83_FR_7001 83 FR 6968 - Air Plan Approval; Connecticut; Nonattainment New Source Review Permit Requirements for the 2008 8-Hour Ozone Standard

83 FR 6968 - Air Plan Approval; Connecticut; Nonattainment New Source Review Permit Requirements for the 2008 8-Hour Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 33 (February 16, 2018)

Page Range6968-6970
FR Document2018-03252

The Environmental Protection Agency (EPA) is taking final action to approve the state implementation plan (SIP) revision submitted on March 9, 2017 by the Connecticut Department of Energy and Environmental Protection (CT DEEP) addressing the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). The SIP revision addresses both of Connecticut's ozone nonattainment areas for the 2008 ozone NAAQS; the Greater Connecticut area and the Connecticut portion of the New York-N. New Jersey-Long Island, NY-NJ-CT area. The Connecticut portion of the New York-N. New Jersey-Long Island, NY-NJ-CT ozone nonattainment area consists of Fairfield, New Haven, and Middlesex counties. The Greater Connecticut nonattainment area includes the rest of the State. This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

Federal Register, Volume 83 Issue 33 (Friday, February 16, 2018)
[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6968-6970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03252]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0150; FRL-9973-18-Region 1]


Air Plan Approval; Connecticut; Nonattainment New Source Review 
Permit Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the state implementation plan (SIP) revision 
submitted on March 9, 2017 by the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) addressing the nonattainment new 
source review (NNSR) requirements for the 2008 8-hour ozone National 
Ambient Air Quality Standard (NAAQS). The SIP revision addresses both 
of Connecticut's ozone nonattainment areas for the 2008 ozone NAAQS; 
the Greater Connecticut area and the Connecticut portion of the New 
York-N. New Jersey-Long Island, NY-NJ-CT area. The Connecticut portion 
of the New York-N. New Jersey-Long Island, NY-NJ-CT ozone nonattainment 
area consists of Fairfield, New Haven, and Middlesex counties. The 
Greater Connecticut nonattainment area includes the rest of the State. 
This action is being taken pursuant to the Clean Air Act (CAA or Act) 
and its implementing regulations.

DATES: This rule is effective on March 19, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2017-0150. 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 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. The 
EPA requests that if at all possible, you contact the contact listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post 
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. 
Mr. Dahl's telephone number is (617) 918-1657; email address: 
[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. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 14, 2017, EPA published a Notice of Proposed Rulemaking 
(NPR) (82 FR 37829) and Direct Final Rulemaking (DFRN) (82 FR 37819) 
proposing to approve and approving, respectively, Connecticut's 
demonstration that its nonattainment new source review regulations 
approved into the state implementation plan meet the requirements of 
the 2008 8-hour ozone standard. The demonstration was submitted on 
March 9, 2017 by the CT DEEP as a SIP revision. In the DFRN, EPA stated 
that if an adverse comment were to be submitted to EPA by September 13, 
2017, the action would be withdrawn and not take effect, and a final 
rule would be issued based on the NPR. EPA received one adverse comment 
prior to the close of the comment period. Therefore, EPA withdrew the 
DFRN on October 13, 2017 (82 FR 47630). This action is a final rule 
based on the NPR. A detailed discussion of Connecticut's March 9, 2017 
SIP revision and EPA's rationale for approving the SIP revision was 
provided in the DFRN and will not be restated here, except to the 
extent it is relevant to our response to the public comment we 
received.

II. Response to Comment

    EPA received one adverse comment on its August 14, 2017 (82 FR 
37829) Notice of Proposed Rulemaking.
    Comment: The commenter stated that EPA is required to evaluate 
Connecticut's NNSR SIP as it relates to the ozone transport region 
(OTR) requirements in section 184 of the CAA.
    Response: The Connecticut SIP's NNSR requirements are at least as 
stringent, and in some instances more

[[Page 6969]]

stringent, than what is required by CAA section 184. That is the reason 
why EPA's DFRN did not discuss the section 184 requirements. As stated 
in the DFRN, Connecticut's SIP-approved NNSR regulation contains the 
CAA's NNSR requirements applicable to serious and severe nonattainment 
areas, even though the two nonattainment areas in the State are now 
classified as moderate nonattainment under the 2008 8-hour ozone NAAQS. 
Connecticut retained these requirements based on its designations and 
classifications associated with the earlier, revoked 1-hour ozone 
standard, effective November 15, 1990. For example, the Connecticut 
SIP's major stationary source threshold for nitrogen oxides 
(NOX) and volatile organic compounds (VOC) in the area of 
the State defined in the SIP as a ``Severe nonattainment area for 
ozone'' is 25 tons per year. The SIP defines ``Severe nonattainment 
area for ozone'' as 24 specific towns, independently from how these 
towns are currently classified under the ozone NAAQS. The SIP defines 
the remaining towns in the State as ``Serious nonattainment area for 
ozone.'' The Connecticut SIP's major stationary source threshold for 
NOX and VOC in the area of the State defined in the SIP as a 
``Serious nonattainment area for ozone'' is 50 tons per year. Section 
184(b)(2) of the CAA provides that stationary sources that emit or have 
the potential to emit at least 50 tons per year of VOCs shall be 
considered a major stationary source and are subject to the 
requirements that would be applicable to major stationary sources if 
the area were classified as a moderate nonattainment area. For areas 
within the OTR that are classified as marginal nonattainment, moderate 
nonattainment, attainment, or unclassifiable, the major stationary 
source threshold for sources of NOX is 100 tons per year. 
See 40 CFR 51.165(a)(1)(iv)(A)(2). Thus, Connecticut's NNSR SIP 
contains major stationary source thresholds that are at least as 
stringent as, and in some instances more stringent than, the thresholds 
required by CAA section 184 and EPA's implementing regulations.
    Connecticut's NNSR SIP also contains more stringent modification 
thresholds for VOC and NOX, as precursors to ozone, in the 
State's SIP definition of ``Major modification.'' The Connecticut SIP's 
major modification thresholds for NOX and VOC are both 25 
tons per year. Under the CAA's implementing regulations, for areas 
within the OTR that are classified as marginal nonattainment, moderate 
nonattainment, attainment, or unclassifiable, the major modification 
thresholds for both ozone precursors is 40 tons per year. See 40 CFR 
51.165(a)(1)(x). Thus, Connecticut's NNSR SIP contains major 
modification thresholds that are more stringent than the thresholds 
required by CAA section 184 and EPA's implementing regulations.
    Connecticut's NNSR SIP is at least as stringent in all respects as 
compared to the OTR requirements contained in CAA section 184. By 
demonstrating that Connecticut's NNSR SIP meets the requirements for 
serious or severe nonattainment areas, the Connecticut SIP is shown to 
be as stringent, or in some instances, more stringent, than the 
requirements of section 184 of the CAA as it pertains to the NNSR 
permit program.

III. Final Action

    EPA is approving Connecticut's March 9, 2017, SIP revision 
addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for 
both nonattainment areas in the State. The approval encompasses both 
the original designations under the 2008 8-hour ozone NAAQS of marginal 
and the subsequent reclassification of both nonattainment areas to 
moderate. The approval also includes the applicable NNSR provisions of 
Connecticut's regulations that satisfy the CAA's anti-backsliding 
requirements. That is, Connecticut's SIP retains the NNSR requirements 
applicable to serious and severe nonattainment areas (associated with 
the earlier, revoked 1-hour ozone standard), even though the two 
nonattainment areas in the State are now classified as moderate 
nonattainment areas for the 2008 ozone NAAQS. By demonstrating that 
Connecticut's SIP meets the NNSR requirements for serious and severe 
nonattainment areas, EPA has concluded that the State's submission 
fulfills the requirements of 40 CFR 51.1114, and meets the requirements 
of CAA sections 110, 182, and 184 as well as the minimum SIP 
requirements of 40 CFR 51.165.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 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

[[Page 6970]]

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 Second Circuit by April 17, 2018. Filing a petition 
for reconsideration by the Administrator of this final rule does not 
affect the finality of this action for the purposes of judicial review 
nor does it extend the time within which a petition for judicial review 
may be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 6, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart H--Connecticut

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


Sec.  52.377  Control strategy: Ozone.

* * * * *
    (r) Approval--Submittal from the Connecticut Department of Energy 
and Environmental Protection dated March 9, 2017, to address the 
nonattainment new source review requirements for the 2008 8-hour ozone 
NAAQS for the Greater Connecticut and the New York-N. New Jersey-Long 
Island, NY-NJ-CT ozone nonattainment areas, as it meets the 
requirements for both the State's marginal and moderate 
classifications.

[FR Doc. 2018-03252 Filed 2-15-18; 8:45 am]
BILLING CODE 6560-50-P



                                             6968              Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

                                             coordinate protest activities so that your              ENVIRONMENTAL PROTECTION                              Office’s official hours of business are
                                             message can be received without                         AGENCY                                                Monday through Friday, 8:30 a.m. to
                                             jeopardizing the safety or security of                                                                        4:30 p.m., excluding legal holidays.
                                             people, places or vessels.                              40 CFR Part 52                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                     [EPA–R01–OAR–2017–0150; FRL–9973–18–                  Donald Dahl, U.S. Environmental
                                             List of Subjects in 33 CFR Part 165                                                                           Protection Agency, EPA New England
                                                                                                     Region 1]
                                               Harbors, Marine Safety, Navigation                                                                          Regional Office, Office of Ecosystem
                                                                                                     Air Plan Approval; Connecticut;                       Protection, Air Permits, Toxics, and
                                             (water), Reporting and Recordkeeping
                                                                                                     Nonattainment New Source Review                       Indoor Programs Unit, 5 Post Office
                                             Requirements, Security Measures,                        Permit Requirements for the 2008
                                             Waterways.                                                                                                    Square—Suite 100, (Mail code OEP05–
                                                                                                     8-Hour Ozone Standard                                 2), Boston, MA 02109–3912. Mr. Dahl’s
                                               For the reasons discussed in the                      AGENCY:  Environmental Protection                     telephone number is (617) 918–1657;
                                             preamble, the Coast Guard amends 33                     Agency (EPA).                                         email address: dahl.donald@epa.gov.
                                             CFR part 165 as follows:                                ACTION: Final rule.                                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                           Throughout this document whenever
                                             PART 165—REGULATED NAVIGATION                           SUMMARY:    The Environmental Protection              ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                             AREAS AND LIMITED ACCESS AREAS                          Agency (EPA) is taking final action to                EPA.
                                                                                                     approve the state implementation plan
                                                                                                                                                           Table of Contents
                                             ■ 1. The authority citation for part 165                (SIP) revision submitted on March 9,
                                             continues to read as follows:                           2017 by the Connecticut Department of                 I. Background and Purpose
                                                                                                     Energy and Environmental Protection                   II. Response to Comment
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   III. Final Action
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                     (CT DEEP) addressing the
                                                                                                     nonattainment new source review                       IV. Statutory and Executive Order Reviews
                                             Department of Homeland Security Delegation
                                             No. 0170.1.
                                                                                                     (NNSR) requirements for the 2008                      I. Background and Purpose
                                                                                                     8-hour ozone National Ambient Air                        On August 14, 2017, EPA published a
                                             ■ 2. Add § 165.T08–0998 to read as                      Quality Standard (NAAQS). The SIP
                                                                                                                                                           Notice of Proposed Rulemaking (NPR)
                                             follows:                                                revision addresses both of Connecticut’s
                                                                                                                                                           (82 FR 37829) and Direct Final
                                                                                                     ozone nonattainment areas for the 2008
                                                                                                                                                           Rulemaking (DFRN) (82 FR 37819)
                                             § 165.T08–0998 Safety Zone; Pensacola                   ozone NAAQS; the Greater Connecticut
                                             Bay, Pensacola, FL.                                                                                           proposing to approve and approving,
                                                                                                     area and the Connecticut portion of the
                                                                                                                                                           respectively, Connecticut’s
                                               (a) Location. The following area is a                 New York-N. New Jersey-Long Island,
                                                                                                                                                           demonstration that its nonattainment
                                             temporary safety zone: All navigable                    NY–NJ–CT area. The Connecticut
                                                                                                                                                           new source review regulations approved
                                                                                                     portion of the New York-N. New Jersey-
                                             waters of the Pensacola Bay within 500                                                                        into the state implementation plan meet
                                                                                                     Long Island, NY–NJ–CT ozone
                                             yards of the construction of the new                                                                          the requirements of the 2008 8-hour
                                                                                                     nonattainment area consists of Fairfield,
                                             Pensacola Bay Bridge.                                                                                         ozone standard. The demonstration was
                                                                                                     New Haven, and Middlesex counties.
                                               (b) Enforcement period. This section                  The Greater Connecticut nonattainment                 submitted on March 9, 2017 by the CT
                                             will be enforced from February 7, 2018                  area includes the rest of the State. This             DEEP as a SIP revision. In the DFRN,
                                                                                                     action is being taken pursuant to the                 EPA stated that if an adverse comment
                                             through December 31, 2020.
                                                                                                     Clean Air Act (CAA or Act) and its                    were to be submitted to EPA by
                                               (c) Regulations. In accordance with                                                                         September 13, 2017, the action would
                                             the general regulations in § 165.23,                    implementing regulations.
                                                                                                                                                           be withdrawn and not take effect, and
                                             persons and vessels entering this safety                DATES: This rule is effective on March
                                                                                                                                                           a final rule would be issued based on
                                             zone must transit at idle or the slowest                19, 2018.
                                                                                                                                                           the NPR. EPA received one adverse
                                             safe speed and comply with all lawful                   ADDRESSES: EPA has established a                      comment prior to the close of the
                                             directions issued by the Captain of the                 docket for this action under Docket                   comment period. Therefore, EPA
                                             Port Sector Mobile (COTP) or a                          Identification No. EPA–R01–OAR–                       withdrew the DFRN on October 13,
                                             designated representative.                              2017–0150. All documents in the docket                2017 (82 FR 47630). This action is a
                                                                                                     are listed on the https://                            final rule based on the NPR. A detailed
                                               (d) Informational broadcasts. The                     www.regulations.gov website. Although
                                             COTP or a designated representative                                                                           discussion of Connecticut’s March 9,
                                                                                                     listed in the index, some information is              2017 SIP revision and EPA’s rationale
                                             will inform the public through                          not publicly available, i.e., CBI or other            for approving the SIP revision was
                                             broadcast notices to mariners of the                    information whose disclosure is                       provided in the DFRN and will not be
                                             enforcement period for the temporary                    restricted by statute. Certain other                  restated here, except to the extent it is
                                             safety zone as well as any changes in the               material, such as copyrighted material,               relevant to our response to the public
                                             planned schedule.                                       is not placed on the internet and will be             comment we received.
                                               Dated: February 7, 2018.                              publicly available only in hard copy
                                                                                                     form. Publicly available docket                       II. Response to Comment
                                             M.R. McLellan,
                                                                                                     materials are available at https://                      EPA received one adverse comment
                                             Captain, U.S. Coast Guard, Captain of the               www.regulations.gov or at the U.S.                    on its August 14, 2017 (82 FR 37829)
                                             Port Sector Mobile.                                     Environmental Protection Agency, EPA                  Notice of Proposed Rulemaking.
                                             [FR Doc. 2018–03239 Filed 2–15–18; 8:45 am]             New England Regional Office, Office of                   Comment: The commenter stated that
                                                                                                     Ecosystem Protection, Air Quality
daltland on DSKBBV9HB2PROD with RULES




                                             BILLING CODE 9110–04–P                                                                                        EPA is required to evaluate
                                                                                                     Planning Unit, 5 Post Office Square—                  Connecticut’s NNSR SIP as it relates to
                                                                                                     Suite 100, Boston, MA. The EPA                        the ozone transport region (OTR)
                                                                                                     requests that if at all possible, you                 requirements in section 184 of the CAA.
                                                                                                     contact the contact listed in the FOR                    Response: The Connecticut SIP’s
                                                                                                     FURTHER INFORMATION CONTACT section to                NNSR requirements are at least as
                                                                                                     schedule your inspection. The Regional                stringent, and in some instances more


                                        VerDate Sep<11>2014   17:46 Feb 15, 2018   Jkt 244001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\16FER1.SGM   16FER1


                                                               Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations                                          6969

                                             stringent, than what is required by CAA                 nonattainment, attainment, or                         approves state law as meeting Federal
                                             section 184. That is the reason why                     unclassifiable, the major modification                requirements and does not impose
                                             EPA’s DFRN did not discuss the section                  thresholds for both ozone precursors is               additional requirements beyond those
                                             184 requirements. As stated in the                      40 tons per year. See 40 CFR                          imposed by state law. For that reason,
                                             DFRN, Connecticut’s SIP-approved                        51.165(a)(1)(x). Thus, Connecticut’s                  this action:
                                             NNSR regulation contains the CAA’s                      NNSR SIP contains major modification                     • Is not a significant regulatory action
                                             NNSR requirements applicable to                         thresholds that are more stringent than               subject to review by the Office of
                                             serious and severe nonattainment areas,                 the thresholds required by CAA section                Management and Budget under
                                             even though the two nonattainment                       184 and EPA’s implementing                            Executive Orders 12866 (58 FR 51735,
                                             areas in the State are now classified as                regulations.                                          October 4, 1993) and 13563 (76 FR 3821,
                                             moderate nonattainment under the 2008                      Connecticut’s NNSR SIP is at least as              January 21, 2011);
                                             8-hour ozone NAAQS. Connecticut                         stringent in all respects as compared to                 • Does not impose an information
                                             retained these requirements based on its                the OTR requirements contained in                     collection burden under the provisions
                                             designations and classifications                        CAA section 184. By demonstrating that                of the Paperwork Reduction Act (44
                                             associated with the earlier, revoked                    Connecticut’s NNSR SIP meets the                      U.S.C. 3501 et seq.);
                                             1-hour ozone standard, effective                        requirements for serious or severe                       • Is certified as not having a
                                             November 15, 1990. For example, the                     nonattainment areas, the Connecticut                  significant economic impact on a
                                             Connecticut SIP’s major stationary                      SIP is shown to be as stringent, or in                substantial number of small entities
                                             source threshold for nitrogen oxides                    some instances, more stringent, than the              under the Regulatory Flexibility Act (5
                                             (NOX) and volatile organic compounds                    requirements of section 184 of the CAA                U.S.C. 601 et seq.);
                                             (VOC) in the area of the State defined in               as it pertains to the NNSR permit                        • Does not contain any unfunded
                                             the SIP as a ‘‘Severe nonattainment area                program.                                              mandate or significantly or uniquely
                                             for ozone’’ is 25 tons per year. The SIP                                                                      affect small governments, as described
                                                                                                     III. Final Action
                                             defines ‘‘Severe nonattainment area for                                                                       in the Unfunded Mandates Reform Act
                                                                                                        EPA is approving Connecticut’s                     of 1995 (Public Law 104–4);
                                             ozone’’ as 24 specific towns,
                                             independently from how these towns
                                                                                                     March 9, 2017, SIP revision addressing                   • Does not have Federalism
                                                                                                     the NNSR requirements for the 2008                    implications as specified in Executive
                                             are currently classified under the ozone
                                                                                                     8-hour ozone NAAQS for both                           Order 13132 (64 FR 43255, August 10,
                                             NAAQS. The SIP defines the remaining
                                                                                                     nonattainment areas in the State. The                 1999);
                                             towns in the State as ‘‘Serious
                                                                                                     approval encompasses both the original                   • Is not an economically significant
                                             nonattainment area for ozone.’’ The
                                                                                                     designations under the 2008 8-hour                    regulatory action based on health or
                                             Connecticut SIP’s major stationary
                                                                                                     ozone NAAQS of marginal and the                       safety risks subject to Executive Order
                                             source threshold for NOX and VOC in                     subsequent reclassification of both                   13045 (62 FR 19885, April 23, 1997);
                                             the area of the State defined in the SIP                nonattainment areas to moderate. The                     • Is not a significant regulatory action
                                             as a ‘‘Serious nonattainment area for                   approval also includes the applicable                 subject to Executive Order 13211 (66 FR
                                             ozone’’ is 50 tons per year. Section                    NNSR provisions of Connecticut’s                      28355, May 22, 2001);
                                             184(b)(2) of the CAA provides that                      regulations that satisfy the CAA’s anti-                 • Is not subject to requirements of
                                             stationary sources that emit or have the                backsliding requirements. That is,                    section 12(d) of the National
                                             potential to emit at least 50 tons per                  Connecticut’s SIP retains the NNSR                    Technology Transfer and Advancement
                                             year of VOCs shall be considered a                      requirements applicable to serious and                Act of 1995 (15 U.S.C. 272 note) because
                                             major stationary source and are subject                 severe nonattainment areas (associated                application of those requirements would
                                             to the requirements that would be                       with the earlier, revoked 1-hour ozone                be inconsistent with the Clean Air Act;
                                             applicable to major stationary sources if               standard), even though the two                        and
                                             the area were classified as a moderate                  nonattainment areas in the State are                     • Does not provide EPA with the
                                             nonattainment area. For areas within the                now classified as moderate                            discretionary authority to address, as
                                             OTR that are classified as marginal                     nonattainment areas for the 2008 ozone                appropriate, disproportionate human
                                             nonattainment, moderate                                 NAAQS. By demonstrating that                          health or environmental effects, using
                                             nonattainment, attainment, or                           Connecticut’s SIP meets the NNSR                      practicable and legally permissible
                                             unclassifiable, the major stationary                    requirements for serious and severe                   methods, under Executive Order 12898
                                             source threshold for sources of NOX is                  nonattainment areas, EPA has                          (59 FR 7629, February 16, 1994).
                                             100 tons per year. See 40 CFR                           concluded that the State’s submission                    In addition, the SIP is not approved
                                             51.165(a)(1)(iv)(A)(2). Thus,                           fulfills the requirements of 40 CFR                   to apply on any Indian reservation land
                                             Connecticut’s NNSR SIP contains major                   51.1114, and meets the requirements of                or in any other area where EPA or an
                                             stationary source thresholds that are at                CAA sections 110, 182, and 184 as well                Indian tribe has demonstrated that a
                                             least as stringent as, and in some                      as the minimum SIP requirements of 40                 tribe has jurisdiction. In those areas of
                                             instances more stringent than, the                      CFR 51.165.                                           Indian country, the rule does not have
                                             thresholds required by CAA section 184                                                                        tribal implications and will not impose
                                             and EPA’s implementing regulations.                     IV. Statutory and Executive Order                     substantial direct costs on tribal
                                                Connecticut’s NNSR SIP also contains                 Reviews                                               governments or preempt tribal law as
                                             more stringent modification thresholds                    Under the Clean Air Act, the                        specified by Executive Order 13175 (65
                                             for VOC and NOX, as precursors to                       Administrator is required to approve a                FR 67249, November 9, 2000).
                                             ozone, in the State’s SIP definition of                 SIP submission that complies with the                    The Congressional Review Act, 5
                                             ‘‘Major modification.’’ The Connecticut                 provisions of the Act and applicable                  U.S.C. 801 et seq., as added by the Small
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                                             SIP’s major modification thresholds for                 Federal regulations. 42 U.S.C. 7410(k);               Business Regulatory Enforcement
                                             NOX and VOC are both 25 tons per year.                  40 CFR 52.02(a). Thus, in reviewing SIP               Fairness Act of 1996, generally provides
                                             Under the CAA’s implementing                            submissions, EPA’s role is to approve                 that before a rule may take effect, the
                                             regulations, for areas within the OTR                   state choices, provided that they meet                agency promulgating the rule must
                                             that are classified as marginal                         the criteria of the Clean Air Act.                    submit a rule report, which includes a
                                             nonattainment, moderate                                 Accordingly, this action merely                       copy of the rule, to each House of the


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                                             6970              Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

                                             Congress and to the Comptroller General                 the requirements for both the State’s                 SUPPLEMENTARY INFORMATION:
                                             of the United States. EPA will submit a                 marginal and moderate classifications.                Throughout this document, ‘‘we,’’ ‘‘us,’’
                                             report containing this action and other                 [FR Doc. 2018–03252 Filed 2–15–18; 8:45 am]           and ‘‘our’’ refer to the EPA.
                                             required information to the U.S. Senate,                BILLING CODE 6560–50–P                                Table of Contents
                                             the U.S. House of Representatives, and
                                             the Comptroller General of the United                                                                         I. What action is the EPA taking today?
                                             States prior to publication of the rule in              ENVIRONMENTAL PROTECTION                              II. What significant comments were received
                                             the Federal Register. A major rule                      AGENCY                                                     in response to the EPA’s proposed
                                             cannot take effect until 60 days after it                                                                          action?
                                                                                                     40 CFR Part 52                                        III. What are the EPA’s conclusions?
                                             is published in the Federal Register.                                                                         IV. Incorporation by Reference
                                             This action is not a ‘‘major rule’’ as                  [EPA–R02–OAR–2017–0340; FRL–9974–47–                  V. Statutory and Executive Order Reviews
                                             defined by 5 U.S.C. 804(2).                             Region 2]
                                                Under section 307(b)(1) of the Clean                                                                       I. What action is the EPA taking today?
                                             Air Act, petitions for judicial review of               Approval and Revision of Air Quality                     The EPA is approving a source-
                                             this action must be filed in the United                 Implementation Plans; State of New                    specific State Implementation Plan (SIP)
                                             States Court of Appeals for the Second                  York; Regional Haze State and Federal                 revision for Units 1 and 2 of the Roseton
                                             Circuit by April 17, 2018. Filing a                     Implementation Plans                                  Generating Station submitted by the
                                             petition for reconsideration by the                     AGENCY:  Environmental Protection                     New York State Department of
                                             Administrator of this final rule does not               Agency.                                               Environmental Conservation (NYSDEC)
                                             affect the finality of this action for the              ACTION: Final rule.
                                                                                                                                                           on April 18, 2017. The EPA is approving
                                             purposes of judicial review nor does it                                                                       emission limits for sulfur dioxide (SO2)
                                             extend the time within which a petition                 SUMMARY:    The Environmental Protection              for Roseton Units 1 and 2 that are
                                             for judicial review may be filed, and                   Agency (EPA) is approving a source-                   equivalent to the emission limits
                                             shall not postpone the effectiveness of                 specific revision to the New York State               established by the EPA’s Federal
                                             such rule or action. This action may not                Implementation Plan (SIP). The SIP                    Implementation Plan (FIP), which was
                                             be challenged later in proceedings to                   revision establishes Best Available                   promulgated on August 28, 2012 (77 FR
                                             enforce its requirements. (See section                  Retrofit Technology (BART) emission                   51915).
                                             307(b)(2).)                                             limits for sulfur dioxide that are                       In its submittal, the NYSDEC
                                                                                                     identical to those set by the EPA’s                   included the following BART emission
                                             List of Subjects in 40 CFR Part 52                      Federal Implementation Plan (FIP) for                 limits for Roseton Units 1 and 2: 0.55
                                               Environmental protection, Air                         the Roseton Generating Station, Units 1               pounds of SO2 per million British
                                             pollution control, Incorporation by                     and 2, which was promulgated in an                    thermal unit (lb SO2/MMBtu) calculated
                                             reference, Intergovernmental relations,                 action taken on August 28, 2012. The                  on a 24-hour average for each unit.1 As
                                             Nitrogen dioxide, Ozone, Reporting and                  EPA finds that the SIP revision fulfills              a result of the EPA’s approval, the EPA
                                             recordkeeping requirements, Volatile                    the requirements of the Clean Air Act                 is withdrawing those portions of the FIP
                                             organic compounds.                                      and the EPA’s Regional Haze Rule for                  that address BART for Roseton Units 1
                                                                                                     Roseton Units 1 and 2. In conjunction                 and 2. The reader is referred to the
                                               Dated: February 6, 2018.
                                                                                                     with this approval, the EPA is                        EPA’s proposal, 82 FR 48942 (October
                                             Alexandra Dapolito Dunn,                                withdrawing the FIP that addresses                    23, 2017), for a detailed discussion of
                                             Regional Administrator, EPA New England.                BART for Roseton Units 1 and 2.                       this SIP revision.
                                               Part 52 of chapter I, title 40 of the                 DATES: This rule is effective on March
                                                                                                                                                           II. What significant comments were
                                             Code of Federal Regulations is amended                  19, 2018.
                                                                                                                                                           received in response to the EPA’s
                                             as follows:                                             ADDRESSES: The EPA has established a                  proposed action?
                                                                                                     docket for this action under Docket ID
                                             PART 52—APPROVAL AND                                    No. EPA–R02–OAR–2017–0340. All                           During the public comment period,
                                             PROMULGATION OF                                         documents in the docket are listed on                 three interested parties submitted
                                             IMPLEMENTATION PLANS                                    the www.regulations.gov website.                      comments on the EPA’s proposal. Two
                                                                                                     Although listed in the index, some                    comments expressed support of this
                                             ■ 1. The authority citation for part 52                 information is not publicly available,                action. A third commenter expressed
                                             continues to read as follows:                           e.g., confidential business information               support for the benefits of reduced
                                                                                                     (CBI) or other information whose                      sulfur for public health and raised the
                                                 Authority: 42 U.S.C. 7401 et seq.
                                                                                                     disclosure is restricted by statute.                  following two additional comments.
                                             Subpart H—Connecticut                                   Certain other material, such as                          Comment 1: The commenter
                                                                                                     copyrighted material, is not placed on                questioned the need for the SIP revision
                                             ■ 2. Section 52.377 is amended by                       the internet and will be publicly                     since the FIP was already in place.
                                             adding paragraph (r) to read as follows:                available only in hard copy form.                        Response: The Clean Air Act (CAA)
                                                                                                     Publicly available docket materials are               obligates the EPA to act on a State’s SIP
                                             § 52.377    Control strategy: Ozone.                    available through www.regulations.gov,                submittal or revision, provided the
                                             *      *    *    *     *                                or please contact the person identified               submittal meets minimum completeness
                                                (r) Approval—Submittal from the                      in the FOR FURTHER INFORMATION                        criteria. CAA section 110(k) (1); 40 CFR
                                             Connecticut Department of Energy and                    CONTACT section for additional available
                                                                                                                                                             1 In the SIP submittal and in subsequent
                                             Environmental Protection dated March                    information.
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                                                                                                                                                           correspondence with the EPA, NYSDEC notes the
                                             9, 2017, to address the nonattainment                   FOR FURTHER INFORMATION CONTACT:                      oxides of nitrogen (NOX) and Particulate Matter
                                             new source review requirements for the                  Irene B. Nielson, Environmental                       (PM) limits for Roseton Generating Station Units 1
                                             2008 8-hour ozone NAAQS for the                         Protection Agency, Air Programs                       and 2, which were not subject to the FIP and are
                                                                                                                                                           not part of this SIP action, are consistent with
                                             Greater Connecticut and the New York-                   Branch, 290 Broadway, New York, New                   BART limits approved by EPA in its August 28,
                                             N. New Jersey-Long Island, NY–NJ–CT                     York 10007–1866 at 212–637–3586 or                    2012 Final Action on New York’s Regional Haze SIP
                                             ozone nonattainment areas, as it meets                  by email at nielson.irene@epa.gov.                    (77 FR 51915).



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Document Created: 2018-02-16 00:55:27
Document Modified: 2018-02-16 00:55:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on March 19, 2018.
ContactDonald Dahl, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912.
FR Citation83 FR 6968 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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