                                     during a typical summer day when                                vehicle miles traveled (VMT) and
                                                confirmed that pursuant to its authority                                     ozone formation is highest. The ozone                           average speed data by county provided
                                                under the Regulations of Connecticut                                         emissions inventory catalogs NOX and                            by the Connecticut Department of
                                                State Agencies (RCSA) 22a–174–33,                                            VOC emissions because these pollutants                          Transportation. Connecticut also
                                                22a–174–4(d), and 22a–174–3a, all                                            are precursors to ozone formation.                              provided inputs to the model which
                                                stationary sources of volatile organic                                       Connecticut’s 2011 emissions inventory                          reflect that the State has more light-duty
                                                compounds (VOCs) and/or nitrogen                                             contains emission estimates at the                              vehicles and heavy-duty vehicles than
                                                oxides (NOX) that emit 25 tons or more                                       county level, and also contains emission                        national averages would suggest, and
                                                a year of those pollutants are required                                      estimates summed to the geographic                              provided inputs for meteorology and
                                                to report their emissions, along with a                                      areas that correspond to the State’s two                        fuels information.
                                                certification as to the accuracy of the                                      moderate ozone nonattainment areas.                                We propose to find that the air
                                                reported emissions, to the State.                                               Connecticut’s 2011 emission                                  emission estimates for these sources
                                                Emissions from smaller stationary                                            inventory documents the procedures                              were adequately accounted for in
                                                sources that emit less than 25 tons per                                      used to estimate emissions from                                 Connecticut’s 2011 emissions inventory.
                                                year of VOC and/or NOX are inventoried                                       individual stationary sources, referred                         The methodology used to calculate
                                                as area sources within Connecticut’s                                         to as point sources. The inventory                              emissions for each source category
                                                emissions inventory, which is described                                      describes the means by which the State                          followed relevant EPA guidance, most
                                                in section III.B of this proposal. Given                                     identifies facilities that must report their                    notably the July 2017 guidance entitled
                                                the above, we propose to approve                                             air emissions to the State, and the                             ‘‘Emissions Inventory Guidanec for
                                                Connecticut’s emissions statement                                            techniques used to verify this                                  Implementation of Ozone and
                                                certification for purposes of the 2008                                       information. These approaches include                           Particulate Matter National Ambient Air
                                                ozone NAAQS.                                                                 verification of information submitted by                        Quality Standards and Regional Haze
                                                                                                                             facilities by Connecticut Department of                         Regulations,’’ used appropriate,
                                                B. 2011 Base Year Emissions Inventory                                        Energy and Environmental Protection                             documented emission factors, or relied
                                                  CAA section 172(c)(3) requires that                                        (CT DEEP) enforcement staff during                              on emission estimates prepared for
                                                each SIP include a ‘‘comprehensive,                                          compliance inspections. Connecticut                             EPA’s National Emissions Inventory.
                                                accurate, current inventory of actual                                        transmits its point source air emissions                        Furthermore, the inventory submittal is
                                                emissions from all sources of the                                            data to EPA’s National Emissions                                sufficiently documented as to the
                                                relevant pollutant or pollutants in [the]                                    Inventory (NEI) database each year in                           techniques used to prepare the emission
                                                area. . . .’’ By requiring an accounting                                     accordance with the requirements found                          estimates.
                                                of actual emissions from all sources of                                      within 40 CFR part 51, subpart A.                                  Table 1 shows the emissions by
                                                the relevant pollutants in the area, this                                       Area source emission estimates are                           source category, in tons per summer day
                                                section provides for the base year                                           made for small, stationary sources of air                       (tpsd), from the 2011 base year emission
                                                inventory to include all emissions that                                      pollution that do not emit much                                 inventory for each of the State’s two
                                                contribute to the formation of a                                             individually, but do have significant                           nonattainment areas.

                                                                              TABLE 1—EMISSIONS INVENTORY SUMMARY FOR CONNECTICUT’S NONATTAINMENT AREAS
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                                                                                                                                                  [Tons/summer day]

                                                                                                                                                                          CT portion of NY-NJ-CT area           Greater CT area
                                                                                                     Source
                                                                                                                                                                                VOC            NOX             VOC            NOX

                                                Point .................................................................................................................                2.0            18.5            1.3           10.0
                                                Area .................................................................................................................                52.7             6.9           48.5            6.2
                                                Nonroad ...........................................................................................................                   41.8            32.5           37.0           36.1



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                                                38106                             Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules

                                                                 TABLE 1—EMISSIONS INVENTORY SUMMARY FOR CONNECTICUT’S NONATTAINMENT AREAS—Continued
                                                                                                                                                [Tons/summer day]

                                                                                                                                                                        CT portion of NY-NJ-CT area                      Greater CT area
                                                                                                    Source
                                                                                                                                                                              VOC                      NOX             VOC               NOX

                                                Onroad .............................................................................................................               33.4                      64.6              30.3            55.8
                                                Biogenic ...........................................................................................................              141.4                       0.7             283.7             1.7

                                                      Totals ........................................................................................................             271.3                   123.3               400.7          109.8



                                                   Additional details regarding                                            more general RFP requirements of                                          use as emissions offsets held within its
                                                Connecticut’s emissions inventory are                                      section 172(c)(2) of the CAA apply,                                       emissions offset bank within the RFP
                                                included in Connecticut’s 2011 Periodic                                    which permits a combination of VOC                                        analysis. Connecticut relied primarily
                                                Emissions Inventory document, which                                        and NOX emission reductions to show                                       on the emissions projection work it had
                                                is available in the docket for this                                        RFP. Connecticut has previously                                           developed and submitted to the Mid-
                                                proposed rulemaking. The inventories                                       submitted 15% VOC-only RFP SIPs                                           Atlantic Regional Air Management
                                                are based on the most current and                                          under section 182(b)(1), due to                                           Association (MARAMA) for their effort
                                                accurate information available to the                                      nonattainment obligations it had under                                    to develop a 2017 modeling platform.
                                                State at the time it was being developed.                                  the one-hour ozone standard. Therefore,                                   The projection of emissions from
                                                Additionally, the inventories                                              for purposes of the 2008 ozone standard,                                  electrical generating units (EGUs) was
                                                comprehensively address all source                                         Connecticut submitted RFP                                                 accomplished using a forecasting tool
                                                categories in Connecticut’s                                                demonstrations for its two moderate                                       developed by the Eastern Regional
                                                nonattainment areas and were                                               nonattainment areas showing VOC and                                       Technical Advisory Group (ERTAC). We
                                                developed consistent with the relevant                                     NOX emission reductions greater than                                      reviewed these projections during the
                                                EPA inventory guidance. For these                                          15% within six years after the 2011 base                                  public comment period that Connecticut
                                                reasons, we are proposing to approve                                       year inventory (between 2012–2017).                                       held for its RFP plans and found that
                                                the 2011 baseline emissions inventories                                    Note that we are only proposing action                                    the ERTAC EGU emissions forecasts
                                                into the Connecticut SIP as meeting the                                    on the RFP plan for Connecticut portion                                   produced reasonable results for facilities
                                                requirements of CAA section 172(c)(3).                                     of the NY-NJ-CT area.                                                     in the State.
                                                                                                                              Connecticut chose to demonstrate that
                                                C. Reasonable Further Progress Plans                                       RFP was achieved between the 2011                                           Table 2 below contains a summary of
                                                  Section 182(b)(1) of the CAA and the                                     baseline year and the 2017 target year by                                 the 2011 RFP baseline inventory, 2017
                                                EPA’s 2008 Ozone Implementation Rule                                       showing that NOX emissions would                                          target levels incorporating the 5% VOC
                                                requires that State’s submit a reasonable                                  decline by at least 10%, and VOC                                          and 10% NOX emission reductions, and
                                                further progress (RFP) demonstration for                                   emissions by at least 5%, within each of                                  2017 projected, controlled emissions for
                                                each 8-hour ozone nonattainment area                                       its nonattainment areas. Connecticut                                      the Greater Connecticut and the
                                                designated moderate and above, for                                         updated its 2011 emission estimates for                                   Connecticut portion of the NY-NJ-CT
                                                review and approval into its SIP, that                                     use within the RFP baseline inventory                                     nonattainment areas. Connecticut’s RFP
                                                describes how the area will achieve                                        by using the most recently available                                      analysis for its two moderate
                                                actual emissions reductions of VOC and                                     version of EPA’s MOVES model,                                             nonattainment areas shows that
                                                NOX from a baseline emissions                                              MOVES 2014a, for the calculation of on-                                   projected, controlled VOC and NOX
                                                inventory. Section 182(b)(1) of the CAA                                    road and non-road mobile source                                           emissions in 2017 will be well below
                                                requires RFP to demonstrate a 15%                                          emissions. Additionally, Connecticut                                      the emission target levels, thereby
                                                reduction in VOC emissions before the                                      accounted for emissions available for                                     demonstrating that RFP has been met.

                                                                                 TABLE 2—SUMMARY OF RFP CALCULATIONS FOR CT’S TWO NONATTAINMENT AREAS
                                                                                                                                                                                                              VOC                 NOX emissions
                                                                                                                  Description                                                                         emissions (tons/sum-      (tons/summer day)
                                                                                                                                                                                                            mer day)

                                                RFP Baseline inventory:
                                                    Gr. CT area ..................................................................................................................................                    106.1                   91.9
                                                    CT portion of NY-NJ-CT area ......................................................................................................                                115.6                  115.1
                                                2017 target level of emissions:
                                                    Gr. CT area ..................................................................................................................................                    100.8                   82.7
                                                    CT portion of NY-NJ-CT area ......................................................................................................                                109.8                  103.6
                                                2017 projected, controlled emissions:
                                                    Gr. CT area ..................................................................................................................................                     84.6                    56.4
                                                    CT portion of NY-NJ-CT area ......................................................................................................                                 92.3                    71.3
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                                                  RFP plans must include a motor                                           State’s RFP plans included MVEBs for                                      D. Motor Vehicle Emissions Budgets/
                                                vehicle emissions budget (MVEB),                                           both nonattainment areas for the year                                     Transportation Conformity
                                                which provides the allowable on-road                                       2017. The MVEBs are discussed in
                                                                                                                                                                                                       Transportation conformity is required
                                                mobile emissions an area can produce                                       detail in Section III.D of this document.                                 by section 176(c) of the CAA.
                                                and continue to demonstrate RFP. The                                                                                                                 Conformity to a SIP means conformity


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                                                                                 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules                                                                               38107

                                                to an implementation plan’s purpose of                                   conform. To effectuate its purpose, the                                  in the SIP for a certain date, for the
                                                eliminating or reducing the severity and                                 conformity rule requires a                                               purpose of demonstrating attainment or
                                                number of violations of the NAAQS and                                    demonstration that emissions from the                                    maintenance of the NAAQS or for
                                                achieving expeditious attainment of the                                  Metropolitan Planning Organization’s                                     meeting reasonable further progress
                                                NAAQS, and that transportation                                           (MPO) Regional Transportation Plan                                       milestones.1
                                                activities will not produce new air                                      (RTP) and the Transportation
                                                                                                                                                                                                    The RFP plans submitted by
                                                quality violations, worsen existing                                      Improvement Program (TIP) are
                                                violations, or delay timely attainment of                                consistent with the motor vehicle                                        Connecticut are control strategy SIPs,
                                                the NAAQS (CAA 176(c)(1)(A) and (B)).                                    emission budget (MVEB) contained in                                      and they contain 2017 motor vehicle
                                                The EPA’s conformity rule at 40 CFR                                      the control strategy SIP revision or                                     budgets for VOCs and NOX by
                                                part 93, subpart A requires that                                         maintenance plan (40 CFR 93.101,                                         nonattainment area. Table 3 contains
                                                transportation plans, programs and                                       93.118, and 93.124). The MVEBs are                                       these VOC and NOX transportation
                                                projects conform to SIPs and establishes                                 defined in 40 CFR 93.101 as the level of                                 conformity budgets in units of tons per
                                                the criteria and procedures for                                          mobile source emissions of a pollutant,                                  summer day.
                                                determining whether or not they                                          of the total allowable emissions, defined

                                                                                               TABLE 3—CONFORMITY BUDGETS IN THE CONNECTICUT RFP PLANS
                                                                                                                                                                                                                        2017 Transportation
                                                                                                                                                                                                                        conformity budgets
                                                                                                                          Area name                                                                                         [tons/day]

                                                                                                                                                                                                                        VOC                NOX

                                                Greater Connecticut .................................................................................................................................................         15.9                22.2
                                                CT portion of NY-NJ-CT area ..................................................................................................................................                17.6                24.6



                                                   EPA issued a letter on March 20, 2017                                 has interpreted the CAA to mean that                                     obligation. Similarly, for the
                                                to Connecticut in which we stated that                                   implementation of these contingency                                      Connecticut portion of the NY-NJ-CT
                                                the budgets for the Greater Connecticut                                  measures would provide additional                                        area, the projected, controlled NOX
                                                area were adequate for use in                                            emissions reductions of up to 3% (or a                                   emissions in 2017 of 71.3 tons/day are
                                                transportation conformity                                                lesser percentage that will make up the                                  31% below the area’s NOX target of
                                                determinations. Additionally, EPA                                        identified shortfall) in the year                                        103.6 tons day, therby providing a
                                                published an announcement of this                                        following the RFP milestone year.                                        sufficient surplus to cover that area’s
                                                adequacy finding in the Federal                                          Contingency measures could include                                       contingency measure obligation.
                                                Register on May 31, 2017. See 82 FR                                      federal measures and local measures                                      Connecticut’s contingency measure
                                                24859. We did not make an adequacy                                       already scheduled for implementation,                                    analysis notes that the State chose to use
                                                finding for the Connecticut portion of                                   as long as their emission reductions are                                 NOX emission reductions from federal
                                                the NY-NJ-CT area; however, this action                                  beyond those needed for attainment or                                    non-road engine standards occurring
                                                serves to notify the public that EPA is                                  to meet RFP. The CAA does not                                            between 2012 and 2017, which form a
                                                reviewing for adequacy the MVEBs,                                        preclude a state from implementing                                       part of the large overall NOX emission
                                                contained in the RFP plan for the                                        such measures before they are triggered                                  reduction surplus, as contingency
                                                Connecticut portion of the NY-NJ-CT                                      by a failure to meet RFP. For more                                       measures. Emission reductions realized
                                                area, simultaneously with our proposed                                   information on contingency measures,                                     as newer, lower emitting equipment
                                                approval of the RFP plan as required by                                  see the April 16, 1992 General Preamble                                  replace older, higher emitting
                                                40 CFR part 93.118(f)(2). In this action,                                (57 FR 13498, 13510) and the 2008                                        equipment carry forward into the future
                                                we are proposing approval of the 2008                                    ozone rule (80 FR 12264, 12285).                                         and will continue to reduce emissions
                                                conformity budgets for VOC and NOX                                         Connecticut provided NOX emissions                                     after 2017.
                                                for the areas shown in Table 3 above.                                    reductions in excess of those needed for                                    The purpose of the contingency
                                                                                                                         RFP as contingency measures. Table 2                                     measures is to provide for further
                                                E. Contingency Measures
                                                                                                                         above illustrates the magnitude of the                                   emission reductions to make up the
                                                   Pursuant to section 172(c)(9) of the                                  excess emission reductions achieved by                                   shortfall needed for RFP or for
                                                CAA, nonattainment plan provisions                                       Connecticut’s RFP plans. For example,                                    attainment, during the period in which
                                                must provide for the implementation of                                   within the Greater Connecticut                                           the State and the EPA determine
                                                contingency measures. These are                                          nonattainment area, the projected,                                       whether the nonattainment plan for the
                                                specific measures to be undertaken if a                                  controlled NOX emissions in 2017 of                                      area needs further revision to achieve
                                                nonattainment area fails to make RFP, or                                 56.4 tons/day are 32% below the area’s                                   the NAAQS expeditiously.2 The
                                                to attain the national primary ambient                                   NOX target of 82.7 tons/day. Given that                                  appropriateness of relying on already-
                                                air quality standard by the applicable                                   Connecticut established the 2017 NOX                                     implemented reductions to meet the
                                                attainment date. Such contingency                                        emissions target by factoring in a 10%                                   contingency measures requirement has
                                                measures shall take effect without                                       reduction in emissions, the additional                                   been addressed in two federal circuit
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                                                further action by the state or the EPA.                                  32% reduction in NOX emissions is                                        court decisions. See Louisiana
                                                While the CAA does not specify the                                       more than adequate to cover the 3%                                       Environmental Action Network (LEAN)
                                                type of measures or quantity of                                          reduction in emissions needed to satisfy                                 v. EPA, 382 F.3d 575, 586 (5th Cir.
                                                emissions reductions required, the EPA                                   the area’s contingency measure                                           2004), Bahr v. United States EPA, 836
                                                  1 Further information concerning EPA’s                                 transportation conformity rule. See 58 FR 62193–                           2 See General Preamble, section III.A.3.c (57 FR

                                                interpretations regarding MVEBs can be found in                          62196.                                                                   13498 at 13511).
                                                the preamble to EPA’s November 24, 1993,



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                                                38108                    Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules

                                                F.3d 1218 (9th Cir. 2016), cert. denied,                F. Reasonably Available Control                       the CAA RACM requirements and
                                                199 L. Ed. 2d 525, 2018 U.S. LEXIS 58                   Measures (RACM) Analysis                              elaborated on the General Preamble.
                                                (January 8, 2018). The EPA believes that                   Connecticut submitted a                               To demonstrate that the area meets
                                                the language of section 172(c)(9) and                   demonstration that its two moderate                   the RACM requirement, Connecticut
                                                182(c)(9) is ambiguous with respect to                  nonattainment areas have adopted all                  described its current regulatory
                                                this issue, and that it is reasonable for               RACM necessary to demonstrate                         structure limiting ozone precursor
                                                the agency to interpret the statutory                   attainment as expeditiously as                        emissions, which stems back to the
                                                language to allow approval of already                   practicable as required by CAA section                1980s, and evaluated the likelihood of
                                                implemented measures as contingency                     172(c)(1) and 40 CFR 51.912(d). The                   additional measures being adopted that
                                                measures, so long as they meet other                    EPA interprets the CAA RACM                           would advance the date of attainment
                                                                                                                                                              for the 2008 ozone standard.
                                                parameters such as providing excess                     provision to require a demonstration
                                                                                                                                                              Connecticut notes that stationary and
                                                emissions reductions that the state has                 that: (1) The state has adopted all
                                                                                                                                                              mobile sources of VOC and NOX are
                                                not relied upon to make RFP or for                      reasonable measures (including RACT)
                                                                                                                                                              well-controlled in the State as a result
                                                attainment in the nonattainment plan                    to meet RFP requirements and to
                                                                                                                                                              of numerous state and federal measures
                                                for the NAAQS at issue. Until the Bahr                  demonstrate attainment as expeditiously
                                                                                                                                                              that have or will soon be implemented
                                                decision, under the EPA’s longstanding                  as possible, and (2) no additional
                                                                                                                                                              to reduce in-state emissions of ozone
                                                interpretation of CAA section 172(c)(9)                 measures that are reasonably available
                                                                                                                                                              precursors. Connecticut’s submittal
                                                and 182(c)(9), states could rely on                     will advance the attainment date or
                                                                                                                                                              mentions that, with regard to major
                                                control measures that were already                      contribute to RFP for the area. States
                                                                                                                                                              stationary sources, reasonable available
                                                implemented (so called early-triggered                  should consider all available measures,
                                                                                                                                                              control technology (RACT) is
                                                contingency measures) as a valid means                  including those being implemented in
                                                                                                                                                              considered a subset of RACM.
                                                to meet the Act’s contingency measures                  other areas, but must adopt measures for              Stationary sources of VOC and NOX
                                                requirement. The Ninth Circuit decision                 an area only if those measures are                    have been subject to RACT requirements
                                                in Bahr leaves a split among the federal                economically and technologically                      for several decades in light of the State’s
                                                                                                        feasible and will advance the attainment              nonattainment status for earlier ozone
                                                circuit courts, with the Fifth Circuit
                                                                                                        date or are necessary for RFP.                        standards, and we recently approved
                                                upholding the Agency’s interpretation                      The EPA has previously provided
                                                of section 172(c)(9) to allow early-                                                                          Connecticut’s RACT certification for the
                                                                                                        guidance interpreting the RACM
                                                triggered contingency measures and the                                                                        2008 ozone NAAQS along with several
                                                                                                        requirements of section 172(c)(1). See
                                                Ninth Circuit rejecting that                                                                                  regulatory updates that strengthened
                                                                                                        the ‘‘General Preamble for                            requirements for sources of NOX. See 82
                                                interpretation. The Second Circuit in                   Implementation of Title I of the CAA of
                                                which Connecticut is located has not                                                                          FR 35454; July 31, 2017. Connecticut
                                                                                                        1990’’ (General Preamble), 57 FR 13498,               concludes that its state regulations
                                                addressed the issue, nor has the                        13560 (April 16, 1992). In that
                                                Supreme Court or any other circuit                                                                            adopted to meet RACT, except for the
                                                                                                        preamble, the EPA stated that                         most recent updates to NOX
                                                court other than the Fifth and Ninth.                   potentially available measures that                   requirements approved in our July 31,
                                                   Because there is a split in the federal              would not advance the attainment date                 2017 approval which have an effective
                                                circuits on this issue, the EPA expects                 for an area would not be considered                   date that does not occur in time to
                                                that states located in circuits other than              RACM. The EPA also indicated in the                   advance the attainment date for the
                                                the Ninth may elect to rely on EPA’s                    General Preamble that states should                   2008 ozone NAAQS, represent RACM
                                                longstanding interpretation of section                  consider all potentially available                    for major sources.
                                                172(c)(9) allowing early-triggered                      measures to determine whether they                       Regarding other stationary sources of
                                                measures to be approved as contingency                  were reasonably available for                         ozone precursor emissions, Connecticut
                                                measures, in appropriate circumstances.                 implementation in the area, and                       notes that its participation in the Ozone
                                                EPA’s revised Regional Consistency                      whether they would advance the                        Transport Commission (OTC) has,
                                                regulations pertaining to SIP provisions                attainment date. Further, the General                 among other things, resulted in the
                                                authorize the Agency to follow this                     Preamble indicates that states should                 state’s adoption of a number of
                                                interpretation of section 172(c)(9) in                  provide in the SIP submittals a                       regulations limiting emissions from
                                                Circuits other than the Ninth. See 40                   discussion of whether the measures                    stationary, non-major sources of ozone
                                                CFR part 56. To ensure that early-                      considered are reasonably available or                precursor emissions. In particular,
                                                triggered contingency measures                          not. If the measures are reasonably                   Connecticut notes that as part of its
                                                appropriately satisfy all other relevant                available, they must be adopted as                    attainment planning process to meet the
                                                CAA requirements, the EPA will                          RACM. Finally, the EPA indicated that                 1997 ozone standard, the state adopted
                                                carefully review each such measure, and                 states could reject potential RACM                    regulations recommended by the OTC
                                                intends to consult with states                          either because they would not advance                 that included regulations limiting
                                                                                                        the attainment date or would cause                    emissions from consumer and
                                                considering such measures early in the
                                                                                                        substantial widespread and long-term                  commercial products, architectural and
                                                attainment plan development process.
                                                                                                        adverse impacts. States could also                    industrial maintenance coatings, asphalt
                                                   As shown in Table 2 above, the                       consider local conditions, such as                    paving operations, pressure-vacuum
                                                emissions reductions projected through                  economics or implementation concerns,                 vent valves at gasoline stations, and
                                                2017 are sufficient to meet the                         in rejecting potential RACM. On                       limits on VOC emissions used by
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                                                requirements for contingency measures,                  November 30, 1999, John S. Seitz,                     solvent cleaning operations.
                                                consistent with the EPA’s interpretation                Director, Office of Air Quality Planning              Connecticut adopted these regulations
                                                of the CAA to allow approval of already                 and Standards, issued a memorandum                    jointly with other OTC states as a means
                                                implemented control measures as                         on this topic, ‘‘Guidance on the                      of implementing effective controls at the
                                                contingency measures in states outside                  Reasonably Available Control Measures                 regional level, but acknowledged that
                                                the Ninth Circuit. Therefore, we propose                (RACM) Requirement and Attainment                     none of these measures, implemented
                                                approval of Connecticut’s RFP                           Demonstration Submissions for Ozone                   by Connecticut alone, would be
                                                contingency measures.                                   Nonattainment Areas’’ which reiterated                sufficient to advance attainment by one


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                                                                         Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules                                                38109

                                                year or more. Connecticut considers its                 additional RACM candidate measures                      • Does not impose an information
                                                analysis of RACM for the 1997 ozone                     prior to the 2016 ozone season, which                 collection burden under the provisions
                                                NAAQS to largely suffice for the 2008                   would need to occur to advance the                    of the Paperwork Reduction Act (44
                                                ozone NAAQS, but did perform an                         attainment date by one year.                          U.S.C. 3501 et seq.);
                                                additional review to explore whether                       Connecticut evaluated all source
                                                                                                                                                                • Is certified as not having a
                                                RACM for non-major stationary sources                   categories that could contribute
                                                                                                                                                              significant economic impact on a
                                                exist. This review found that ancillary                 meaningful emission reductions and
                                                                                                                                                              substantial number of small entities
                                                NOX emission reductions that are being                  identified and evaluated an extensive
                                                                                                                                                              under the Regulatory Flexibility Act (5
                                                achieved by a regional haze measure, a                  list of potential control measures. The
                                                                                                                                                              U.S.C. 601 et seq.);
                                                reduction of the level of sulfur allowed                State considered the time needed to
                                                in distillate and residual fuel oil, qualify            develop and adopt regulations and the                    • Does not contain any unfunded
                                                as a RACM measure. Connecticut will                     time it would take to see the benefit                 mandate or significantly or uniquely
                                                implement this regulation in two                        from these measures to determine their                affect small governments, as described
                                                phases, with Phase 1 having become                      reasonableness and availability. We                   in the Unfunded Mandates Reform Act
                                                effective on July 1, 2014. The Phase 2                  agree that Connecticut has adopted all                of 1995 (Pub. L. 104–4);
                                                portion of the regulation does not                      RACM for it’s two moderate                              • Does not have Federalism
                                                become effective until July 1, 2018, are                nonattainment areas. Therefore, we are                implications as specified in Executive
                                                therefore is not considered RACM.                       proposing to approve Connecticut’s                    Order 13132 (64 FR 43255, August 10,
                                                   Regarding mobile source emission                     RACM SIPs prepared for the State’s two                1999);
                                                reductions, Connecticut evaluated the                   moderate nonattainment areas.
                                                impact of a number of mobile source                                                                             • Is not an economically significant
                                                initiatives, including transportation                   IV. Proposed Action                                   regulatory action based on health or
                                                control measures, to evaluate their                       We are proposing to approve SIP                     safety risks subject to Executive Order
                                                effectiveness at reducing ozone                         submittals from the State of Connecticut              13045 (62 FR 19885, April 23, 1997);
                                                precursor emissions. Specifically,                      for the 2008 ozone NAAQS for the                        • Is not a significant regulatory action
                                                Connecticut’s RACM analysis included                    Greater Connecticut moderate                          subject to Executive Order 13211 (66 FR
                                                a summary of the emission reductions                    nonattainment area, and for the                       28355, May 22, 2001);
                                                achieved by the Federal Highway                         Connecticut portion of the New York-N.
                                                Administration’s Congestion Mitigation                  New Jersey-Long Island NY-NJ-CT                         • Is not subject to requirements of
                                                and Air Quality (CMAQ) program, as                      moderate nonattainment area.                          Section 12(d) of the National
                                                funds from this program are used, in                    Specifically, we are proposing to                     Technology Transfer and Advancement
                                                part, to improve traffic congestion,                    approve the following:                                Act of 1995 (15 U.S.C. 272 note) because
                                                which in turn reduces emissions from                      • An emission statement certification;              application of those requirements would
                                                on-road vehicles. For example, Table 6.2                  • 2011 base year emission                           be inconsistent with the Clean Air Act;
                                                of Connecticut’s attainment                             inventories;                                          and
                                                demonstration submittal for the Greater                   • RFP demonstrations;                                 • Does not provide EPA with the
                                                Connecticut area shows the anticipated                    • Motor vehicle emissions budgets;                  discretionary authority to address, as
                                                VOC and NOX emission reductions from                      • Contingency measures; and                         appropriate, disproportionate human
                                                specific transportation projects. The                     • Demonstration of RACM                             health or environmental effects, using
                                                measures in Table 6.2 are expected to                   implementation.                                       practicable and legally permissible
                                                reduce ozone precursor emissions in                                                                           methods, under Executive Order 12898
                                                Connecticut by less than 1%, and are                    V. Statutory and Executive Order
                                                                                                        Reviews                                               (59 FR 7629, February 16, 1994).
                                                therefore not considered to be RACM
                                                                                                           Under the Clean Air Act, the                          In addition, the SIP is not approved
                                                because they are not large enough to
                                                advance the attainment date by at least                 Administrator is required to approve a                to apply on any Indian reservation land
                                                one year. Other mobile source measures,                 SIP submission that complies with the                 or in any other area where EPA or an
                                                such as the Lawn Equipment Exchange                     provisions of the Act and applicable                  Indian tribe has demonstrated that a
                                                Fund, reductions from the Diesel                        Federal regulations. See 42 U.S.C.                    tribe has jurisdiction. In those areas of
                                                Emissions Reduction Act funding,                        7410(k); 40 CFR 52.02(a). Thus, in                    Indian country, the rule does not have
                                                Smartway, and EVConnecticut, were all                   reviewing SIP submissions, EPA’s role                 tribal implications and will not impose
                                                found to provide meaningful reductions,                 is to approve state choices, provided                 substantial direct costs on tribal
                                                but none were determined to advance                     that they meet the criteria of the Clean              governments or preempt tribal law as
                                                the attainment date and therefore are                   Air Act. Accordingly, this proposed                   specified by Executive Order 13175 (65
                                                not considered to be RACM.                              action merely approves state law as                   FR 67249, November 9, 2000).
                                                   The RACM analysis presented by CT                    meeting Federal requirements and does                 List of Subjects in 40 CFR Part 52
                                                DEEP did not identify any new                           not impose additional requirements
                                                measures that would have substantially                  beyond those imposed by state law. For                  Environmental protection, Air
                                                advanced the area’s achievement of the                  that reason, this proposed action:                    pollution control, Incorporation by
                                                2008 ozone NAAQS, and the State notes                      • Is not a significant regulatory action           reference, Nitrogen dioxide, Ozone,
                                                that atmospheric transport from upwind                  subject to review by the Office of                    Reporting and recordkeeping
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                                                areas on most high ozone days                           Management and Budget under                           requirements, Volatile organic
                                                overwhelms the ability of CT DEEP to                    Executive Orders 12866 (58 FR 51735,                  compounds.
                                                significantly advance Connecticut’s                     October 4, 1993) and 13563 (76 FR 3821,                 Dated: July 31, 2018.
                                                attainment date solely with in-state                    January 21, 2011);
                                                                                                                                                              Alexandra Dunn,
                                                control strategies. In addition,                           • This action is not expected to be an
                                                Connecticut notes that EPA’s recently                   Executive Order 13771 regulatory action               Regional Administrator, EPA Region 1.
                                                finalized bump-up process provided                      because this action is not significant                [FR Doc. 2018–16622 Filed 8–2–18; 8:45 am]
                                                little time to adopt and implement                      under Executive Order 12866;                          BILLING CODE 6560–50–P




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Document Created: 2018-11-06 10:34:41
Document Modified: 2018-11-06 10:34:41
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 September 4, 2018.
ContactBob McConnell, Environmental Engineer, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046; [email protected]
FR Citation83 FR 38104 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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