83 FR 39890 - Air Plan Approval; Connecticut; 1997 8-Hour Ozone Attainment Demonstration
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 156 (August 13, 2018)
Federal Register Volume 83, Issue 156 (August 13, 2018)
| Page Range | 39890-39892 | |
| FR Document | 2018-17245 |
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)] [Rules and Regulations] [Pages 39890-39892] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17245] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2018-0178; FRL-9981-40--Region 1] Air Plan Approval; Connecticut; 1997 8-Hour Ozone Attainment Demonstration AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the ozone attainment demonstration portion of a State Implementation Plan (SIP) revision submitted by the State of Connecticut to meet the Clean Air Act (CAA) requirements for attaining the 1997 8-hour ozone national ambient air quality standard (NAAQS). The EPA is approving Connecticut's demonstration of attainment of the 1997 8-hour ozone NAAQS for the New York-Northern New Jersey-Long Island, NY-NJ-CT moderate 1997 8-hour ozone nonattainment area (hereafter, the NY-NJ-CT area or the NY-NJ-CT nonattainment area). In addition, the EPA is approving Connecticut's reasonably available control measures (RACM) analysis. This action is being taken under the Clean Air Act. DATES: This rule is effective on September 12, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2018-0178. 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 or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics, and Indoor Programs Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional Office, 5 Post Office Square--Suite 100 (Mail Code OEP05-2), Boston, MA 02109-3912, phone number: (617) 918-1624, fax number: (617) 918-0624, email: [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Background and Purpose II. Summary of Action III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose On May 25, 2018 (83 FR 24259), the EPA published a Notice of Proposed Rulemaking (NPRM) for the State of Connecticut. In the May 25, 2018 proposed rulemaking action, the EPA [[Page 39891]] proposed to approve the portion of a Connecticut SIP revision submitted on August 8, 2017 which demonstrates attainment of the 1997 ozone NAAQS. The EPA also proposed to approve the associated RACM analysis for the same area. Connecticut previously submitted an initial attainment demonstration for the 1997 ozone NAAQS for the Connecticut portion of the NY-NJ-CT area on February 1, 2008. This action addresses Connecticut's demonstrations of attainment of the 1997 8-hour ozone standard and associated RACM analysis for the Connecticut portion of the NY-NJ-CT area, submitted by Connecticut on February 1, 2008 and August 8, 2017. The EPA is taking separate action on the 2011 base year emission inventories, RFP plans, motor vehicle emission budgets, and contingency measures submitted as part of the August 8, 2017 SIP revisions in a forthcoming Federal Register document. II. Summary of Action As discussed in the Federal Register at 83 FR 24259, May 25, 2018, proposed rulemaking, the EPA reviewed the photochemical grid modeling used by Connecticut in its August 8, 2017 SIP submittal to demonstrate attainment of the 1997 ozone NAAQS and determined the modeling meets the EPA's guidelines and is acceptable to the EPA. Air quality monitoring data for 2014-2016 also demonstrates attainment of the 1997 8-hour ozone standard throughout the NY-NJ-CT area. The purpose of the attainment demonstration is to demonstrate how, through enforceable and approvable emission reductions, an area will meet the standard by the attainment date. The purpose of the RACM analysis is to show that the State has considered all reasonable available control measures to achieve attainment of the 1997 8-hour ozone standard. All necessary ozone control measures have already been adopted, submitted, approved and implemented. Also discussed in further detail in the Federal Register at 83 FR 24259, May 25, 2018, proposed rulemaking and based on (1) the State following the EPA's modeling guidance, (2) the modeled attainment of 1997 standard, (3) the air quality monitoring data for 2014-2016, and (4) the implemented SIP-approved control measures, the EPA is approving the attainment demonstration and RACM analysis for the 1997 ozone NAAQS for the Connecticut portion of the NY-NJ-CT area. The EPA is not taking action on the attainment demonstration and RACM analysis for the 2008 ozone NAAQS at this time. Other specific requirements of an attainment demonstration and the rationale for the EPA's proposed action are explained in the NPRM and will not be restated here. The EPA received two comments during the comment period. Although one comment was partially supportive of the EPA's proposed action, the comments otherwise discuss subjects outside the scope of an attainment demonstration action, do not explain (or provide a legal basis for) how the proposed action should differ in any way, and make no specific mention of the proposed action. As such, they are not germane and do not require further response to finalize the action as proposed. III. Final Action The EPA is approving the attainment demonstration and RACM analysis for the Connecticut portion of the NY-NJ-CT area for the 1997 ozone NAAQS. This rulemaking addresses the EPA's obligations to act on Connecticut's February 1, 2008 SIP revision for the 1997 ozone NAAQS, as well as the attainment demonstration and RACM analysis portion of the August 8, 2017 SIP submittal for the 1997 ozone NAAQS for the Connecticut portion of the NY-NJ-CT area. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 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 action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); This action is not 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 12, 2018. Filing a petition for reconsideration by [[Page 39892]] the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 6, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart H--Connecticut 0 2. Section 52.377 is amended by adding paragraph(s) to read as follows: Sec. 52.377 Control strategy: Ozone. * * * * * (s) Approval--An attainment demonstration for the 1997 8-hour ozone standard to satisfy requirements of section 182(c)(2)(A) of the Clean Air Act, and a Reasonably Available Control Measure (RACM) analysis to satisfy requirements of section 172(c)(1) of the Clean Air Act for the New York-Northern New Jersey-Long Island (NY-NJ-CT) ozone nonattainment area, submitted by the Connecticut Department of Energy and Environmental Protection. This rulemaking addresses the EPA's obligations to act on Connecticut's February 1, 2008 SIP revision for the 1997 ozone NAAQS, as well as the attainment demonstration and RACM analysis portion of the August 8, 2017 SIP submittal for the 1997 ozone NAAQS for the Connecticut portion of the NY-NJ-CT area. [FR Doc. 2018-17245 Filed 8-10-18; 8:45 am] BILLING CODE 6560-50-P
![39890 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations
EPA-APPROVED RHODE ISLAND REGULATIONS
State
State citation Title/subject effective EPA approval date Explanations
date
Air Pollution Control General General Definitions ................ 1/9/2017 8/13/2018, [Insert Federal Excluding ‘‘Application’’ sec-
Definitions Regulation. Register citation]. tion of the ‘‘General Provi-
sions’’ which was not sub-
mitted by the State
* * * * * * *
Air Pollution Control Regula- Sulfur Content of Fuels .......... 1/9/2017 8/13/2018, [Insert Federal Excluding sections 8.7 and
tion 8. Register citation]. 8.8.3 which were not sub-
mitted by the State.
* * * * * * *
Air Pollution Control Regula- Control of Volatile Organic 1/9/2017 8/13/2018, [Insert Federal Excluding sections 19.2.2 and
tion 19. Compounds from Surface Register citation]. 19.9.2, which were not sub-
Coating Operations. mitted by the State.
* * * * * * *
Air Pollution Control Regula- Control of Nitrogen Oxides 1/9/2017 8/13/2018, [Insert Federal Excluding section 27.7.3
tion 27. Emissions. Register citation]. which was not submitted by
the State.
* * * * * * *
Air Pollution Control Regula- Control of Volatile Organic 1/9/2017 8/13/2018, [Insert Federal Excluding sections 35.2.3 and
tion 35. Compounds and Volatile Register citation]. 35.9.3 which were not sub-
Hazardous Air Pollutants mitted by the State.
from Wood Products Manu-
facturing Operations.
Air Pollution Control Regula- Control of Emissions from Or- 1/9/2017 8/13/2018, [Insert Federal Excluding sections 36.2.2 and
tion 36. ganic Solvent Cleaning. Register citation]. 36.14.2 which were not
submitted by the State.
* * * * * * *
* * * * * moderate 1997 8-hour ozone contact listed in the FOR FURTHER
[FR Doc. 2018–17246 Filed 8–10–18; 8:45 am] nonattainment area (hereafter, the NY- INFORMATION CONTACT section to
BILLING CODE 6560–50–P NJ-CT area or the NY-NJ-CT schedule your inspection. The Regional
nonattainment area). In addition, the Office’s official hours of business are
EPA is approving Connecticut’s Monday through Friday, 8:30 a.m. to
ENVIRONMENTAL PROTECTION reasonably available control measures 4:30 p.m., excluding legal holidays.
AGENCY (RACM) analysis. This action is being FOR FURTHER INFORMATION CONTACT: Eric
taken under the Clean Air Act. Wortman, Air Permits, Toxics, and
40 CFR Part 52 Indoor Programs Unit, U.S.
DATES: This rule is effective on
[EPA–R01–OAR–2018–0178; FRL–9981– September 12, 2018. Environmental Protection Agency, EPA
40—Region 1] Region 1 Regional Office, 5 Post Office
ADDRESSES: EPA has established a
Square—Suite 100 (Mail Code OEP05–
docket for this action under Docket 2), Boston, MA 02109–3912, phone
Air Plan Approval; Connecticut; 1997
Identification No. EPA–R01–OAR– number: (617) 918–1624, fax number:
8-Hour Ozone Attainment
2018–0178. All documents in the docket (617) 918–0624, email: wortman.eric@
Demonstration
are listed on the https:// epa.gov.
AGENCY: Environmental Protection www.regulations.gov website. Although
Agency (EPA). listed in the index, some information is SUPPLEMENTARY INFORMATION:
not publicly available, i.e., CBI or other Throughout this document whenever
ACTION: Final rule.
information whose disclosure is ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
SUMMARY: The Environmental Protection restricted by statute. Certain other EPA.
Agency (EPA) is approving the ozone material, such as copyrighted material, Table of Contents
attainment demonstration portion of a is not placed on the internet and will be
I. Background and Purpose
State Implementation Plan (SIP) publicly available only in hard copy II. Summary of Action
revision submitted by the State of form. Publicly available docket III. Final Action
Connecticut to meet the Clean Air Act materials are available at https:// IV. Statutory and Executive Order Reviews
sradovich on DSK3GMQ082PROD with RULES
(CAA) requirements for attaining the www.regulations.gov or at the U.S.
1997 8-hour ozone national ambient air Environmental Protection Agency, EPA I. Background and Purpose
quality standard (NAAQS). The EPA is Region 1 Regional Office, Office of On May 25, 2018 (83 FR 24259), the
approving Connecticut’s demonstration Ecosystem Protection, Air Quality EPA published a Notice of Proposed
of attainment of the 1997 8-hour ozone Planning Unit, 5 Post Office Square— Rulemaking (NPRM) for the State of
NAAQS for the New York-Northern Suite 100, Boston, MA. EPA requests Connecticut. In the May 25, 2018
New Jersey-Long Island, NY-NJ-CT that if at all possible, you contact the proposed rulemaking action, the EPA
VerDate Sep<11>2014 16:02 Aug 10, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.SGM 13AUR1](https://thefederalregister.org/doc/83_FR_40046/page/1.svg)
![39892 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations
the Administrator of this final rule does ENVIRONMENTAL PROTECTION ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
not affect the finality of this action for AGENCY EPA.
the purposes of judicial review nor does
40 CFR Part 52 Table of Contents
it extend the time within which a
petition for judicial review may be filed, I. Background and Purpose
[EPA–R01–OAR–2018–0269; FRL–9981–93–
and shall not postpone the effectiveness Region 1] II. Response to Comments
III. Final Action
of such rule or action. This action may
Air Plan Approval; Maine; IV. Statutory and Executive Order Reviews
not be challenged later in proceedings to
enforce its requirements. (See section Infrastructure Requirement for the I. Background and Purpose
307(b)(2).) 2010 Nitrogen Dioxide National
On May 25, 2018 (83 FR 24264), EPA
Ambient Air Quality Standard
List of Subjects in 40 CFR Part 52 published a Notice of Proposed
AGENCY: Environmental Protection Rulemaking (NPRM) regarding specific
Environmental protection, Air Agency (EPA). Clean Air Act requirements applicable
pollution control, Incorporation by ACTION: Final rule. to the State of Maine. In particular, the
reference, Intergovernmental relations, NPRM proposed approval of Maine’s
Nitrogen dioxide, Ozone, Particulate SUMMARY: The Environmental Protection February 21, 2018, SIP submittal for the
matter, Reporting and recordkeeping Agency (EPA) is approving a State 2010 primary NO2 NAAQS as it pertains
requirements, Volatile organic Implementation Plan (SIP) revision to section 110(a)(2)(D)(i)(I) of the CAA.
compounds. submitted by the State of Maine. This Section 110(a)(2)(D)(i)(I) requires a
revision addresses the interstate state’s SIP to include provisions
Dated: August 6, 2018. transport requirements of the Clean Air prohibiting any source or other type of
Alexandra Dunn, Act (CAA) with respect to the 2010 emissions activity within the state from
Regional Administrator, EPA Region 1. primary nitrogen dioxide (NO2) National emitting any air pollutant in amounts
Ambient Air Quality Standard that will contribute significantly to
Part 52 of chapter I, title 40 of the (NAAQS). This action approves Maine’s nonattainment, or interfere with
Code of Federal Regulations is amended demonstration that the State is meeting maintenance, of the NAAQS in another
as follows: its obligations regarding the interstate state. The two clauses of this section are
transport of NO2 emissions into other referred to as prong 1 (significant
PART 52—APPROVAL AND states. This action is being taken under
PROMULGATION OF contribution to nonattainment) and
the CAA. prong 2 (interference with maintenance
IMPLEMENTATION PLANS DATES: This rule is effective on of the NAAQS).
September 12, 2018. In the NPRM, EPA proposed to
■ 1. The authority citation for part 52 ADDRESSES: EPA has established a approve Maine’s February 21, 2018,
continues to read as follows: docket for this action under Docket infrastructure SIP submittal for the 2010
Authority: 42 U.S.C. 7401 et seq. Identification No. EPA–R01–OAR– primary NO2 NAAQS, concluding
2018–0269. All documents in the docket Maine’s SIP submittal adequately
Subpart H—Connecticut are listed on the https:// addresses prong 1 and prong 2
www.regulations.gov website. Although requirements of CAA section
■ 2. Section 52.377 is amended by listed in the index, some information is 110(a)(2)(D)(i)(I) for the 2010 primary
adding paragraph(s) to read as follows: not publicly available, i.e., CBI or other NO2 NAAQS. The rationale for EPA’s
information whose disclosure is proposed action is explained in the
§ 52.377 Control strategy: Ozone. restricted by statute. Certain other NPRM and will not be restated here.
* * * * * material, such as copyrighted material,
is not placed on the internet and will be II. Response to Comments
(s) Approval—An attainment
publicly available only in hard copy In response to the May 25, 2018
demonstration for the 1997 8-hour
form. Publicly available docket NPRM, we received a number of
ozone standard to satisfy requirements
materials are available at https:// anonymous comments that address
of section 182(c)(2)(A) of the Clean Air
www.regulations.gov or at the U.S. subjects outside the scope of our
Act, and a Reasonably Available Control
Environmental Protection Agency, EPA proposed action, do not explain (or
Measure (RACM) analysis to satisfy
Region 1 Regional Office, Office of provide a legal basis for) how the
requirements of section 172(c)(1) of the Ecosystem Protection, Air Quality
Clean Air Act for the New York- proposed action should differ in any
Planning Unit, 5 Post Office Square— way, and make no specific mention of
Northern New Jersey-Long Island (NY- Suite 100, Boston, MA. EPA requests
NJ-CT) ozone nonattainment area, the proposed action. Consequently,
that if at all possible, you contact the those comments are not germane to this
submitted by the Connecticut contact listed in the FOR FURTHER
Department of Energy and rulemaking and require no further
INFORMATION CONTACT section to response.
Environmental Protection. This schedule your inspection. The Regional EPA received one relevant comment
rulemaking addresses the EPA’s Office’s official hours of business are that referred specifically to the proposed
obligations to act on Connecticut’s Monday through Friday, 8:30 a.m. to rulemaking on the Maine’s
February 1, 2008 SIP revision for the 4:30 p.m., excluding legal holidays. infrastructure SIP submittal for the 2010
1997 ozone NAAQS, as well as the FOR FURTHER INFORMATION CONTACT: primary NO2 NAAQS.
attainment demonstration and RACM
sradovich on DSK3GMQ082PROD with RULES
Patrick Bird, Office of Ecosystem Comment: The commenter suggests
analysis portion of the August 8, 2017 Protection, 5 Post Office Square—Suite that, under the Plain Writing Act of
SIP submittal for the 1997 ozone 100 (Mail Code OEP 05–2), Boston, MA 2010, EPA should not have used the
NAAQS for the Connecticut portion of 01209–3912, tel. (617) 918–1287, email word ‘‘promulgated’’ in the NPRM for
the NY-NJ-CT area. bird.patrick@epa.gov. this action.
[FR Doc. 2018–17245 Filed 8–10–18; 8:45 am] SUPPLEMENTARY INFORMATION: Response: The Plain Writing Act of
BILLING CODE 6560–50–P Throughout this document whenever 2010 (‘‘PWA’’ or the ‘‘Act’’), Public Law
VerDate Sep<11>2014 16:02 Aug 10, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.SGM 13AUR1](https://thefederalregister.org/doc/83_FR_40046/page/3.svg)
Document Created: 2018-08-11 00:26:41
Document Modified: 2018-08-11 00:26:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on September 12, 2018. | |
| Contact | Eric Wortman, Air Permits, Toxics, and Indoor Programs Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional Office, 5 Post Office Square--Suite 100 (Mail Code OEP05-2), Boston, MA 02109-3912, phone number: (617) 918-1624, fax number: (617) 918-0624, email: [email protected] | |
| FR Citation | 83 FR 39890 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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