Air Plan Approval; Connecticut; NOX, 62378-62381 [2016-21453]
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: August 31, 2016.
Ron Curry,
Regional Administrator, Region 6.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by adding entries at the end for
‘‘Infrastructure and Transport SIP
Revisions for the 2010 Nitrogen Dioxide
Standard’’ and ‘‘Infrastructure and
Transport SIP Revisions for the 2008
Ozone Standard’’ to read as follows.
§ 52.2270
2. In § 52.2270(e), the table titled
‘‘EPA Approved Nonregulatory
■
*
Identification of plan.
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(e) * * *
*
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
submittal/
effective date
Name of SIP provision
Applicable geographic
or nonattainment area
*
Infrastructure and Transport SIP Revisions for
the 2010 Nitrogen Dioxide Standard.
Infrastructure and Transport SIP Revisions for
the 2008 Ozone
Standard.
*
*
Statewide .....................
12/7/2012
Statewide .....................
12/13/2012
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0238; FRL–9951–94–
Region 1]
Air Plan Approval; Connecticut; NOX
Emission Trading Orders as Single
Source SIP Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Connecticut.
This revision continues to allow
facilities to create and/or use emission
credits using NOX Emission Trading and
Agreement Orders (TAOs) to comply
with the NOX emission limits required
by Regulations of Connecticut State
Agencies (RCSA) section 22a-174–22
(Control of Nitrogen Oxides). The
intended effect of this action is to
approve the individual trading orders to
allow facilities to determine the most
cost-effective way to comply with the
state regulation. This action is being
taken in accordance with the Clean Air
Act (CAA).
DATES: This final rule is effective on
October 11, 2016.
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Comments
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9/9/2016, [Insert Federal Register citation].
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Approval for 110(a)(2)(A), (B), (C), (D)(i) (portions pertaining to nonattainment and interference with maintenance), D(ii), (E), (F), (G),
(H), (K), (L) and (M).
Approval for 110(a)(2)(A), (B), (C), (D)(i) (portion pertaining to PSD), D(ii), (E), (F), (G),
(H), (K), (L) and (M).
9/9/2016, [Insert Federal Register citation].
The EPA has established a
docket for this action under Docket ID
No. EPA–R01–OAR–2015–0238. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 electronically through https://
www.regulations.gov.
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.
ADDRESSES:
[FR Doc. 2016–21593 Filed 9–8–16; 8:45 am]
SUMMARY:
EPA approval date
Table of Contents
I. Summary of SIP Revision
II. Final Action
III. Statutory and Executive Order Reviews
I. Summary of SIP Revision
On November 15, 2011, the
Connecticut Department of Energy and
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Environmental Protection (CT DEEP)
submitted a formal revision to its State
Implementation Plan (SIP). This SIP
revision consists of eighty-nine sourcespecific Trading Agreement and Orders
(TAOs) that allow twenty-four
individual stationary sources of nitrogen
oxide (NOX) emissions to create and/or
trade NOX emission credits in order to
ensure more effective compliance with
EPA SIP-approved state regulations for
reducing NOX emissions. We previously
approved source-specific TAOs of the
same kind issued by CT DEEP under
this program for these same sources on
September 28, 1999 (64 FR 52233),
March 23, 2001 (66 FR 16135), and
September 9, 2013 (78 FR 54962). The
November 15, 2011 SIP submittal also
includes Consent Order 8029A issued to
Hamilton Sundstrand which addresses
Volatile Organic Compound (VOC)
emissions.
On June 15, 2016 (81 FR 38999) EPA
published a notice of proposed
rulemaking (NPR) for the State of
Connecticut’s 2011 SIP revision
submittal, proposing approval of the
TAOs, except for Consent Order 8029A.
The NPR also proposed approval of the
revised TAO 8110A issued to Yale
University. This TAO was originally
submitted as part of a July 1, 2004 SIP
revision from Connecticut, and was
modified by CT DEEP on May 29, 2015.
The rationale supporting EPA’s
proposed rulemaking action is
explained in the published NPR. The
NPR is available in the docket for this
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rulemaking at www.regulations.gov,
Docket ID Number EPA–R01–OAR–
2015–0238. EPA did not receive any
public comments on the NPR.
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II. Final Action
The EPA is approving into the
Connecticut SIP the 89 TAOs contained
in the State of Connecticut’s 2011 SIP
revision request as well as the revised
TAO 8110A for Yale University.
III. 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
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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. 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 November 8,
2016. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: August 17, 2016.
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:
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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.
Subpart H—Connecticut
2. Section 52.377 is amended by
adding paragraph (m)(2) to read as
follows:
■
§ 52.377
Control Strategy: Ozone.
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(m) * * *
(2) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on November
15, 2011 and July 1, 2004. The revisions
consist of 90 single source emission
trading orders necessary for satisfying
Reasonable Available Control
Technology requirements for nitrogen
oxides during specific time periods.
(i) Trading Agreement and Order No.
8093C, Modification No. 2 issued to
Pfizer in Groton.
(ii) Trading Agreement and Order No.
8093C, Modification No. 3 issued to
Pfizer in Groton.
(iii) Trading Agreement and Order No.
8136A, Modification No. 1 issued to
Pfizer in Groton.
(iv) Trading Agreement and Order No.
8136A, Modification No. 2 issued to
Pfizer in Groton.
(v) Trading Agreement and Order No.
8296 issued to Pfizer in Groton.
(vi) Trading Agreement and Order No.
8109, Modification No. 1 issued to
Hamilton Sundstrand Corporation in
Windsor Locks.
(vii) Trading Agreement and Order
No. 8109, Modification No. 2 issued to
Hamilton Sundstrand Corporation in
Windsor Locks.
(viii) Trading Agreement and Order
No. 8109, Modification No. 3 issued to
Hamilton Sundstrand Corporation in
Windsor Locks.
(ix) Trading Agreement and Order No.
8291 issued to Hamilton Sundstrand
Corporation in Windsor Locks.
(x) Trading Agreement and Order No.
8291, Modification No. 1 issued to
Hamilton Sundstrand Corporation in
Windsor Locks.
(xi) Trading Agreement and Order No.
8114A, Modification No. 1 issued to
Cytec Industries, Inc. in Wallingford.
(xii) Trading Agreement and Order
No. 8114A, Modification No. 2 issued to
Cytec Industries, Inc. in Wallingford.
(xiii) Trading Agreement and Order
No. 8115B, Modification No. 1 issued to
University of Connecticut in Storrs.
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(xiv) Trading Agreement and Order
No. 8115B, Modification No. 2 issued to
University of Connecticut in Storrs.
(xv) Trading Agreement and Order
No. 8115B, Modification No. 3 issued to
University of Connecticut in Storrs.
(xvi) Trading Agreement and Order
No. 8116B, Modification No. 1 issued to
Connecticut Resources Recovery
Authority in Hartford.
(xvii) Trading Agreement and Order
No. 8116B, Modification No. 2 issued to
Connecticut Resources Recovery
Authority in Hartford.
(xviii) Trading Agreement and Order
No. 8302 issued to Connecticut
Resources Recovery Authority in
Hartford.
(xix) Trading Agreement and Order
No. 8119A, Modification No. 2 issued to
City of Norwich, Department of Public
Utilities in Norwich.
(xx) Trading Agreement and Order
No. 8119A, Modification No. 3 issued to
City of Norwich, Department of Public
Utilities in Norwich.
(xxi) Trading Agreement and Order
No. 8304 issued to City of Norwich,
Department of Public Utilities in
Norwich.
(xxii) Trading Agreement and Order
No. 8120A, Modification No. 1 issued to
Sikorsky Aircraft Corporation in
Stratford.
(xxiii) Trading Agreement and Order
No. 8120A, Modification No. 2 issued to
Sikorsky Aircraft Corporation in
Stratford.
(xxiv) Trading Agreement and Order
No. 8293 issued to Sikorsky Aircraft
Corporation in Stratford.
(xxv) Trading Agreement and Order
No. 8293, Modification No. 1 issued to
Sikorsky Aircraft Corporation in
Stratford.
(xxvi) Trading Agreement and Order
No. 8123A, Modification No. 1 issued to
Algonquin Gas Transmission Company
in Cromwell.
(xxvii) Trading Agreement and Order
No. 8123A, Modification No. 2 issued to
Algonquin Gas Transmission Company
in Cromwell.
(xxviii) Trading Agreement and Order
No. 8134A, Modification No. 1 issued to
United Technologies Corporation in
East Hartford.
(xxix) Trading Agreement and Order
No. 8134A, Modification No. 2 issued to
United Technologies Corporation in
East Hartford.
(xxx) Trading Agreement and Order
No. 8289 issued to United Technologies
Corporation in East Hartford.
(xxxi) Trading Agreement and Order
No. 8154A, Modification No. 1 issued to
Combustion Engineering, Inc. in
Windsor.
(xxxii) Trading Agreement and Order
No. 8154A, Modification No. 2 issued to
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Combustion Engineering, Inc. in
Windsor.
(xxxiii) Trading Agreement and Order
No. 8180A, Modification No. 2 issued to
Connecticut Jet Power LLC in Branford,
Greenwich, and Torrington.
(xxxiv) Trading Agreement and Order
No. 8180A, Modification No. 3 issued to
Connecticut Jet Power LLC in Branford,
Greenwich, and Torrington.
(xxxv) Trading Agreement and Order
No. 8181A, Modification No. 2 issued to
Devon Power LLC in Milford.
(xxxvi) Trading Agreement and Order
No. 8181A, Modification No. 3 issued to
Devon Power LLC in Milford.
(xxxvii) Trading Agreement and Order
No. 8219A, Modification No. 2 issued to
Devon Power LLC in Milford.
(xxxviii) Trading Agreement and
Order No. 8251A, Modification No. 2
issued to Devon Power LLC in Milford.
(xxxix) Trading Agreement and Order
No. 8251A, Modification No. 3 issued to
Devon Power LLC in Milford.
(xl) Trading Agreement and Order No.
8182A, Modification No. 2 issued to
Middleton Power LLC in Middleton.
(xli) Trading Agreement and Order
No. 8182A, Modification No. 3 issued to
Middleton Power LLC in Middleton.
(xlii) Trading Agreement and Order
No. 8213A, Modification No. 2 issued to
Middleton Power LLC in Middleton.
(xliii) Trading Agreement and Order
No. 8213A, Modification No. 3 issued to
Middleton Power LLC in Middleton.
(xliv) Trading Agreement and Order
No. 8214A, Modification No. 2 issued to
Middleton Power LLC in Middleton.
(xlv) Trading Agreement and Order
No. 8214A, Modification No. 3 issued to
Middleton Power LLC in Middleton.
(xlvi) Trading Agreement and Order
No. 8215A, Modification No. 2 issued to
Middleton Power LLC in Middleton.
(xlvii) Trading Agreement and Order
No. 8215A, Modification No. 3 issued to
Middleton Power LLC in Middleton.
(xlviii) Trading Agreement and Order
No. 8183A, Modification No. 2 issued to
Montville Power LLC in Montville.
(xlix) Trading Agreement and Order
No. 8183A, Modification No. 3 issued to
Montville Power LLC in Montville.
(l) Trading Agreement and Order No.
8216A, Modification No. 2 issued to
Montville Power LLC in Montville.
(li) Trading Agreement and Order No.
8216A, Modification No. 3 issued to
Montville Power LLC in Montville.
(lii) Trading Agreement and Order No.
8217A, Modification No. 2 issued to
Montville Power LLC in Montville.
(liii) Trading Agreement and Order
No. 8217A, Modification No. 3 issued to
Montville Power LLC in Montville.
(liv) Trading Agreement and Order
No. 8184A, Modification No. 2 issued to
Norwalk Power LLC in Norwalk.
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(lv) Trading Agreement and Order No.
8184A, Modification No. 3 issued to
Norwalk Power LLC in Norwalk.
(lvi) Trading Agreement and Order
No. 8218A, Modification No. 2 issued to
Norwalk Power LLC in Norwalk.
(lvii) Trading Agreement and Order
No. 8218A, Modification No. 3 issued to
Norwalk Power LLC in Norwalk.
(lviii) Trading Agreement and Order
No. 8221A, Modification No. 1 issued to
Dominion Nuclear Connecticut, Inc. in
Waterford.
(lix) Trading Agreement and Order
No. 8221A, Modification No. 2 issued to
Dominion Nuclear Connecticut, Inc. in
Waterford.
(lx) Trading Agreement and Order No.
8222A, Modification No. 1 issued to
Dominion Nuclear Connecticut, Inc. in
Waterford.
(lxi) Trading Agreement and Order
No. 8222A, Modification No. 2 issued to
Dominion Nuclear Connecticut, Inc. in
Waterford.
(lxii) Trading Agreement and Order
No. 8288 issued to Dominion Nuclear
Connecticut, Inc. in Waterford.
(lxiii) Trading Agreement and Order
No. 8288, Modification No. 1 issued to
Dominion Nuclear Connecticut, Inc. in
Waterford.
(lxiv) Trading Agreement and Order
No. 8240, Modification No. 2 issued to
PSEG Power Connecticut LLC in New
Haven.
(lxv) Trading Agreement and Order
No. 8240, Modification No. 3 issued to
PSEG Power Connecticut LLC in New
Haven.
(lxvi) Trading Agreement and Order
No. 8243, Modification No. 1 issued to
PSEG Power Connecticut LLC in New
Haven.
(lxvii) Trading Agreement and Order
No. 8243, Modification No. 2 issued to
PSEG Power Connecticut LLC in New
Haven.
(lxviii) Trading Agreement and Order
No. 8241, Modification No. 2 issued to
PSEG Power Connecticut LLC in
Bridgeport.
(lxix) Trading Agreement and Order
No. 8241, Modification No. 3 issued to
PSEG Power Connecticut LLC in
Bridgeport.
(lxx) Trading Agreement and Order
No. 8244, Modification No. 2 issued to
PSEG Power Connecticut LLC in
Bridgeport.
(lxxi) Trading Agreement and Order
No. 8244, Modification No. 3 issued to
PSEG Power Connecticut LLC in
Bridgeport.
(lxxii) Trading Agreement and Order
No. 8253, Modification No. 2 issued to
PSEG Power Connecticut LLC in
Bridgeport.
(lxxiii) Trading Agreement and Order
No. 8253, Modification No. 3 issued to
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PSEG Power Connecticut LLC in
Bridgeport.
(lxxiv) Trading Agreement and Order
No. 8301 issued to PSEG Power LLC,
PSEG Fossil LLC, and PSEG Power
Connecticut LLC in Bridgeport.
(lxxv) Trading Agreement and Order
No. 8305 issued to PSEG Power LLC,
PSEG Fossil LLC, and PSEG Power
Connecticut LLC in New Haven and
Bridgeport.
(lxxvi) Trading Agreement and Order
No. 8249, Modification No. 2 issued to
Capitol District Energy Center
Cogeneration Associates in Hartford.
(lxxvii) Trading Agreement and Order
No. 8249, Modification No. 3 issued to
Capitol District Energy Center
Cogeneration Associates in Hartford.
(lxxviii) Trading Agreement and
Order No. 8298 issued to Capitol
District Energy Center Cogeneration
Associates in Hartford.
(lxxix) Trading Agreement and Order
No. 8261, Modification No. 1 issued to
Algonquin Power Windsor Locks LLC in
Windsor Locks.
(lxxx) Trading Agreement and Order
No. 8261, Modification No. 2 issued to
Algonquin Power Windsor Locks LLC in
Windsor Locks.
(lxxxi) Trading Agreement and Order
No. 8299 issued to Algonquin Power
Windsor Locks LLC in Windsor Locks.
(lxxxii) Trading Agreement and Order
No. 8269 issued to Cascades Boxboard
Group Connecticut LLC in Versailles.
(lxxxiii) Trading Agreement and
Order No. 8269, Modification No. 1
issued to Cascades Boxboard Group
Connecticut LLC in Versailles.
(lxxxiv) Trading Agreement and Order
No. 8297 issued to Cascades Boxboard
Group Connecticut LLC in Versailles.
(lxxxv) Trading Agreement and Order
No. 8272 issued to NE Hydro Generating
Company in Preston.
(lxxxvi) Trading Agreement and Order
No. 8279 issued to First Light Hydro
Generating Company in Preston.
(lxxxvii) Trading Agreement and
Order No. 8303 issued to First Light
Hydro Generating Company in Preston.
(lxxxviii) Trading Agreement and
Order No. 8300 issued to NRG Energy,
Inc., Middletown Power LLC, NRG
Middletown Operations Inc., Montville
Power LLC, NRG Montville Operations
Inc., Norwalk Power LLC, NRG Norwalk
Harbor Operations Inc., and Connecticut
Jet Power LLC in Branford, Greenwich,
Torrington, Middletown, Norwalk,
Milford, and Montville.
(lxxxix) Trading Agreement and Order
No. 8306 issued to NRG Energy, Inc.,
Middletown Power LLC, NRG
Middletown Operations Inc., Montville
Power LLC, NRG Montville Operations
Inc., Norwalk Power LLC, and NRG
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Norwalk Harbor Operations Inc. in
Middletown, Montville, and Norwalk.
(xc) Trading Agreement and Order
No. 8110A issued to Yale University in
New Haven.
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Ms.
Adina Wiley, (214) 665–2115,
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
[FR Doc. 2016–21453 Filed 9–8–16; 8:45 am]
I. Background
The background for this action is
discussed in detail in our May 2, 2016
proposal. See 81 FR 26180. In that
document we proposed to approve the
Texas Qualified Facilities Program as a
component of the Texas Minor NSR
program as submitted on October 5,
2010. We also proposed to approve
several updates to the General
Definitions for Permitting submitted
from July 22, 1998 through October 5,
2010, with one exception. We proposed
to disapprove the severable portion of
the definition of ‘‘modification of
existing facility’’ pertaining to
modifications made at natural gas
processing facilities without a case-bycase permit as submitted on October 5,
2010. We received comments from three
parties; our response to the comments
received on our proposed action are
summarized below.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0861; FRL–9950–32–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the General Definitions
for Texas New Source Review and the
Minor NSR Qualified Facilities Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving and
disapproving portions of revisions to the
Texas State Implementation Plan (SIP)
pertaining to the Texas New Source
Review (NSR) program submitted on
March 13, 1996; July 22, 1998;
September 11, 2000; September 4, 2002;
and October 5, 2010. Specifically, the
EPA is approving the severable portions
of the amendments to the General
Definitions for the Texas NSR program,
and the Minor NSR Qualified Facilities
Program. The EPA is disapproving a
severable portion of the General
Definition of ‘‘modification of existing
facility’’ submitted on October 5, 2010.
We are taking these actions under
section 110, parts C and D of the Clean
Air Act (CAA).
DATES: This rule is effective on October
11, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2010–0861. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
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 through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
II. Response to Comments
Comment: We received two
supportive comment letters from the
Texas Commission on Environmental
Quality (TCEQ) and the Texas Chemical
Council, wherein the commenters
reiterated the objectives of the proposed
rulemaking and expressed support for
the EPA finalizing as proposed.
Response: The EPA appreciates the
support of the commenters. No changes
were made to the proposed rule as a
result of these comments.
Comment: The Lone Star Chapter of
the Sierra Club submitted several
comments regarding anti-backsliding
requirements of the CAA. First, the
commenter generally opposed any
weakening in the Texas SIP if it fails to
meet the anti-backsliding requirements
of the CAA section 110(l) and stated that
backsliding must not be allowed by the
EPA in the Texas SIP. Second, the
commenter provided a link to the TCEQ
Agenda Item Request for the SIP
Revision Adoption of the HoustonGalveston-Brazoria (HGB) Area
Redesignation Substitute for the 1997
Eight-Hour Ozone National Ambient Air
Quality Standard (NAAQS). The
commenter stated that ‘‘If Sierra Club
understands this Texas SIP change
correctly, part of the proposal would
significantly change the threshold for
emissions that would trigger such
controls/trading. The netting trigger
would increase substantially (from 5 to
40), a major source would change from
E:\FR\FM\09SER1.SGM
09SER1
]]>Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62378-62381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21453]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0238; FRL-9951-94-Region 1]
Air Plan Approval; Connecticut; NOX Emission Trading
Orders as Single Source SIP Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of
Connecticut. This revision continues to allow facilities to create and/
or use emission credits using NOX Emission Trading and
Agreement Orders (TAOs) to comply with the NOX emission
limits required by Regulations of Connecticut State Agencies (RCSA)
section 22a-174-22 (Control of Nitrogen Oxides). The intended effect of
this action is to approve the individual trading orders to allow
facilities to determine the most cost-effective way to comply with the
state regulation. This action is being taken in accordance with the
Clean Air Act (CAA).
DATES: This final rule is effective on October 11, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R01-OAR-2015-0238. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g., 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 electronically
through https://www.regulations.gov.
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. Summary of SIP Revision
II. Final Action
III. Statutory and Executive Order Reviews
I. Summary of SIP Revision
On November 15, 2011, the Connecticut Department of Energy and
Environmental Protection (CT DEEP) submitted a formal revision to its
State Implementation Plan (SIP). This SIP revision consists of eighty-
nine source-specific Trading Agreement and Orders (TAOs) that allow
twenty-four individual stationary sources of nitrogen oxide
(NOX) emissions to create and/or trade NOX
emission credits in order to ensure more effective compliance with EPA
SIP-approved state regulations for reducing NOX emissions.
We previously approved source-specific TAOs of the same kind issued by
CT DEEP under this program for these same sources on September 28, 1999
(64 FR 52233), March 23, 2001 (66 FR 16135), and September 9, 2013 (78
FR 54962). The November 15, 2011 SIP submittal also includes Consent
Order 8029A issued to Hamilton Sundstrand which addresses Volatile
Organic Compound (VOC) emissions.
On June 15, 2016 (81 FR 38999) EPA published a notice of proposed
rulemaking (NPR) for the State of Connecticut's 2011 SIP revision
submittal, proposing approval of the TAOs, except for Consent Order
8029A. The NPR also proposed approval of the revised TAO 8110A issued
to Yale University. This TAO was originally submitted as part of a July
1, 2004 SIP revision from Connecticut, and was modified by CT DEEP on
May 29, 2015.
The rationale supporting EPA's proposed rulemaking action is
explained in the published NPR. The NPR is available in the docket for
this
[[Page 62379]]
rulemaking at www.regulations.gov, Docket ID Number EPA-R01-OAR-2015-
0238. EPA did not receive any public comments on the NPR.
II. Final Action
The EPA is approving into the Connecticut SIP the 89 TAOs contained
in the State of Connecticut's 2011 SIP revision request as well as the
revised TAO 8110A for Yale University.
III. 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. 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 November 8, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: August 17, 2016.
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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
0
2. Section 52.377 is amended by adding paragraph (m)(2) to read as
follows:
Sec. 52.377 Control Strategy: Ozone.
* * * * *
(m) * * *
(2) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
November 15, 2011 and July 1, 2004. The revisions consist of 90 single
source emission trading orders necessary for satisfying Reasonable
Available Control Technology requirements for nitrogen oxides during
specific time periods.
(i) Trading Agreement and Order No. 8093C, Modification No. 2
issued to Pfizer in Groton.
(ii) Trading Agreement and Order No. 8093C, Modification No. 3
issued to Pfizer in Groton.
(iii) Trading Agreement and Order No. 8136A, Modification No. 1
issued to Pfizer in Groton.
(iv) Trading Agreement and Order No. 8136A, Modification No. 2
issued to Pfizer in Groton.
(v) Trading Agreement and Order No. 8296 issued to Pfizer in
Groton.
(vi) Trading Agreement and Order No. 8109, Modification No. 1
issued to Hamilton Sundstrand Corporation in Windsor Locks.
(vii) Trading Agreement and Order No. 8109, Modification No. 2
issued to Hamilton Sundstrand Corporation in Windsor Locks.
(viii) Trading Agreement and Order No. 8109, Modification No. 3
issued to Hamilton Sundstrand Corporation in Windsor Locks.
(ix) Trading Agreement and Order No. 8291 issued to Hamilton
Sundstrand Corporation in Windsor Locks.
(x) Trading Agreement and Order No. 8291, Modification No. 1 issued
to Hamilton Sundstrand Corporation in Windsor Locks.
(xi) Trading Agreement and Order No. 8114A, Modification No. 1
issued to Cytec Industries, Inc. in Wallingford.
(xii) Trading Agreement and Order No. 8114A, Modification No. 2
issued to Cytec Industries, Inc. in Wallingford.
(xiii) Trading Agreement and Order No. 8115B, Modification No. 1
issued to University of Connecticut in Storrs.
[[Page 62380]]
(xiv) Trading Agreement and Order No. 8115B, Modification No. 2
issued to University of Connecticut in Storrs.
(xv) Trading Agreement and Order No. 8115B, Modification No. 3
issued to University of Connecticut in Storrs.
(xvi) Trading Agreement and Order No. 8116B, Modification No. 1
issued to Connecticut Resources Recovery Authority in Hartford.
(xvii) Trading Agreement and Order No. 8116B, Modification No. 2
issued to Connecticut Resources Recovery Authority in Hartford.
(xviii) Trading Agreement and Order No. 8302 issued to Connecticut
Resources Recovery Authority in Hartford.
(xix) Trading Agreement and Order No. 8119A, Modification No. 2
issued to City of Norwich, Department of Public Utilities in Norwich.
(xx) Trading Agreement and Order No. 8119A, Modification No. 3
issued to City of Norwich, Department of Public Utilities in Norwich.
(xxi) Trading Agreement and Order No. 8304 issued to City of
Norwich, Department of Public Utilities in Norwich.
(xxii) Trading Agreement and Order No. 8120A, Modification No. 1
issued to Sikorsky Aircraft Corporation in Stratford.
(xxiii) Trading Agreement and Order No. 8120A, Modification No. 2
issued to Sikorsky Aircraft Corporation in Stratford.
(xxiv) Trading Agreement and Order No. 8293 issued to Sikorsky
Aircraft Corporation in Stratford.
(xxv) Trading Agreement and Order No. 8293, Modification No. 1
issued to Sikorsky Aircraft Corporation in Stratford.
(xxvi) Trading Agreement and Order No. 8123A, Modification No. 1
issued to Algonquin Gas Transmission Company in Cromwell.
(xxvii) Trading Agreement and Order No. 8123A, Modification No. 2
issued to Algonquin Gas Transmission Company in Cromwell.
(xxviii) Trading Agreement and Order No. 8134A, Modification No. 1
issued to United Technologies Corporation in East Hartford.
(xxix) Trading Agreement and Order No. 8134A, Modification No. 2
issued to United Technologies Corporation in East Hartford.
(xxx) Trading Agreement and Order No. 8289 issued to United
Technologies Corporation in East Hartford.
(xxxi) Trading Agreement and Order No. 8154A, Modification No. 1
issued to Combustion Engineering, Inc. in Windsor.
(xxxii) Trading Agreement and Order No. 8154A, Modification No. 2
issued to Combustion Engineering, Inc. in Windsor.
(xxxiii) Trading Agreement and Order No. 8180A, Modification No. 2
issued to Connecticut Jet Power LLC in Branford, Greenwich, and
Torrington.
(xxxiv) Trading Agreement and Order No. 8180A, Modification No. 3
issued to Connecticut Jet Power LLC in Branford, Greenwich, and
Torrington.
(xxxv) Trading Agreement and Order No. 8181A, Modification No. 2
issued to Devon Power LLC in Milford.
(xxxvi) Trading Agreement and Order No. 8181A, Modification No. 3
issued to Devon Power LLC in Milford.
(xxxvii) Trading Agreement and Order No. 8219A, Modification No. 2
issued to Devon Power LLC in Milford.
(xxxviii) Trading Agreement and Order No. 8251A, Modification No. 2
issued to Devon Power LLC in Milford.
(xxxix) Trading Agreement and Order No. 8251A, Modification No. 3
issued to Devon Power LLC in Milford.
(xl) Trading Agreement and Order No. 8182A, Modification No. 2
issued to Middleton Power LLC in Middleton.
(xli) Trading Agreement and Order No. 8182A, Modification No. 3
issued to Middleton Power LLC in Middleton.
(xlii) Trading Agreement and Order No. 8213A, Modification No. 2
issued to Middleton Power LLC in Middleton.
(xliii) Trading Agreement and Order No. 8213A, Modification No. 3
issued to Middleton Power LLC in Middleton.
(xliv) Trading Agreement and Order No. 8214A, Modification No. 2
issued to Middleton Power LLC in Middleton.
(xlv) Trading Agreement and Order No. 8214A, Modification No. 3
issued to Middleton Power LLC in Middleton.
(xlvi) Trading Agreement and Order No. 8215A, Modification No. 2
issued to Middleton Power LLC in Middleton.
(xlvii) Trading Agreement and Order No. 8215A, Modification No. 3
issued to Middleton Power LLC in Middleton.
(xlviii) Trading Agreement and Order No. 8183A, Modification No. 2
issued to Montville Power LLC in Montville.
(xlix) Trading Agreement and Order No. 8183A, Modification No. 3
issued to Montville Power LLC in Montville.
(l) Trading Agreement and Order No. 8216A, Modification No. 2
issued to Montville Power LLC in Montville.
(li) Trading Agreement and Order No. 8216A, Modification No. 3
issued to Montville Power LLC in Montville.
(lii) Trading Agreement and Order No. 8217A, Modification No. 2
issued to Montville Power LLC in Montville.
(liii) Trading Agreement and Order No. 8217A, Modification No. 3
issued to Montville Power LLC in Montville.
(liv) Trading Agreement and Order No. 8184A, Modification No. 2
issued to Norwalk Power LLC in Norwalk.
(lv) Trading Agreement and Order No. 8184A, Modification No. 3
issued to Norwalk Power LLC in Norwalk.
(lvi) Trading Agreement and Order No. 8218A, Modification No. 2
issued to Norwalk Power LLC in Norwalk.
(lvii) Trading Agreement and Order No. 8218A, Modification No. 3
issued to Norwalk Power LLC in Norwalk.
(lviii) Trading Agreement and Order No. 8221A, Modification No. 1
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lix) Trading Agreement and Order No. 8221A, Modification No. 2
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lx) Trading Agreement and Order No. 8222A, Modification No. 1
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lxi) Trading Agreement and Order No. 8222A, Modification No. 2
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lxii) Trading Agreement and Order No. 8288 issued to Dominion
Nuclear Connecticut, Inc. in Waterford.
(lxiii) Trading Agreement and Order No. 8288, Modification No. 1
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lxiv) Trading Agreement and Order No. 8240, Modification No. 2
issued to PSEG Power Connecticut LLC in New Haven.
(lxv) Trading Agreement and Order No. 8240, Modification No. 3
issued to PSEG Power Connecticut LLC in New Haven.
(lxvi) Trading Agreement and Order No. 8243, Modification No. 1
issued to PSEG Power Connecticut LLC in New Haven.
(lxvii) Trading Agreement and Order No. 8243, Modification No. 2
issued to PSEG Power Connecticut LLC in New Haven.
(lxviii) Trading Agreement and Order No. 8241, Modification No. 2
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxix) Trading Agreement and Order No. 8241, Modification No. 3
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxx) Trading Agreement and Order No. 8244, Modification No. 2
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxxi) Trading Agreement and Order No. 8244, Modification No. 3
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxxii) Trading Agreement and Order No. 8253, Modification No. 2
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxxiii) Trading Agreement and Order No. 8253, Modification No. 3
issued to
[[Page 62381]]
PSEG Power Connecticut LLC in Bridgeport.
(lxxiv) Trading Agreement and Order No. 8301 issued to PSEG Power
LLC, PSEG Fossil LLC, and PSEG Power Connecticut LLC in Bridgeport.
(lxxv) Trading Agreement and Order No. 8305 issued to PSEG Power
LLC, PSEG Fossil LLC, and PSEG Power Connecticut LLC in New Haven and
Bridgeport.
(lxxvi) Trading Agreement and Order No. 8249, Modification No. 2
issued to Capitol District Energy Center Cogeneration Associates in
Hartford.
(lxxvii) Trading Agreement and Order No. 8249, Modification No. 3
issued to Capitol District Energy Center Cogeneration Associates in
Hartford.
(lxxviii) Trading Agreement and Order No. 8298 issued to Capitol
District Energy Center Cogeneration Associates in Hartford.
(lxxix) Trading Agreement and Order No. 8261, Modification No. 1
issued to Algonquin Power Windsor Locks LLC in Windsor Locks.
(lxxx) Trading Agreement and Order No. 8261, Modification No. 2
issued to Algonquin Power Windsor Locks LLC in Windsor Locks.
(lxxxi) Trading Agreement and Order No. 8299 issued to Algonquin
Power Windsor Locks LLC in Windsor Locks.
(lxxxii) Trading Agreement and Order No. 8269 issued to Cascades
Boxboard Group Connecticut LLC in Versailles.
(lxxxiii) Trading Agreement and Order No. 8269, Modification No. 1
issued to Cascades Boxboard Group Connecticut LLC in Versailles.
(lxxxiv) Trading Agreement and Order No. 8297 issued to Cascades
Boxboard Group Connecticut LLC in Versailles.
(lxxxv) Trading Agreement and Order No. 8272 issued to NE Hydro
Generating Company in Preston.
(lxxxvi) Trading Agreement and Order No. 8279 issued to First Light
Hydro Generating Company in Preston.
(lxxxvii) Trading Agreement and Order No. 8303 issued to First
Light Hydro Generating Company in Preston.
(lxxxviii) Trading Agreement and Order No. 8300 issued to NRG
Energy, Inc., Middletown Power LLC, NRG Middletown Operations Inc.,
Montville Power LLC, NRG Montville Operations Inc., Norwalk Power LLC,
NRG Norwalk Harbor Operations Inc., and Connecticut Jet Power LLC in
Branford, Greenwich, Torrington, Middletown, Norwalk, Milford, and
Montville.
(lxxxix) Trading Agreement and Order No. 8306 issued to NRG Energy,
Inc., Middletown Power LLC, NRG Middletown Operations Inc., Montville
Power LLC, NRG Montville Operations Inc., Norwalk Power LLC, and NRG
Norwalk Harbor Operations Inc. in Middletown, Montville, and Norwalk.
(xc) Trading Agreement and Order No. 8110A issued to Yale
University in New Haven.
* * * * *
[FR Doc. 2016-21453 Filed 9-8-16; 8:45 am]
BILLING CODE 6560-50-P
