Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Approval of NOX, 45887-45890 [2015-18872]
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Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations
45887
TABLE 1 TO § 165.151—Continued
9.1
East Hampton Fire Department Fireworks ......................................
Under the provisions of 33 CFR
165.151, the fireworks displays listed
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During the enforcement periods,
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entering into, transiting through,
mooring, or anchoring within the safety
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This notice is issued under authority
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In addition to this notice in the Federal
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Dated: July 24, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2015–18998 Filed 7–31–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2014–0498, FRL–9927–49–
Region 1]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; Approval of NOX
Emission Offset Credits as Single
Source SIP Revisions
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 Connecticut.
The revision approves amendments to
two existing Trading and Agreement
Orders for new source review nitrogen
oxides (NOX) emission offsets at PSEG
Power Connecticut’s facility in
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SUMMARY:
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• Location: Waters off of Cedar Beach Town Park, Babylon, NY in approximate position 40°37′53″ N., 073°20′12″ W. (NAD 83).
• Date: August 29, 2015.
• Rain Date: August 30, 2015.
• Time: 8:45 p.m. to 10:15 p.m.
• Location: Waters off Main Beach, East Hampton, NY in approximate
position 40°56′40.28″ N., 072°11′21.26″ W. (NAD 83).
Bridgeport, Connecticut. This action is
being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be
effective October 2, 2015, unless EPA
receives adverse comments by
September 2, 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–2014–0498 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–2014–0498’’,
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, Air
Permits, Toxics, and Indoor Programs
Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square, 5th floor, (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 to 4:30 excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2014–
0498. 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
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or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ systems, 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 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 either
electronically in www.regulations.gov or
in hard copy at Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 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 to 4:30
excluding legal holidays.
In addition to the publicly available
docket materials available for inspection
electronically in the Federal Docket
Management System at
www.regulations.gov, and the hard copy
available at the Regional Office, which
are identified in the ADDRESSES section
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Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations
of this Federal Register, copies of the
state submittals are 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, Air Permits, Toxics, and
Indoor Programs Unit, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square, Suite 100, (OEP05–2),
Boston, MA 02109–3912, phone number
(617) 918–1657, fax number (617) 918–
0657, email Dahl.Donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. What did Connecticut submit as a SIP
revision?
II. What is the background for EPA’s action
in this notice?
III. How does Connecticut account for bank
emission reduction credits (ERC) in its
Ozone SIP?
IV. What is EPA’s analysis of Connecticut’s
SIP revision?
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
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I. What did Connecticut submit as a SIP
revision?
On October 31, 2012, the State of
Connecticut submitted a formal revision
to its State Implementation Plan (SIP).
The SIP revision consists of two
modifications to existing Trading and
Agreement Orders (TAO) issued to
PSEG Power Connecticut, LLC. The
modified TAOs are No. 8187
Modification 1 issued to PSEG Power
Connecticut, LLC (formerly Wisvest
Connecticut LLC.) and No. 8242
Modification 1 issued to PSEG Power
Connecticut, LLC. The modified TAOs
remove an outdated restriction in the
original TAOs No. 8187 and No. 8242
that limited the use of the NOX offsets
to sources that were also subject to a
NOX emission trading program in
Section 22a–174–22a or 22a–174–22b of
Connecticut’s regulations, or another
NOX budget trading program established
by another state in accordance with the
Ozone Transport Commission
Memorandum of Understanding dated
September 27, 1994 or 40 CFR part 96.
Connecticut held a public hearing on
the proposed SIP revision on October
19, 2012.
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II. What is the background for EPA’s
action in this notice?
EPA approved the original TAO No.
8187 on March 23, 2001 (see 66 FR
16135). This TAO recognized that
Wisvest, the owner of Bridgeport Harbor
Electric Generating Station at the time,
voluntarily reduced actual NOX
emissions from Unit No. 2. The TAO
made the voluntary reductions
mandatory, thus creating a permanent,
enforceable reduction of 816 tons of
NOX emissions at Unit No. 2.
Subsequently, these NOX emission
reductions could be used for offsetting
NOX emissions for sources subject to the
nonattainment new source review
permitting program under Connecticut’s
Regulation Section 22a–174–3a. As
discussed above, TAO No. 8187 also
limited the use of the NOX offsets to
sources that were also subject to a NOX
emission trading program in Section
22a–174–22a or 22a–174–22b of
Connecticut’s regulations, or another
NOX budget trading program established
by another state in accordance with the
Ozone Transport Commission
Memorandum of Understanding dated
September 27, 1994 or 40 CFR part 96.
In late 2001, 424 tons of NOX offset
credits from the original 816 tons were
transferred to sources subject to
nonattainment new source review in
New York and are no longer available
for use in Connecticut. Moreover, in late
2001, 192 tons of NOX offset credits
were transferred to a private entity and
held for future use.
On December 6, 2002, PSEG
purchased Bridgeport Harbor Electric
Generating Station from Wisvest along
with the remaining 200 tons of the 816
tons NOX offsets created by TAO No.
8187. To recognize this transaction,
Connecticut issued a new TAO (No.
8242) on February 13, 2003 that
acknowledged the change in ownership
of the facility and the 200 tons of NOX
offsets from Wisvest to PSEG. EPA
approved TAO No. 8242 on September
9, 2013 (78 FR 54962). As with the
original TAO that created the NOX
offsets (i.e., TAO No. 8187), TAO No.
8242 also limited the use of NOX offsets
for nonattainment new source review to
sources that were also subject to a NOX
emission trading program in Section
22a–174–22a or 22a–174–22b of
Connecticut’s regulations, or another
NOX budget trading program established
by another state in accordance with the
Ozone Transport Commission
Memorandum of Understanding dated
September 27, 1994 or 40 CFR part 96.
Under Connecticut’s Regulations for
the Abatement of Air Pollution, Section
22a–174–22a was repealed effective
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September 4, 2007, and Section 22a–
174–22b was repealed May 1, 2010.
Moreover, with the transition from the
Clean Air Interstate Rule (CAIR) to the
Cross-State Air Pollution Rule (CSAPR),
the State of Connecticut is no longer
part of any trading program under 40
CFR part 96. As such, the original
restrictions in TAOs No. 8187 and 8242
are now outdated and would no longer
serve the purpose for which they were
created.
III. How does Connecticut account for
bank emission reduction credits (ERC)
in its Ozone SIP?
On February 1, 2008, Connecticut
submitted its 2002 to 2008 reasonable
further progress (RFP) plans and 2002
base year inventory to EPA as part of its
attainment demonstration SIP submittal
for the 1997 8-hr ozone standard. On
October 14, 2009, Connecticut
submitted a revision to the RFP plans
which it had originally submitted to
EPA on February 1, 2008. The revision
consisted of the incorporation of a small
number of banked NOX ERCs into the
state’s RFP analysis. Those banked NOX
ERCs were incorporated into
Connecticut’s 2002 and 2008 emission
inventories, and included all of the
remaining unused portion of the 816
tons of NOX offsets created under TAO
No. 8187 (i.e., the 200 tons of NOX
owned by PSEG under TAO No. 8242,
and the 192 tons of NOX transferred to
a private entity in late 2001). The
inclusion of the banked ERCs into the
RFP analysis did not alter Connecticut’s
conclusion that it easily meets RFP
requirements, and EPA approved
Connecticut’s RFP plans on August 22,
2012 (77 FR 50595). Since ERCs
represent emissions that may occur at
some point in the future, banked
emissions need to be accounted for in a
state’s RFP analysis, and Connecticut
has properly done that.
IV. What is EPA’s analysis of
Connecticut’s SIP revision?
Today, EPA is approving two
modifications to existing TAOs that will
allow the NOX offset credits, originally
created in TAO No. 8187, to be used for
nonattainment new source review
without the additional outdated
restrictions contained in the original
TAOs No. 8187 and 8242. As described
above, Connecticut has properly
accounted for the unused portion of the
NOX offset credits (i.e., 392 tons) from
the original TAO No. 8187 in the state’s
RFP analysis, and thus these credit
remain available for future use.
This action does not alter any existing
requirements in Connecticut’s approved
SIP that a facility must meet when using
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Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations
NOX emission reductions to offset any
new permitted emissions. This is
important to note since subsection 22a–
174–3a(l)(4)(B)(ii) of Connecticut’s
regulations states that:
‘‘(B) The commissioner shall not grant a
permit to an owner or operator of the subject
source or modification unless the owner or
operator demonstrates that internal offset or
certified emission reduction credits pursuant
to subparagraph (A) of this subdivision:
(i) . . .
(ii) are not otherwise required by any of the
following: the Act; a federally enforceable
permit or order; the State Implementation
Plan; or the regulations or statutes in effect
when such application is filed,’’
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Pursuant to this provision in Section
22a–174–3a, the unused portion of the
NOX emission reduction credits
originally created under TAO No. 8187
will need to be adjusted pursuant to
subsection 22a–174–22(e)(3) of
Connecticut’s regulations. This
provision in Section 22a–174–22 was
adopted by Connecticut after the
original issuance of TAO No. 8187 and
requires sources such as Unit No. 2 at
Bridgeport Harbor Electric Generating
Station to meet a NOX emission limit of
0.15 lbs/MMBtu during the nonozone
season. Because the NOX emission limit
for Unit No. 2 became more stringent
after the time when the NOX offset
credits were first created, the original
number of tons of NOX offset credits
must be adjusted downward to reflect
the new, more stringent NOX emission
limit, before a source subject to NNSR
may use the credits.
V. Final Action
Pursuant to section 110 of the CAA,
EPA is approving Trading and
Agreement Orders No. 8187
Modification 1 issued to PSEG Power
Connecticut, LLC (formerly Wisvest
Connecticut LLC) and 8242
Modification 1 issued to PSEG Power
Connecticut, LLC. 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 revision should
relevant adverse comments be filed.
This rule will be effective October 2,
2015 without further notice unless the
Agency receives relevant adverse
comments by September 2, 2015.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
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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 October 2, 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.
VI. 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
Agency 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).
VII. 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.);
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• 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).
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
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Congress and to the Comptroller General
of the United States. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 2, 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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: April 29, 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]
1. The authority citation for part 52
continues to read as follows:
■
Subpart H—Connecticut
2. Section 52.370 is amended by
adding paragraph (c)(109) to read as
follows:
■
§ 52.370
Identification of plan.
*
*
*
*
*
(c) * * *
(109) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of
Environmental Protection on October
31, 2012.
(i) Incorporation by reference.
(A) Connecticut Trading Agreement
and Order No. 8187, Modification 1
issued to PSEG Power Connecticut LLC
on July 16, 2012.
(B) Connecticut Trading Agreement
and Order No. 8242, Modification 1
issued to PSEG Power Connecticut LLC
on July 16, 2012.
■ 3. In § 52.385, Table 52.385 is
amended by adding new entries to an
existing state citation for 22a–174–22 to
read as follows:
§ 52.385 EPA-approved Connecticut
regulations.
*
Authority: 42 U.S.C. 7401 et seq.
*
*
*
*
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut State
citation
Title/Subject
Date adopted
by State
Date approved
by EPA
*
22a–174–22 .........
*
Control of Nitrogen Oxides
emissions.
*
7/16/12
*
8/3/15
22a–174–22 .........
Control of Nitrogen Oxides
emissions.
7/16/12
8/3/15
*
*
*
[FR Doc. 2015–18872 Filed 7–31–15; 8:45 am]
BILLING CODE 6560–50–P
Federal Register
citation
(c)(109) ..
*
ENVIRONMENTAL PROTECTION
AGENCY
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Environmental Protection
Agency (EPA).
AGENCY:
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Connecticut Trading Agreement and
Order No. 8242, Modification 1.
*
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Amendments to the Control
of Gasoline and Volatile Organic
Compound Storage and Handling
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*
*
Connecticut Trading Agreement and
Order No. 8187, Modification 1.
(c)(109) ..
[EPA–R03–OAR–2014–0854; FRL–9931–54–
Region 3]
16:06 Jul 31, 2015
Comments/Description
*
[Insert Federal
Register page
number where
the document
begins].
[Insert Federal
Register page
number where
the document
begins].
40 CFR Part 52
VerDate Sep<11>2014
Section
52.370
Sfmt 4700
*
ACTION:
*
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Maryland State Implementation Plan
(SIP). The revision pertains to
amendments to Code of Maryland
Regulation (COMAR) 26.11.13, Control
of Gasoline and Volatile Organic
Compound Storage and Handling. The
amendments consist of establishing an
alternative and equivalent method of
transfer of high pressure materials as
well as changing incorrect references in
regulations .04 and .05. EPA is
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Rules and Regulations]
[Pages 45887-45890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18872]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0498, FRL-9927-49-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Approval of NOX Emission Offset Credits as
Single Source SIP Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of
Connecticut. The revision approves amendments to two existing Trading
and Agreement Orders for new source review nitrogen oxides
(NOX) emission offsets at PSEG Power Connecticut's facility
in Bridgeport, Connecticut. This action is being taken in accordance
with the Clean Air Act.
DATES: This direct final rule will be effective October 2, 2015, unless
EPA receives adverse comments by September 2, 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-2014-0498 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-2014-0498'',
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,
Air Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, 5th floor, (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 to 4:30 excluding
legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2014-0498. 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'' systems,
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 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 either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 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 to 4:30 excluding
legal holidays.
In addition to the publicly available docket materials available
for inspection electronically in the Federal Docket Management System
at www.regulations.gov, and the hard copy available at the Regional
Office, which are identified in the ADDRESSES section
[[Page 45888]]
of this Federal Register, copies of the state submittals are 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, Air Permits, Toxics, and
Indoor Programs Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA New England Regional Office, 5
Post Office Square, Suite 100, (OEP05-2), Boston, MA 02109-3912, phone
number (617) 918-1657, fax number (617) 918-0657, email
Dahl.Donald@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What did Connecticut submit as a SIP revision?
II. What is the background for EPA's action in this notice?
III. How does Connecticut account for bank emission reduction
credits (ERC) in its Ozone SIP?
IV. What is EPA's analysis of Connecticut's SIP revision?
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What did Connecticut submit as a SIP revision?
On October 31, 2012, the State of Connecticut submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of two modifications to existing Trading and Agreement Orders
(TAO) issued to PSEG Power Connecticut, LLC. The modified TAOs are No.
8187 Modification 1 issued to PSEG Power Connecticut, LLC (formerly
Wisvest Connecticut LLC.) and No. 8242 Modification 1 issued to PSEG
Power Connecticut, LLC. The modified TAOs remove an outdated
restriction in the original TAOs No. 8187 and No. 8242 that limited the
use of the NOX offsets to sources that were also subject to
a NOX emission trading program in Section 22a-174-22a or
22a-174-22b of Connecticut's regulations, or another NOX
budget trading program established by another state in accordance with
the Ozone Transport Commission Memorandum of Understanding dated
September 27, 1994 or 40 CFR part 96. Connecticut held a public hearing
on the proposed SIP revision on October 19, 2012.
II. What is the background for EPA's action in this notice?
EPA approved the original TAO No. 8187 on March 23, 2001 (see 66 FR
16135). This TAO recognized that Wisvest, the owner of Bridgeport
Harbor Electric Generating Station at the time, voluntarily reduced
actual NOX emissions from Unit No. 2. The TAO made the
voluntary reductions mandatory, thus creating a permanent, enforceable
reduction of 816 tons of NOX emissions at Unit No. 2.
Subsequently, these NOX emission reductions could be used
for offsetting NOX emissions for sources subject to the
nonattainment new source review permitting program under Connecticut's
Regulation Section 22a-174-3a. As discussed above, TAO No. 8187 also
limited the use of the NOX offsets to sources that were also
subject to a NOX emission trading program in Section 22a-
174-22a or 22a-174-22b of Connecticut's regulations, or another
NOX budget trading program established by another state in
accordance with the Ozone Transport Commission Memorandum of
Understanding dated September 27, 1994 or 40 CFR part 96.
In late 2001, 424 tons of NOX offset credits from the
original 816 tons were transferred to sources subject to nonattainment
new source review in New York and are no longer available for use in
Connecticut. Moreover, in late 2001, 192 tons of NOX offset
credits were transferred to a private entity and held for future use.
On December 6, 2002, PSEG purchased Bridgeport Harbor Electric
Generating Station from Wisvest along with the remaining 200 tons of
the 816 tons NOX offsets created by TAO No. 8187. To
recognize this transaction, Connecticut issued a new TAO (No. 8242) on
February 13, 2003 that acknowledged the change in ownership of the
facility and the 200 tons of NOX offsets from Wisvest to
PSEG. EPA approved TAO No. 8242 on September 9, 2013 (78 FR 54962). As
with the original TAO that created the NOX offsets (i.e.,
TAO No. 8187), TAO No. 8242 also limited the use of NOX
offsets for nonattainment new source review to sources that were also
subject to a NOX emission trading program in Section 22a-
174-22a or 22a-174-22b of Connecticut's regulations, or another
NOX budget trading program established by another state in
accordance with the Ozone Transport Commission Memorandum of
Understanding dated September 27, 1994 or 40 CFR part 96.
Under Connecticut's Regulations for the Abatement of Air Pollution,
Section 22a-174-22a was repealed effective September 4, 2007, and
Section 22a-174-22b was repealed May 1, 2010. Moreover, with the
transition from the Clean Air Interstate Rule (CAIR) to the Cross-State
Air Pollution Rule (CSAPR), the State of Connecticut is no longer part
of any trading program under 40 CFR part 96. As such, the original
restrictions in TAOs No. 8187 and 8242 are now outdated and would no
longer serve the purpose for which they were created.
III. How does Connecticut account for bank emission reduction credits
(ERC) in its Ozone SIP?
On February 1, 2008, Connecticut submitted its 2002 to 2008
reasonable further progress (RFP) plans and 2002 base year inventory to
EPA as part of its attainment demonstration SIP submittal for the 1997
8-hr ozone standard. On October 14, 2009, Connecticut submitted a
revision to the RFP plans which it had originally submitted to EPA on
February 1, 2008. The revision consisted of the incorporation of a
small number of banked NOX ERCs into the state's RFP
analysis. Those banked NOX ERCs were incorporated into
Connecticut's 2002 and 2008 emission inventories, and included all of
the remaining unused portion of the 816 tons of NOX offsets
created under TAO No. 8187 (i.e., the 200 tons of NOX owned
by PSEG under TAO No. 8242, and the 192 tons of NOX
transferred to a private entity in late 2001). The inclusion of the
banked ERCs into the RFP analysis did not alter Connecticut's
conclusion that it easily meets RFP requirements, and EPA approved
Connecticut's RFP plans on August 22, 2012 (77 FR 50595). Since ERCs
represent emissions that may occur at some point in the future, banked
emissions need to be accounted for in a state's RFP analysis, and
Connecticut has properly done that.
IV. What is EPA's analysis of Connecticut's SIP revision?
Today, EPA is approving two modifications to existing TAOs that
will allow the NOX offset credits, originally created in TAO
No. 8187, to be used for nonattainment new source review without the
additional outdated restrictions contained in the original TAOs No.
8187 and 8242. As described above, Connecticut has properly accounted
for the unused portion of the NOX offset credits (i.e., 392
tons) from the original TAO No. 8187 in the state's RFP analysis, and
thus these credit remain available for future use.
This action does not alter any existing requirements in
Connecticut's approved SIP that a facility must meet when using
[[Page 45889]]
NOX emission reductions to offset any new permitted
emissions. This is important to note since subsection 22a-174-
3a(l)(4)(B)(ii) of Connecticut's regulations states that:
``(B) The commissioner shall not grant a permit to an owner or
operator of the subject source or modification unless the owner or
operator demonstrates that internal offset or certified emission
reduction credits pursuant to subparagraph (A) of this subdivision:
(i) . . .
(ii) are not otherwise required by any of the following: the
Act; a federally enforceable permit or order; the State
Implementation Plan; or the regulations or statutes in effect when
such application is filed,''
Pursuant to this provision in Section 22a-174-3a, the unused
portion of the NOX emission reduction credits originally
created under TAO No. 8187 will need to be adjusted pursuant to
subsection 22a-174-22(e)(3) of Connecticut's regulations. This
provision in Section 22a-174-22 was adopted by Connecticut after the
original issuance of TAO No. 8187 and requires sources such as Unit No.
2 at Bridgeport Harbor Electric Generating Station to meet a
NOX emission limit of 0.15 lbs/MMBtu during the nonozone
season. Because the NOX emission limit for Unit No. 2 became
more stringent after the time when the NOX offset credits
were first created, the original number of tons of NOX
offset credits must be adjusted downward to reflect the new, more
stringent NOX emission limit, before a source subject to
NNSR may use the credits.
V. Final Action
Pursuant to section 110 of the CAA, EPA is approving Trading and
Agreement Orders No. 8187 Modification 1 issued to PSEG Power
Connecticut, LLC (formerly Wisvest Connecticut LLC) and 8242
Modification 1 issued to PSEG Power Connecticut, LLC. 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 revision should relevant
adverse comments be filed. This rule will be effective October 2, 2015
without further notice unless the Agency receives relevant adverse
comments by September 2, 2015.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the 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 October 2, 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.
VI. 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 Agency 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).
VII. 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).
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 45890]]
Congress and to the Comptroller General of the United States. Section
804, however, exempts from section 801 the following types of rules:
Rules of particular applicability; rules relating to agency management
or personnel; and rules of agency organization, procedure, or practice
that do not substantially affect the rights or obligations of non-
agency parties. 5 U.S.C. 804(3). Because this is a rule of particular
applicability, EPA is not required to submit a rule report regarding
this action under section 801.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 2, 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: April 29, 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 paragraph (c)(109) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(109) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on October 31, 2012.
(i) Incorporation by reference.
(A) Connecticut Trading Agreement and Order No. 8187, Modification
1 issued to PSEG Power Connecticut LLC on July 16, 2012.
(B) Connecticut Trading Agreement and Order No. 8242, Modification
1 issued to PSEG Power Connecticut LLC on July 16, 2012.
0
3. In Sec. 52.385, Table 52.385 is amended by adding new entries to an
existing state citation for 22a-174-22 to read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates
-------------------------------- Federal Register
Connecticut State citation Title/Subject Date adopted Date approved citation Section 52.370 Comments/Description
by State by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
22a-174-22....................... Control of Nitrogen 7/16/12 8/3/15 [Insert Federal (c)(109)........ Connecticut Trading
Oxides emissions. Register page Agreement and Order No.
number where the 8187, Modification 1.
document begins].
22a-174-22....................... Control of Nitrogen 7/16/12 8/3/15 [Insert Federal (c)(109)........ Connecticut Trading
Oxides emissions. Register page Agreement and Order No.
number where the 8242, Modification 1.
document begins].
* * * * * * *
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[FR Doc. 2015-18872 Filed 7-31-15; 8:45 am]
BILLING CODE 6560-50-P
