Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Prevention of Significant Deterioration and Nonattainment New Source Review, 43960-43964 [2015-17664]

Download as PDF 43960 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 22, 2015. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Lead, Reporting and recordkeeping requirements. Dated: July 14, 2015. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. ■ 2. Add § 52.1188 to read as follows: rmajette on DSK2VPTVN1PROD with RULES § 52.1188 Control strategy: Lead (Pb). (a) Based upon EPA’s review of the air quality data for the three-year period 2012 to 2014, EPA determined that the Belding, MI Pb nonattainment area has attained the 2008 Pb National Ambient Air Quality Standard (NAAQS). This clean data determination suspends the requirements for this area to submit an VerDate Sep<11>2014 14:07 Jul 23, 2015 Jkt 235001 attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard as long as this area continues to meet the 2008 Pb NAAQS. (b) [Reserved] [FR Doc. 2015–18103 Filed 7–23–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2014–0842; A–1–FRL– 9927–32–Region 1] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Prevention of Significant Deterioration and Nonattainment New Source Review Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to fully approve revisions to the State of Connecticut’s State Implementation Plan (SIP) relating to regulation of fine particulate matter (PM2.5) emissions within the context of EPA’s Prevention of Significant Deterioration (PSD) regulations. EPA is also approving clarifications to the applicability section of Connecticut’s Nonattainment New Source Review (NNSR) regulations. These revisions will be part of Connecticut’s major stationary source preconstruction permitting programs, and are intended to align Connecticut’s regulations with the federal PSD and NNSR regulations. This action is being taken in accordance with the Clean Air Act (CAA). DATES: This direct final rule will be effective September 22, 2015, unless EPA receives adverse comments by August 24, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R01–OAR–2014–0842 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: dahl.donald@epa.gov 3. Fax: (617) 918–0657. 4. Mail: ‘‘Docket Identification Number EPA–R01–OAR–2014–0842’’, Donald Dahl, U.S. Environmental SUMMARY: PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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. 5. Hand Delivery or Courier: Deliver your comments to: 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. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Instructions: Direct your comments to Docket ID No. EPA–R01–OAR–2014– 0842. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov, or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information may not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, 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. In addition, a copy of the state submittal is also available for public inspection during normal business hours, by appointment at the State Air Agency; the Bureau of Air Management, Department of Energy and Environmental Protection, State Office Building, 79 Elm Street, Hartford, CT 06106–1630. 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: dahl.donald@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. Table of Contents I. What is the background for EPA’s action? II. What is EPA’s analysis of Connecticut’s proposed SIP revisions? A. Connecticut’s September 27, 2012 SIP Submission B. Connecticut’s October 9, 2012 SIP Submission III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews rmajette on DSK2VPTVN1PROD with RULES I. What is the background for EPA’s action? On September 27, 2012 and October 9, 2012, the State of Connecticut’s Department of Energy and Environmental Protection (CT DEEP) submitted to EPA proposed formal revisions to Connecticut’s State Implementation Plan (SIP). The submitted SIP revisions consist of: (1) Amendments to Connecticut’s PSD regulations and tables to address PM2.5 emissions; (2) a notice requirement to be VerDate Sep<11>2014 14:07 Jul 23, 2015 Jkt 235001 provided to states affected by emissions from major new or modified construction; (3) one modified definition relating to the State’s PSD program; (4) language amending an existing section of the State’s NNSR SIP regulations for purposes of clarification; and (5) the addition of PM2.5 in an emissions offset provision of the State’s NNSR regulations. Each of these revisions relates to requirements contained in EPA’s regulations codified at either 40 CFR 51.165 (NNSR) or 51.166 (PSD). II. What is EPA’s analysis of Connecticut’s proposed SIP revisions? Connecticut is currently a SIPapproved state for all CAA major stationary source preconstruction permitting programs, PSD and NNSR. EPA’s analysis of Connecticut’s September 27, 2012 and October 9, 2012 submissions in relation to those federal programs appears below. A. Connecticut’s September 27, 2012 SIP Submission Connecticut’s submission included sections 22a–174–2a(b)(5)(E) and (b)(6) of its air program regulations. Those provisions clarify when and which entities will receive from the CT DEEP a copy of the notice of the State’s ‘‘tentative determination’’ (or draft major stationary source preconstruction permit). More specifically, Connecticut’s SIP-approved regulations had not previously contained a provision requiring notice (prior to issuance of a PSD permit) to states whose air quality may be affected by emissions from a major new or modified source. EPA identified this missing requirement when determining whether Connecticut’s SIP met the affected state notification requirement in CAA section 110(a)(2)(D)(ii) and 40 CFR 51.166(q)(2)(iv). On October 16, 2012, EPA conditionally approved Connecticut’s infrastructure SIP for the 1997 and 2006 PM2.5 standards. See 77 FR 63228. The portion of the October 16, 2012 conditional approval addressed by the State’s September 27, 2012 SIP revision involved the requirement that Connecticut notify other affected states prior to issuing a PSD permit. EPA has analyzed the submitted provisions and has determined that they are consistent with EPA’s regulations, including the requirement at 40 CFR 51.166(q)(2)(iv) applicable to affected state notice. Therefore, EPA is fully approving the revisions into Connecticut’s SIP. PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 43961 B. Connecticut’s October 9, 2012 SIP Submission Connecticut’s submission addresses PM2.5 emissions requirements for PSD permitting by adding PM2.5 to several sections of the State’s SIP regulations. These sections are Section 22a–174–1 (definition of ‘‘Major source baseline date’’) and Tables 3a(i)–1 (Ambient Impact 1), 3a(k)–1 (Significant Emission Rate Thresholds) and 3a(k)–2 (PSD Increment) in Section 22a–174–3a. Connecticut’s SIP-approved regulations had not previously contained provisions that addressed PM2.5 requirements for PSD permitting. EPA identified these missing requirements when determining whether Connecticut’s infrastructure SIP met the requirements of a fully approved PSD program set forth in CAA sections 110(a)(2)(C), (D)(i)(II) and (J). On October 16, 2012, EPA conditionally approved Connecticut’s infrastructure SIP for the 1997 and 2006 PM2.5 standards. See 77 FR 63228. The portion of EPA’s October 16, 2012 conditional approval addressed by the State’s October 9, 2012 SIP revision submission involved establishing a Significant Emission Rate Threshold for PM2.5 emissions and precursors to PM2.5, PM2.5 increment, and adding PM2.5 to the definition of ‘‘Major source baseline date.’’ The October 9, 2012 submission also included revisions to Connecticut’s NNSR regulations. These revisions are to Section 22a–174–3a(l)(1) (applicability), discussed in more detail below, and Section 22a–174– 3a(l)(4)(B)(iv), adding PM2.5 to a list of pollutants relevant to emissions offsets. We note, however, that Connecticut currently does not have any PM2.5 nonattainment areas. In EPA’s ‘‘Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers,’’ Final Rule, 73 FR 28321 (May 16, 2008), EPA established a new significance level for PM2.5 emissions. In EPA’s ‘‘Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5)—Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC),’’ Final Rule, 75 FR 64864 (October 20, 2010), EPA established increments, SILs, and SMCs for PM2.5 emissions. Both of these EPA rules required Connecticut to amend their state regulations for permitting major new and modified major 1 The values contained in Connecticut’s Ambient Impact table correspond to EPA’s Significant Impact Levels (SILs). E:\FR\FM\24JYR1.SGM 24JYR1 rmajette on DSK2VPTVN1PROD with RULES 43962 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations stationary sources in relation to the PM2.5 NAAQS. On January 22, 2013, the United States Court of Appeals for the District of Columbia Circuit granted a request from EPA to vacate and remand to EPA the portions of the PM2.5 PSD Increment-SILs-SMC Rule (40 CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) addressing the SILs for PM2.5 so that EPA could voluntarily correct an error in these provisions. See Sierra Club v. EPA, 705 F.3d 458, 463–66 (D.C. Cir. 2013). The court declined to vacate the SILs provision at 40 CFR 51.165(b)(2) that did not contain that same error. Id. The Court also vacated the part of the PM2.5 PSD Increment-SILs-SMC Rule establishing the PM2.5 SMC for the PSD permitting program, finding that EPA was precluded from using the PM2.5 SMC to exempt permit applicants from the statutory requirement to compile and submit preconstruction monitoring data as part of a complete PSD application. Id. at 469. On December 9, 2013, EPA issued a final rulemaking to remove the vacated PM2.5 SILs provisions and revising the existing PM2.5 SMC listed in 40 CFR 51.166(i)(5)(i)(c) to zero micrograms per cubic meter (0 mg/m3). See 78 FR 73698. Connecticut has never adopted an SMC for PM2.5 emissions pursuant to 40 CFR 51.166(i)(5), which was vacated by the United States Court of Appeals for the District of Columbia Circuit, because the provision is an optional element of a state’s program and Connecticut chose not to include that element in its program. Connecticut’s regulations also do not contain provisions that address the SIL provisions at 40 CFR 51.166(k)(2) vacated by the Court. EPA has analyzed the above-described amended sections of Connecticut’s regulations and has determined those sections are consistent with the requirements codified at 40 CFR 51.166, and therefore should be approved into Connecticut’s SIP. Connecticut’s October 9, 2012 submission also included amendments to certain sections of the State’s NNSR regulations. One change affected section 22a–174–3a(l)(1) of Connecticut’s regulations and was adopted to clarify that the applicability of the State’s NNSR requirements is triggered in designated nonattainment areas by emissions of the pollutant for which the area is designated nonattainment. As noted earlier, Connecticut also added PM2.5 emissions to a list of pollutants in section 22a–174– 3a(l)(4)(B)(iv), which addresses emission reduction credits. As also noted earlier, however, Connecticut VerDate Sep<11>2014 14:07 Jul 23, 2015 Jkt 235001 currently does not have any PM2.5 nonattainment areas. EPA has analyzed the above-described amended sections of Connecticut’s regulations and has determined those sections are consistent with the requirements codified at 40 CFR 51.165, and therefore should be approved into Connecticut’s SIP. The State’s October 9, 2012 submission also included an amendment to Table 3a(i)–1 of section 22a–174–3a, adding values for PM2.5 Ambient Impact (these values are equivalent conceptually to EPA’s SILs). The State’s October 9, 2012 submission also included section 22a–174– 3a(l)(l)(C), which requires sources to undergo NNSR and permitting even though they are located in attainment areas or areas that are unclassifiable, but only if the allowable emissions from such sources would cause or exacerbate a violation of a NAAQS in an adjacent nonattainment area. EPA is approving these two revisions to Connecticut’s SIP. In doing so, however, we note that section 22a–174–3a(l)(l)(C) contains a reference to Table 3a(i)–1 of section 22a–174–3a (the State’s Ambient Impact values) and specifies that if the modeled ambient impacts from a source’s allowable emissions would be below those impact values the NNSR permitting requirements of section 22a– 174–3a(l)(l)(C) would then not apply. EPA interprets this provision to only apply in the state’s NNSR permitting program to determine whether a source locating in an attainment or unclassifiable area will cause or exacerbate a violation of the NAAQS in an adjacent nonattainment area and thus be subject to NNSR review under the particular requirements of the Connecticut SIP. As this provision only appears in the state’s NNSR permitting rules, EPA does not interpret this provision to apply in Connecticut’s PSD permitting program to determine whether a proposed new or modified source would cause or contribute to a violation of the NAAQS anywhere. Thus, this narrowly drafted NNSR applicability provision and the manner in which Connecticut’s regulation applies the ambient impact values from Table 3a(i)–1 in this provision are not in conflict with the DC Circuit decision in Sierra Club v. EPA that vacated EPA’s SIL provision at 40 CFR 51.166(k)(2). EPA views Section 22a–174–3a(l)(l)(C) as a NNSR applicability provision that has no effect on Connecticut’s PSD permitting program, which still requires that a proposed new or modified source locating in an attainment or unclassifiable area to make an appropriate demonstration that it does PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 not cause or contribute to a violation of any NAAQS or increment. See Section 22a–174–3a(k) of CT DEEP’s regulations. III. Final Action Pursuant to section 110 of the CAA, EPA is fully approving Connecticut’s September 27, 2012 and October 9, 2012 SIP revisions. The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revisions should relevant adverse comments be filed. This rule will be effective September 22, 2015 without further notice unless the Agency receives relevant adverse comments by August 24, 2015. If the EPA receives such comments, then EPA will publish a notice withdrawing today’s final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 22, 2015 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the State of Connecticut Department of Energy and Environmental Protection Regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations rmajette on DSK2VPTVN1PROD with RULES V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have VerDate Sep<11>2014 14:07 Jul 23, 2015 Jkt 235001 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 September 22, 2015. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping, Sulfur oxides, Volatile organic compounds. Dated: April 20, 2015. H. Curtis Spalding, Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 43963 PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart H—Connecticut 2. Section 52.370 is amended by adding paragraphs (c)(107) and (108) to read as follows: ■ § 52.370 Identification of plan * * * * * (c) * * * (107) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on September 27, 2012. (i) Incorporation by reference. (A) Regulations of Connecticut State Agencies Section 22a–174–2a(b)(5) introductory text and Section 22a–174– 2a(b)(5)(E), as published in the Connecticut Law Journal on October 23, 2012, effective September 10, 2012. (B) Regulations of Connecticut State Agencies Section 22a–174–2a(b)(6), as published in the Connecticut Law Journal on October 23, 2012, effective September 10, 2012. (108) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on October 9, 2012. (i) Incorporation by reference. (A) Regulations of Connecticut State Agencies Section 22a–174–1(62), as published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (B) Regulations of Connecticut State Agencies Section 22a–174–3a(i), Table 3a(i)–1, published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (C) Regulations of Connecticut State Agencies revisions to Section 22a–174– 3a(k), Table 3a(k)–1, published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (D) Regulations of Connecticut State Agencies revisions to Section 22a–174– 3a(k), Table 3a(k)–2, published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (E) Regulations of Connecticut State Agencies revisions to Section 22a–174– 3a (l)(1), published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. (F) Regulations of Connecticut State Agencies revisions to Section 22a–174– 3a(l)(4)(B) introductory text and Section 22a–174–3a(l)(4)(B)(iv), published in the Connecticut Law Journal on October 16, 2012, effective September 10, 2012. E:\FR\FM\24JYR1.SGM 24JYR1 43964 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations 3. In § 52.385, Table 52.385 is amended by adding new entries to existing state citations for 22a–174–1, 22a–174–2a, and 22a–174–3a to read as follows: ■ § 52.385 EPA-approved Connecticut regulations. * * * * * TABLE 52.385—EPA-APPROVED REGULATIONS Dates Connecticut State citation Title/subject * 22a–174–1 ..... Federal Register citation Section 52.370 Date adopted by State Date approved by EPA * Definitions .......... * 9/10/2012 * [Insert Federal Register citation]. * 7/24/2015 * 22a–174–2a ... * Procedural Requirements for New Source Review and Title V Permitting. * 9/10/2012 * [Insert Federal Register citation]. * 7/24/2015 * 22a–174–3a ... * Permit to Construct and Operate Stationary Sources. * 9/10/2012 * [Insert Federal Register citation]. * 7/24/2015 * * * * * [FR Doc. 2015–17664 Filed 7–23–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2015–0172; FRL–9931–09– Region 6] Approval and Promulgation of Implementation Plans; New Mexico; Electronic Reporting Consistent With the Cross Media Electronic Reporting Rule Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Mexico. The revision pertains primarily to electronic reporting and would require electronic reporting of documents submitted for compliance with Clean Air Act (CAA) requirements. The revision also includes other changes which are non-substantive and primarily address updates to New SUMMARY: rmajette on DSK2VPTVN1PROD with RULES Comments/description VerDate Sep<11>2014 14:07 Jul 23, 2015 Jkt 235001 (c)(108) (c)(107) Frm 00054 Fmt 4700 Sfmt 4700 * * Only sections 22a–174–2a(b)(5)(E) and (b)(6) are being approved. (c)(108) Mexico Environment Department’s (NMED) document viewing locations. DATES: This rule is effective on September 22, 2015 without further notice, unless EPA receives relevant adverse comment by August 24, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2015–0172, by one of the following methods: • www.regulations.gov: Follow the on-line instructions. • Email: fuerst.sherry@epa.gov. • Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2015– 0172. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business PO 00000 * * Modified definition of ‘‘major source baseline date’’ for purposes of adding PM2.5. * * Added Ambient Impact values for PM2.5 in Table 3a(i)–1, Significant Emission Rate Thresholds for PM2.5 emissions and its precursors in Table 3a(k)–1, PM2.5 increment added to Table 3a(k)– 2, and PM2.5 added to section 22a–174–3a(l)(4)(B)(iv). Revised section 22a–174–3a(l)(1). * * Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through https://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD– ROM submitted. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. For additional information E:\FR\FM\24JYR1.SGM 24JYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Pages 43960-43964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17664]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0842; A-1-FRL-9927-32-Region 1]

Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Prevention of Significant Deterioration and Nonattainment
New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to fully approve revisions to the State of Connecticut's
State Implementation Plan (SIP) relating to regulation of fine
particulate matter (PM2.5) emissions within the context of
EPA's Prevention of Significant Deterioration (PSD) regulations. EPA is
also approving clarifications to the applicability section of
Connecticut's Nonattainment New Source Review (NNSR) regulations. These
revisions will be part of Connecticut's major stationary source
preconstruction permitting programs, and are intended to align
Connecticut's regulations with the federal PSD and NNSR regulations.
This action is being taken in accordance with the Clean Air Act (CAA).

DATES: This direct final rule will be effective September 22, 2015,
unless EPA receives adverse comments by August 24, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0842 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: dahl.donald@epa.gov
3. Fax: (617) 918-0657.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0842'',
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.
5. Hand Delivery or Courier: Deliver your comments to: 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. Such deliveries are only accepted during the
Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2014-0842. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information may not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material,

[[Page 43961]]

is not placed on the Internet and will be publicly available only in
hard copy form. Publicly available docket materials are available
either electronically in www.regulations.gov or in hard copy at U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, 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.
In addition, a copy of the state submittal is also available for
public inspection during normal business hours, by appointment at the
State Air Agency; the Bureau of Air Management, Department of Energy
and Environmental Protection, State Office Building, 79 Elm Street,
Hartford, CT 06106-1630.

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:
dahl.donald@epa.gov.

SUPPLEMENTARY INFORMATION:
Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.

Table of Contents

I. What is the background for EPA's action?
II. What is EPA's analysis of Connecticut's proposed SIP revisions?
A. Connecticut's September 27, 2012 SIP Submission
B. Connecticut's October 9, 2012 SIP Submission
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for EPA's action?

On September 27, 2012 and October 9, 2012, the State of
Connecticut's Department of Energy and Environmental Protection (CT
DEEP) submitted to EPA proposed formal revisions to Connecticut's State
Implementation Plan (SIP). The submitted SIP revisions consist of: (1)
Amendments to Connecticut's PSD regulations and tables to address
PM2.5 emissions; (2) a notice requirement to be provided to
states affected by emissions from major new or modified construction;
(3) one modified definition relating to the State's PSD program; (4)
language amending an existing section of the State's NNSR SIP
regulations for purposes of clarification; and (5) the addition of
PM2.5 in an emissions offset provision of the State's NNSR
regulations. Each of these revisions relates to requirements contained
in EPA's regulations codified at either 40 CFR 51.165 (NNSR) or 51.166
(PSD).

II. What is EPA's analysis of Connecticut's proposed SIP revisions?

Connecticut is currently a SIP-approved state for all CAA major
stationary source preconstruction permitting programs, PSD and NNSR.
EPA's analysis of Connecticut's September 27, 2012 and October 9, 2012
submissions in relation to those federal programs appears below.

A. Connecticut's September 27, 2012 SIP Submission

Connecticut's submission included sections 22a-174-2a(b)(5)(E) and
(b)(6) of its air program regulations. Those provisions clarify when
and which entities will receive from the CT DEEP a copy of the notice
of the State's ``tentative determination'' (or draft major stationary
source preconstruction permit). More specifically, Connecticut's SIP-
approved regulations had not previously contained a provision requiring
notice (prior to issuance of a PSD permit) to states whose air quality
may be affected by emissions from a major new or modified source. EPA
identified this missing requirement when determining whether
Connecticut's SIP met the affected state notification requirement in
CAA section 110(a)(2)(D)(ii) and 40 CFR 51.166(q)(2)(iv). On October
16, 2012, EPA conditionally approved Connecticut's infrastructure SIP
for the 1997 and 2006 PM2.5 standards. See 77 FR 63228. The
portion of the October 16, 2012 conditional approval addressed by the
State's September 27, 2012 SIP revision involved the requirement that
Connecticut notify other affected states prior to issuing a PSD permit.
EPA has analyzed the submitted provisions and has determined that
they are consistent with EPA's regulations, including the requirement
at 40 CFR 51.166(q)(2)(iv) applicable to affected state notice.
Therefore, EPA is fully approving the revisions into Connecticut's SIP.

B. Connecticut's October 9, 2012 SIP Submission

Connecticut's submission addresses PM2.5 emissions
requirements for PSD permitting by adding PM2.5 to several
sections of the State's SIP regulations. These sections are Section
22a-174-1 (definition of ``Major source baseline date'') and Tables
3a(i)-1 (Ambient Impact \1\), 3a(k)-1 (Significant Emission Rate
Thresholds) and 3a(k)-2 (PSD Increment) in Section 22a-174-3a.
---------------------------------------------------------------------------

\1\ The values contained in Connecticut's Ambient Impact table
correspond to EPA's Significant Impact Levels (SILs).
---------------------------------------------------------------------------

Connecticut's SIP-approved regulations had not previously contained
provisions that addressed PM2.5 requirements for PSD
permitting. EPA identified these missing requirements when determining
whether Connecticut's infrastructure SIP met the requirements of a
fully approved PSD program set forth in CAA sections 110(a)(2)(C),
(D)(i)(II) and (J). On October 16, 2012, EPA conditionally approved
Connecticut's infrastructure SIP for the 1997 and 2006 PM2.5
standards. See 77 FR 63228. The portion of EPA's October 16, 2012
conditional approval addressed by the State's October 9, 2012 SIP
revision submission involved establishing a Significant Emission Rate
Threshold for PM2.5 emissions and precursors to
PM2.5, PM2.5 increment, and adding
PM2.5 to the definition of ``Major source baseline date.''
The October 9, 2012 submission also included revisions to
Connecticut's NNSR regulations. These revisions are to Section 22a-174-
3a(l)(1) (applicability), discussed in more detail below, and Section
22a-174-3a(l)(4)(B)(iv), adding PM2.5 to a list of
pollutants relevant to emissions offsets. We note, however, that
Connecticut currently does not have any PM2.5 nonattainment
areas.
In EPA's ``Implementation of the New Source Review (NSR) Program
for Particulate Matter Less Than 2.5 Micrometers,'' Final Rule, 73 FR
28321 (May 16, 2008), EPA established a new significance level for
PM2.5 emissions. In EPA's ``Prevention of Significant
Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC),'' Final Rule, 75 FR 64864
(October 20, 2010), EPA established increments, SILs, and SMCs for
PM2.5 emissions. Both of these EPA rules required
Connecticut to amend their state regulations for permitting major new
and modified major

[[Page 43962]]

stationary sources in relation to the PM2.5 NAAQS.
On January 22, 2013, the United States Court of Appeals for the
District of Columbia Circuit granted a request from EPA to vacate and
remand to EPA the portions of the PM2.5 PSD Increment-SILs-
SMC Rule (40 CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) addressing the
SILs for PM2.5 so that EPA could voluntarily correct an
error in these provisions. See Sierra Club v. EPA, 705 F.3d 458, 463-66
(D.C. Cir. 2013). The court declined to vacate the SILs provision at 40
CFR 51.165(b)(2) that did not contain that same error. Id. The Court
also vacated the part of the PM2.5 PSD Increment-SILs-SMC
Rule establishing the PM2.5 SMC for the PSD permitting
program, finding that EPA was precluded from using the PM2.5
SMC to exempt permit applicants from the statutory requirement to
compile and submit preconstruction monitoring data as part of a
complete PSD application. Id. at 469. On December 9, 2013, EPA issued a
final rulemaking to remove the vacated PM2.5 SILs provisions
and revising the existing PM2.5 SMC listed in 40 CFR
51.166(i)(5)(i)(c) to zero micrograms per cubic meter (0 [mu]g/m\3\).
See 78 FR 73698.
Connecticut has never adopted an SMC for PM2.5 emissions
pursuant to 40 CFR 51.166(i)(5), which was vacated by the United States
Court of Appeals for the District of Columbia Circuit, because the
provision is an optional element of a state's program and Connecticut
chose not to include that element in its program. Connecticut's
regulations also do not contain provisions that address the SIL
provisions at 40 CFR 51.166(k)(2) vacated by the Court.
EPA has analyzed the above-described amended sections of
Connecticut's regulations and has determined those sections are
consistent with the requirements codified at 40 CFR 51.166, and
therefore should be approved into Connecticut's SIP.
Connecticut's October 9, 2012 submission also included amendments
to certain sections of the State's NNSR regulations. One change
affected section 22a-174-3a(l)(1) of Connecticut's regulations and was
adopted to clarify that the applicability of the State's NNSR
requirements is triggered in designated nonattainment areas by
emissions of the pollutant for which the area is designated
nonattainment.
As noted earlier, Connecticut also added PM2.5 emissions
to a list of pollutants in section 22a-174-3a(l)(4)(B)(iv), which
addresses emission reduction credits. As also noted earlier, however,
Connecticut currently does not have any PM2.5 nonattainment
areas.
EPA has analyzed the above-described amended sections of
Connecticut's regulations and has determined those sections are
consistent with the requirements codified at 40 CFR 51.165, and
therefore should be approved into Connecticut's SIP.
The State's October 9, 2012 submission also included an amendment
to Table 3a(i)-1 of section 22a-174-3a, adding values for
PM2.5 Ambient Impact (these values are equivalent
conceptually to EPA's SILs). The State's October 9, 2012 submission
also included section 22a-174-3a(l)(l)(C), which requires sources to
undergo NNSR and permitting even though they are located in attainment
areas or areas that are unclassifiable, but only if the allowable
emissions from such sources would cause or exacerbate a violation of a
NAAQS in an adjacent nonattainment area. EPA is approving these two
revisions to Connecticut's SIP. In doing so, however, we note that
section 22a-174-3a(l)(l)(C) contains a reference to Table 3a(i)-1 of
section 22a-174-3a (the State's Ambient Impact values) and specifies
that if the modeled ambient impacts from a source's allowable emissions
would be below those impact values the NNSR permitting requirements of
section 22a-174-3a(l)(l)(C) would then not apply. EPA interprets this
provision to only apply in the state's NNSR permitting program to
determine whether a source locating in an attainment or unclassifiable
area will cause or exacerbate a violation of the NAAQS in an adjacent
nonattainment area and thus be subject to NNSR review under the
particular requirements of the Connecticut SIP. As this provision only
appears in the state's NNSR permitting rules, EPA does not interpret
this provision to apply in Connecticut's PSD permitting program to
determine whether a proposed new or modified source would cause or
contribute to a violation of the NAAQS anywhere. Thus, this narrowly
drafted NNSR applicability provision and the manner in which
Connecticut's regulation applies the ambient impact values from Table
3a(i)-1 in this provision are not in conflict with the DC Circuit
decision in Sierra Club v. EPA that vacated EPA's SIL provision at 40
CFR 51.166(k)(2). EPA views Section 22a-174-3a(l)(l)(C) as a NNSR
applicability provision that has no effect on Connecticut's PSD
permitting program, which still requires that a proposed new or
modified source locating in an attainment or unclassifiable area to
make an appropriate demonstration that it does not cause or contribute
to a violation of any NAAQS or increment. See Section 22a-174-3a(k) of
CT DEEP's regulations.

III. Final Action

Pursuant to section 110 of the CAA, EPA is fully approving
Connecticut's September 27, 2012 and October 9, 2012 SIP revisions. The
EPA is publishing this action without prior proposal because the Agency
views this as a noncontroversial amendment and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revisions should relevant
adverse comments be filed. This rule will be effective September 22,
2015 without further notice unless the Agency receives relevant adverse
comments by August 24, 2015.
If the EPA receives such comments, then EPA will publish a notice
withdrawing today's final rule and informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period on the proposed rule.
All parties interested in commenting on the proposed rule should do so
at this time. If no such comments are received, the public is advised
that this rule will be effective on September 22, 2015 and no further
action will be taken on the proposed rule. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment.

IV. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the State
of Connecticut Department of Energy and Environmental Protection
Regulations described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).

[[Page 43963]]

V. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 22, 2015. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping, Sulfur
oxides, Volatile organic compounds.

Dated: April 20, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

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

PART 52--[AMENDED]

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 52.370 is amended by adding paragraphs (c)(107) and (108) to
read as follows:

Sec. 52.370 Identification of plan

* * * * *
(c) * * *
(107) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
September 27, 2012.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies Section 22a-174-
2a(b)(5) introductory text and Section 22a-174-2a(b)(5)(E), as
published in the Connecticut Law Journal on October 23, 2012, effective
September 10, 2012.
(B) Regulations of Connecticut State Agencies Section 22a-174-
2a(b)(6), as published in the Connecticut Law Journal on October 23,
2012, effective September 10, 2012.
(108) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
October 9, 2012.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies Section 22a-174-
1(62), as published in the Connecticut Law Journal on October 16, 2012,
effective September 10, 2012.
(B) Regulations of Connecticut State Agencies Section 22a-174-
3a(i), Table 3a(i)-1, published in the Connecticut Law Journal on
October 16, 2012, effective September 10, 2012.
(C) Regulations of Connecticut State Agencies revisions to Section
22a-174-3a(k), Table 3a(k)-1, published in the Connecticut Law Journal
on October 16, 2012, effective September 10, 2012.
(D) Regulations of Connecticut State Agencies revisions to Section
22a-174-3a(k), Table 3a(k)-2, published in the Connecticut Law Journal
on October 16, 2012, effective September 10, 2012.
(E) Regulations of Connecticut State Agencies revisions to Section
22a-174-3a (l)(1), published in the Connecticut Law Journal on October
16, 2012, effective September 10, 2012.
(F) Regulations of Connecticut State Agencies revisions to Section
22a-174-3a(l)(4)(B) introductory text and Section 22a-174-
3a(l)(4)(B)(iv), published in the Connecticut Law Journal on October
16, 2012, effective September 10, 2012.

[[Page 43964]]

0
3. In Sec. 52.385, Table 52.385 is amended by adding new entries to
existing state citations for 22a-174-1, 22a-174-2a, and 22a-174-3a to
read as follows:

Sec. 52.385 EPA-approved Connecticut regulations.

* * * * *

Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates
Connecticut State -------------------------------- Federal Register Section
citation Title/subject Date adopted Date approved citation 52.370 Comments/description
by State by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
22a-174-1................ Definitions............ 9/10/2012 7/24/2015 [Insert Federal (c)(108) Modified definition of
Register citation]. ``major source baseline
date'' for purposes of
adding PM2.5.

* * * * * * *
22a-174-2a............... Procedural Requirements 9/10/2012 7/24/2015 [Insert Federal (c)(107) Only sections 22a-174-
for New Source Review Register citation]. 2a(b)(5)(E) and (b)(6) are
and Title V Permitting. being approved.

* * * * * * *
22a-174-3a............... Permit to Construct and 9/10/2012 7/24/2015 [Insert Federal (c)(108) Added Ambient Impact values
Operate Stationary Register citation]. for PM2.5 in Table 3a(i)-
Sources. 1, Significant Emission
Rate Thresholds for PM2.5
emissions and its
precursors in Table 3a(k)-
1, PM2.5 increment added
to Table 3a(k)-2, and
PM2.5 added to section 22a-
174-3a(l)(4)(B)(iv).
Revised section 22a-174-
3a(l)(1).

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-17664 Filed 7-23-15; 8:45 am]
BILLING CODE 6560-50-P

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