Air Plan Approval; Connecticut; General Permit To Limit Potential To Emit From Major Stationary Sources of Air Pollution, 18868-18871 [2017-08109]
Download as PDF
18868
Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations
of all concerned. The Mohawk
Northeast, Inc. project work vessels will
be monitoring VHF channels 13 and 16.
(5) Any vessel given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP Long Island Sound,
or the designated on scene
representative.
(6) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
Dated: March 31, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2017–08219 Filed 4–21–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0542; A–1–FRL–
9952–93–Region 1]
Air Plan Approval; Connecticut;
General Permit To Limit Potential To
Emit From Major Stationary Sources of
Air Pollution
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.
This revision approves into the
Connecticut SIP the provisions of
Connecticut’s ‘‘General Permit to Limit
Potential to Emit from Major Stationary
Sources of Air Pollution’’ (GPLPE) as
they apply to the restriction of
emissions of criteria pollutants for
which EPA has established national
ambient air quality standards.
Separately, we are also approving the
provisions of the GPLPE as it applies to
the restriction of emissions of hazardous
air pollutants (HAPs). The State issued
the GPLPE on November 9, 2015. The
permit imposes legally and practicably
enforceable emissions limitations
restricting eligible sources’ potential to
emit air pollutants. Such restrictions
would generally allow eligible sources
to avoid having to comply with
reasonably available control technology
(RACT) that would otherwise apply to
major stationary sources, title V
operating permit requirements, or other
requirements that apply only to major
stationary sources. This action is being
taken in accordance with the Clean Air
Act (CAA or the Act).
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:01 Apr 21, 2017
Jkt 241001
This direct final rule will be
effective from June 23, 2017 to
November 8, 2020, unless EPA receives
adverse comments by May 24, 2017. 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 No. EPA–R01–
OAR–2016–0542 at https://
www.regulations.gov, or via email to
mcdonnell.ida@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the ‘‘For
Further Information Contact’’ section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lancey, Air Permits, Toxics, and
Indoor Programs Unit, Office of
Ecosystem Protection, 5 Post Office
Square—Suite 100 (Mail code OEP05–
2), Boston, MA 02109–3912, telephone
617–918–1656, fax 617–918–0656, email
lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
DATES:
I. Background and Purpose
II. Evaluation of the GPLPE Under Section
110 of the Clean Air Act
III. Evaluation of the GPLPE Under Section
112 of the Clean Air Act
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
I. Background and Purpose
In a letter dated June 27, 2016, the
State of Connecticut submitted a formal
revision to its State Implementation
Plan (SIP). The SIP revision consists of
Connecticut’s GPLPE as it relates to
criteria pollutants. Federallyenforceable limits on criteria pollutants
or their precursors (e.g., VOCs or PM–
10) may have the incidental effect of
limiting certain HAPs listed pursuant to
section 112(b) of the Act. As a legal
matter, no additional program approval
by the EPA is required beyond SIP
approval under section 110 in order for
these criteria pollutant limits to be
recognized as federally enforceable.
However, section 112 of the Act
provides the underlying authority for
controlling all HAP emissions,
regardless of their relationship to
criteria pollutant controls.
Connecticut’s June 27, 2016 letter also
requested that EPA approve the GPLPE
under section 112(l) of the CAA, as the
GPLPE relates to HAPs. The GPLPE was
issued on November 9, 2015 and expires
on November 8, 2020. As noted earlier,
the GPLPE is a general permit designed
to limit air pollutant emissions from
major stationary sources to below major
source thresholds by including legally
and practicably enforceable permit
restrictions on potential and actual
emissions.
By letter dated August 18, 2016, CT
DEEP withdrew from its June 27, 2016
SIP submittal, all explicit and implicit 1
references in the GPLPE to greenhouse
gases (GHGs). The explicit references in
the GPLPE are not being approved by
EPA in this notice. In addition to those
explicit references, to the extent that
any provisions of, or definitions
contained in, the GPLPE implicitly
cover or address GHGs as a matter of
state law, EPA’s approval in this notice
of the GPLPE specifically does not
include such provisions or definitions
in relation to GHGs. However, our
approval excludes such definitions and
provisions only insofar as, and to the
extent that, they cover or address GHGs.
To the extent that the same definitions
and provisions implicitly address any
and all other pollutants addressed by
the GPLPE, those definitions and
provisions are being approved into the
SIP by EPA in this notice for purposes
of those pollutants. In other words,
EPA’s approval of the GPLPE
specifically excludes applicability of the
1 Certain terms used in the GPLPE are more fully
defined in other parts of the State’s SIP or Title V
program regulations. To the extent that such terms
are used in the GPLPE they would implicitly cover
or address GHGs. These implicit references to GHGs
also were withdrawn by Connecticut.
E:\FR\FM\24APR1.SGM
24APR1
Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations
jstallworth on DSK7TPTVN1PROD with RULES
GPLPE to sources of GHGs for purposes
of federal law consistent with the U.S.
Supreme Court’s decision addressing
the application of PSD permitting
requirements to GHG emissions. See
Utility Air Regulatory Group v.
Environmental Protection Agency, 134
S. Ct. 2427. This does not, however,
affect applicability of the GPLPE to
sources of GHGs for purposes of state
law.
We note that inclusion in our
approval of Section 7 of the GPLPE,
entitled ‘‘Commissioner’s Powers,’’ does
not, as a matter of law, and is not
intended to, supersede or in any way
affect EPA’s authority under the CAA in
relation to enforcement or any other
authority. 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.
II. Evaluation of the GPLPE Under
Section 110 of the Clean Air Act
As noted earlier, the State of
Connecticut’s principal purpose in
issuing the GPLPE is to have a federally
and practicably enforceable means of
expeditiously restricting sources’
potential and actual emissions of air
pollutants, such that those eligible
sources would no longer be required to
comply with reasonably available
control technology (RACT) that would
otherwise apply to major stationary
sources, title V operating permit
requirements, or other requirements that
only apply to major stationary sources.
The operating permit provisions in title
V of the Clean Air Act Amendments of
1990 created interest in mechanisms for
limiting sources’ potential to emit,
thereby allowing eligible sources to
avoid being defined as ‘‘major’’ with
respect to title V operating permit
programs. Please note, however, that a
source that is eligible for coverage under
the GPLPE may still need a title V
operating permit if EPA promulgates a
National Emissions Standard for
Hazardous Air Pollutants (NESHAP)
which requires non-major sources to
obtain a title V permit.
The GPLPE requires a permittee to
submit a registration that includes,
among other things, calculation of a
source’s potential and actual emissions
of regulated air pollutants and a detailed
description of the methodology used to
calculate those actual and potential
emissions. The methodology used by an
eligible source must be selected from a
preferential hierarchy of methodologies
explicitly identified in the GPLPE.
VerDate Sep<11>2014
13:01 Apr 21, 2017
Jkt 241001
Under the GPLPE, facilities may register
to be limited to emissions less than 50%
of the title V operating permit program
thresholds for a major source; or,
alternatively, facilities with certain
specified source categories may apply to
be limited to emissions up to, but no
more than, 80% of the title V operating
permit program thresholds for a major
source, provided the permittee conducts
the additional specified monitoring and
any other additional requirements
required by the GPLPE for the relevant
source category. Section 5 of the GPLPE
contains emissions limitations,
requirements for the source to calculate
potential and actual emissions,
monitoring requirements, recordkeeping
requirements, and requires eligible
sources to submit an annual compliance
certification. This approach was
developed in accordance with an EPA
guidance document entitled ‘‘Options
for Limiting Potential to Emit of a
Stationary Source under Section 112
and Title V of the Clean Air Act,’’ issued
by John Seitz, Office of Air Quality
Planning and Standards to EPA Air
Division Directors, dated January 25,
1995. This guidance outlines various
approaches to establishing federallyenforceable mechanisms to limit
emissions from sources that wish to
limit potential emissions to below major
source levels.
We note that Connecticut is not
relying on the GPLPE’s emissions
limitations for any National Ambient
Air Quality Standards (NAAQS)
attainment demonstration purposes. The
GPLPE has a permit term of five years
and expires on November 8, 2020.
Therefore, when the permit expires as a
matter of state law on November 8,
2020, the permit also will no longer be
an enforceable part of the Connecticut
SIP for purposes of federal law.
The GPLPE satisfies the criteria
necessary for EPA’s approval as a SIP
revision under section 110 of the CAA.
The GPLPE contains legally enforceable
limitations on emissions that are also
federally and practicably enforceable.
As noted earlier, Connecticut is also
seeking approval of the GPLPE under
section 112(l) of the CAA for the
purpose of limiting an eligible source’s
potential and actual emissions of HAPs.
The following is a discussion of EPA’s
criteria for approval of the GPLPE under
section 112(l).
III. Evaluation of the GPLPE Under
Section 112 of the Clean Air Act
The state of Connecticut has also
requested approval of its GPLPE under
section 112(l) of the Act for the purpose
of creating federally enforceable
limitations on the potential to emit of
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
18869
HAPs. Approval under section 112(l) is
necessary because the SIP approval
discussed above, pursuant to section
110 of the Act, does not extend to HAPs.
Approval pursuant to section 112(l) of
the Act will render the GPLPE federally
enforceable for sources of HAPs.
In order for EPA to approve the
Connecticut GPLPE for limiting the
potential to emit of HAPs, the GPLPE
must meet the statutory criteria for
approval under section 112(l)(5) of the
Act. In a July 10, 1996 Federal Register
notice EPA revised 40 CFR part 63,
subpart E, to provide for approval of
programs designed to limit sources’
potential to emit HAPs under the
authority of section 112(l) of the CAA.
A state must demonstrate that it has
satisfied the general approval criteria
contained in 40 CFR 63.91(d). The
process of providing ‘‘up-front
approval’’ assures that a state has met
the criteria in Section 112(l)(5) of the
CAA (as codified in 40 CFR 63.91(d)).
That is, that the state has demonstrated
that its program contains adequate
authorities to assure compliance with
each applicable Federal requirement,
adequate resources for implementation,
and an expeditious compliance
schedule. Under 40 CFR 63.91(d) (3),
interim or final title V operating permit
program approval satisfies the criteria
set forth in 40 CFR 63.91(d) for ‘‘upfront approval.’’ On May 13, 2002, EPA
granted full approval of Connecticut’s
title V operating permit program. See 67
FR 31966. Accordingly, the EPA is
approving the Connecticut GPLPE
pursuant to 40 CFR part 63, subpart E
and section 112(l) of the Act because the
program meets the applicable approval
criteria in section 112(l)(5) of the Act
and 40 CFR 63.91.
IV. Final Action
EPA is approving Connecticut’s
GPLPE as a revision to the State’s SIP
with respect to criteria pollutants and is
separately approving the GPLPE under
section 112(l) of the Act with respect to
HAPs. The GPLPE was issued on
November 9, 2015 and has an expiration
date of November 8, 2020. EPA is not
taking any action on any implicit or
explicit references to GHGs contained in
the GPLPE (which Connecticut
withdrew from the June 27, 2016 SIP
submittal). EPA is approving
Connecticut’s request in accordance
with the requirements of sections 110
and 112 of the CAA.
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
E:\FR\FM\24APR1.SGM
24APR1
18870
Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations
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 June 23,
2017 without further notice unless the
Agency receives relevant adverse
comments by May 24, 2017.
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 June 23, 2017 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.
jstallworth on DSK7TPTVN1PROD with RULES
V. 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
General Permit to Limit Potential to
Emit from Major Stationary Sources,
issuance date November 9, 2015, except
for all provisions related to greenhouse
gases which Connecticut withdrew from
consideration as part of the SIP as
described in the amendments to 40 CFR
part 52 set forth below. The EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov, and/or at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. 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
VerDate Sep<11>2014
13:01 Apr 21, 2017
Jkt 241001
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
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 23, 2017.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 10, 2017.
Deborah A. Szaro,
Acting 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:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.370 is amended by
adding paragraph (c)(114) to read as
follows:
■
E:\FR\FM\24APR1.SGM
24APR1
Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations
§ 52.370
Identification of plan.
*
*
*
*
*
(c) * * *
(114) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on June 27,
2016 and August 18, 2016.
(i) Incorporation by reference.
(A) General Permit to Limit Potential
to Emit from Major Stationary Sources,
issuance date November 9, 2015, except
for the provisions listed below, related
to greenhouse gases which Connecticut
withdrew from consideration as part of
the SIP.
(1) In Section 2, the definitions for
‘‘Carbon Dioxide Equivalent Emissions’’
or ‘‘CO2’’, ‘‘Greenhouse Gases’’ or
‘‘GHG’’, ‘‘Hydroflourocarbon’’ or
‘‘HFC’’, and ‘‘Perfluorocarbon’’ or
‘‘PFCs’’ in paragraph (a);
(2) In Sections 4 and 5, the words
‘‘excluding GHG which are limited to
less than 100% of Title V source
threshold as defined in section 22a–
174–33(a)(10)(F)(iv) of the Regulations
of Connecticut State Agencies’’ in
paragraphs (4)(c)(2)(E)(i) and (ii),
4(c)(2)(J), 4(d)(1), and 4(g)(5)(A) and (B);
and 5(a)(1) and (2);
(3) In Section 5, the words ‘‘excluding
GHG which are limited to less than
100% of Title V source threshold’’ in
the introductory paragraph;
(4) In Section 5, paragraphs
5(b)(2)(A)(vi) and 5(b)(2)(B)(i);
(5) In Section 5, the words ‘‘and (vi)’’
in paragraph 5(b)(2)(A)(vii); and
(6) In Section 5, the words ‘‘other than
GHG’’ in paragraphs 5(b)(2)(B)(ii) and
(iii).
[FR Doc. 2017–08109 Filed 4–21–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Parts 221, 307, 340, and 356
RIN 2133–AB89
Annual Civil Monetary Penalties
Adjustment
Maritime Administration,
Department of Transportation.
ACTION: Final rule.
jstallworth on DSK7TPTVN1PROD with RULES
AGENCY:
The Maritime Administration
(MARAD) is updating its regulations to
reflect required annual inflation-related
increases to the civil monetary penalties
in its regulations, pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015. This final rule adjusts civil
SUMMARY:
VerDate Sep<11>2014
13:01 Apr 21, 2017
Jkt 241001
penalty amounts for violations of
procedures related to the American
Fisheries Act, certain regulated
transactions involving documented
vessels, the Automated Mutual
Assistance Vessel Rescue program
(AMVER) and the Defense Production
Act.
MARAD finds that good cause exists
for immediate implementation of this
final rule because prior notice and
comment are unnecessary, per the
specific provisions of the 2015 Act.
DATES: This rule is effective May 4,
2017.
ADDRESSES: Office of Chief Counsel,
MAR 225, Maritime Administration,
1200 New Jersey Avenue SE., West
Building, Second Floor, Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: T.
Mitchell Hudson, Jr., Office of Chief
Counsel, MARAD, telephone (202) 366–
9373, email to: rulemakings.marad@
dot.gov, 1200 New Jersey Ave. SE.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Sec. 701 of Pub. L. 114–74) (the
‘‘2015 Act’’), which is intended to
improve the effectiveness of civil
monetary penalties and to maintain the
deterrent effect of such penalties,
requires agencies to adjust the civil
monetary penalties for inflation
annually.
II. Administrative Procedures Act
Generally, agencies may promulgate
final rules only after issuing a notice of
proposed rulemaking and providing an
opportunity for public comment under
procedures required by the APA, as
provided in 5 U.S.C. 553(b) and (c). The
APA, in 5 U.S.C. 553(b)(3)(B), provides
an exception from these requirements
when notice and public comment
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ MARAD finds that prior
notice and comment to this civil penalty
adjustment is unnecessary because
section 4 of the 2015 Act specifically
requires the annual adjustments to be
accomplished through final rule without
notice and comment.
Also pursuant to the APA (5 U.S.C.
553(d)(3)), the rule will be effective 10
days after publication in the Federal
Register. Delaying the effective date for
30 days after publication would be
contrary to the direction provided in the
2015 Act, which states that annual
adjustments be made by January 15th of
each year. As this final rule is already
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
18871
past that deadline, further delay would
be contrary to the public interest.
III. Regulatory History
On June 30, 2016, MARAD published
an interim final rule using an initial
‘‘catch up’’ adjustment, as required by
section 4 of the 2015 Act (81 FR 41453).
Just like this final rule, the interim final
rule made adjustments to civil penalty
amounts for violations of procedures
related to the American Fisheries Act,
certain regulated transactions involving
documented vessels, the Automated
Mutual Assistance Vessel Rescue
program (AMVER) and the Defense
Production Act.
III. Calculation of Adjustment
The annual inflation adjustment for
each applicable civil monetary penalty
is determined using the percent increase
in the Consumer Price Index for all
Urban Consumers (CPI–U) for the month
of October of the year in which the
amount of each civil penalty was most
recently established or modified. In the
December 16, 2016, OMB Memorandum
for the Heads of Executive Agencies and
Departments, M–17–11, Implementation
of the 2017 annual adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, OMB published the multiplier for
the required annual adjustment. The
cost-of-living adjustment multiplier for
2017, based on the CPI–U for the month
of October 2016, not seasonally
adjusted, is 1.01636.
Using the 2017 multiplier, MARAD
adjusts all its applicable monetary
penalties.
Inflationary Adjustments to Penalty
Amounts in 46 CFR Part 221
Changes to Civil Penalties for Regulated
Transactions Involving Vessel
Ownership Transfers and Other
Maritime Interests (46 CFR 221.61)
The maximum civil penalties arising
under 46 CFR 221.61 have not been
updated since they were established,
except for inflationary adjustments
pursuant to the Inflation Adjustment
Act of 1990. Applying the multiplier for
the increase in CPI–U for 2017, the
maximum civil penalty for a single
violation of any provision under 46
U.S.C. Chapter 313 and all of Subtitle III
related MARAD regulations, except
section 31329, specified in 31309 of
Title 46 of the United States Code is
adjusted to $20,111. Likewise, the
maximum civil penalty for a single
violation of 31329 of Title 46 of the
United States Code as it relates to the
court sales of documented vessels,
specified in 31330 of Title 46 of the
E:\FR\FM\24APR1.SGM
24APR1
Agencies
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18868-18871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08109]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2016-0542; A-1-FRL-9952-93-Region 1]
Air Plan Approval; Connecticut; General Permit To Limit Potential
To Emit From Major Stationary Sources of Air Pollution
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. This revision approves into the Connecticut SIP the
provisions of Connecticut's ``General Permit to Limit Potential to Emit
from Major Stationary Sources of Air Pollution'' (GPLPE) as they apply
to the restriction of emissions of criteria pollutants for which EPA
has established national ambient air quality standards. Separately, we
are also approving the provisions of the GPLPE as it applies to the
restriction of emissions of hazardous air pollutants (HAPs). The State
issued the GPLPE on November 9, 2015. The permit imposes legally and
practicably enforceable emissions limitations restricting eligible
sources' potential to emit air pollutants. Such restrictions would
generally allow eligible sources to avoid having to comply with
reasonably available control technology (RACT) that would otherwise
apply to major stationary sources, title V operating permit
requirements, or other requirements that apply only to major stationary
sources. This action is being taken in accordance with the Clean Air
Act (CAA or the Act).
DATES: This direct final rule will be effective from June 23, 2017 to
November 8, 2020, unless EPA receives adverse comments by May 24, 2017.
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 No. EPA-R01-
OAR-2016-0542 at https://www.regulations.gov, or via email to
mcdonnell.ida@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics, and
Indoor Programs Unit, Office of Ecosystem Protection, 5 Post Office
Square--Suite 100 (Mail code OEP05-2), Boston, MA 02109-3912, telephone
617-918-1656, fax 617-918-0656, email lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Evaluation of the GPLPE Under Section 110 of the Clean Air Act
III. Evaluation of the GPLPE Under Section 112 of the Clean Air Act
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
In a letter dated June 27, 2016, the State of Connecticut submitted
a formal revision to its State Implementation Plan (SIP). The SIP
revision consists of Connecticut's GPLPE as it relates to criteria
pollutants. Federally-enforceable limits on criteria pollutants or
their precursors (e.g., VOCs or PM-10) may have the incidental effect
of limiting certain HAPs listed pursuant to section 112(b) of the Act.
As a legal matter, no additional program approval by the EPA is
required beyond SIP approval under section 110 in order for these
criteria pollutant limits to be recognized as federally enforceable.
However, section 112 of the Act provides the underlying authority for
controlling all HAP emissions, regardless of their relationship to
criteria pollutant controls.
Connecticut's June 27, 2016 letter also requested that EPA approve
the GPLPE under section 112(l) of the CAA, as the GPLPE relates to
HAPs. The GPLPE was issued on November 9, 2015 and expires on November
8, 2020. As noted earlier, the GPLPE is a general permit designed to
limit air pollutant emissions from major stationary sources to below
major source thresholds by including legally and practicably
enforceable permit restrictions on potential and actual emissions.
By letter dated August 18, 2016, CT DEEP withdrew from its June 27,
2016 SIP submittal, all explicit and implicit \1\ references in the
GPLPE to greenhouse gases (GHGs). The explicit references in the GPLPE
are not being approved by EPA in this notice. In addition to those
explicit references, to the extent that any provisions of, or
definitions contained in, the GPLPE implicitly cover or address GHGs as
a matter of state law, EPA's approval in this notice of the GPLPE
specifically does not include such provisions or definitions in
relation to GHGs. However, our approval excludes such definitions and
provisions only insofar as, and to the extent that, they cover or
address GHGs. To the extent that the same definitions and provisions
implicitly address any and all other pollutants addressed by the GPLPE,
those definitions and provisions are being approved into the SIP by EPA
in this notice for purposes of those pollutants. In other words, EPA's
approval of the GPLPE specifically excludes applicability of the
[[Page 18869]]
GPLPE to sources of GHGs for purposes of federal law consistent with
the U.S. Supreme Court's decision addressing the application of PSD
permitting requirements to GHG emissions. See Utility Air Regulatory
Group v. Environmental Protection Agency, 134 S. Ct. 2427. This does
not, however, affect applicability of the GPLPE to sources of GHGs for
purposes of state law.
---------------------------------------------------------------------------
\1\ Certain terms used in the GPLPE are more fully defined in
other parts of the State's SIP or Title V program regulations. To
the extent that such terms are used in the GPLPE they would
implicitly cover or address GHGs. These implicit references to GHGs
also were withdrawn by Connecticut.
---------------------------------------------------------------------------
We note that inclusion in our approval of Section 7 of the GPLPE,
entitled ``Commissioner's Powers,'' does not, as a matter of law, and
is not intended to, supersede or in any way affect EPA's authority
under the CAA in relation to enforcement or any other authority. 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.
II. Evaluation of the GPLPE Under Section 110 of the Clean Air Act
As noted earlier, the State of Connecticut's principal purpose in
issuing the GPLPE is to have a federally and practicably enforceable
means of expeditiously restricting sources' potential and actual
emissions of air pollutants, such that those eligible sources would no
longer be required to comply with reasonably available control
technology (RACT) that would otherwise apply to major stationary
sources, title V operating permit requirements, or other requirements
that only apply to major stationary sources. The operating permit
provisions in title V of the Clean Air Act Amendments of 1990 created
interest in mechanisms for limiting sources' potential to emit, thereby
allowing eligible sources to avoid being defined as ``major'' with
respect to title V operating permit programs. Please note, however,
that a source that is eligible for coverage under the GPLPE may still
need a title V operating permit if EPA promulgates a National Emissions
Standard for Hazardous Air Pollutants (NESHAP) which requires non-major
sources to obtain a title V permit.
The GPLPE requires a permittee to submit a registration that
includes, among other things, calculation of a source's potential and
actual emissions of regulated air pollutants and a detailed description
of the methodology used to calculate those actual and potential
emissions. The methodology used by an eligible source must be selected
from a preferential hierarchy of methodologies explicitly identified in
the GPLPE. Under the GPLPE, facilities may register to be limited to
emissions less than 50% of the title V operating permit program
thresholds for a major source; or, alternatively, facilities with
certain specified source categories may apply to be limited to
emissions up to, but no more than, 80% of the title V operating permit
program thresholds for a major source, provided the permittee conducts
the additional specified monitoring and any other additional
requirements required by the GPLPE for the relevant source category.
Section 5 of the GPLPE contains emissions limitations, requirements for
the source to calculate potential and actual emissions, monitoring
requirements, recordkeeping requirements, and requires eligible sources
to submit an annual compliance certification. This approach was
developed in accordance with an EPA guidance document entitled
``Options for Limiting Potential to Emit of a Stationary Source under
Section 112 and Title V of the Clean Air Act,'' issued by John Seitz,
Office of Air Quality Planning and Standards to EPA Air Division
Directors, dated January 25, 1995. This guidance outlines various
approaches to establishing federally-enforceable mechanisms to limit
emissions from sources that wish to limit potential emissions to below
major source levels.
We note that Connecticut is not relying on the GPLPE's emissions
limitations for any National Ambient Air Quality Standards (NAAQS)
attainment demonstration purposes. The GPLPE has a permit term of five
years and expires on November 8, 2020. Therefore, when the permit
expires as a matter of state law on November 8, 2020, the permit also
will no longer be an enforceable part of the Connecticut SIP for
purposes of federal law.
The GPLPE satisfies the criteria necessary for EPA's approval as a
SIP revision under section 110 of the CAA. The GPLPE contains legally
enforceable limitations on emissions that are also federally and
practicably enforceable. As noted earlier, Connecticut is also seeking
approval of the GPLPE under section 112(l) of the CAA for the purpose
of limiting an eligible source's potential and actual emissions of
HAPs. The following is a discussion of EPA's criteria for approval of
the GPLPE under section 112(l).
III. Evaluation of the GPLPE Under Section 112 of the Clean Air Act
The state of Connecticut has also requested approval of its GPLPE
under section 112(l) of the Act for the purpose of creating federally
enforceable limitations on the potential to emit of HAPs. Approval
under section 112(l) is necessary because the SIP approval discussed
above, pursuant to section 110 of the Act, does not extend to HAPs.
Approval pursuant to section 112(l) of the Act will render the GPLPE
federally enforceable for sources of HAPs.
In order for EPA to approve the Connecticut GPLPE for limiting the
potential to emit of HAPs, the GPLPE must meet the statutory criteria
for approval under section 112(l)(5) of the Act. In a July 10, 1996
Federal Register notice EPA revised 40 CFR part 63, subpart E, to
provide for approval of programs designed to limit sources' potential
to emit HAPs under the authority of section 112(l) of the CAA. A state
must demonstrate that it has satisfied the general approval criteria
contained in 40 CFR 63.91(d). The process of providing ``up-front
approval'' assures that a state has met the criteria in Section
112(l)(5) of the CAA (as codified in 40 CFR 63.91(d)). That is, that
the state has demonstrated that its program contains adequate
authorities to assure compliance with each applicable Federal
requirement, adequate resources for implementation, and an expeditious
compliance schedule. Under 40 CFR 63.91(d) (3), interim or final title
V operating permit program approval satisfies the criteria set forth in
40 CFR 63.91(d) for ``up-front approval.'' On May 13, 2002, EPA granted
full approval of Connecticut's title V operating permit program. See 67
FR 31966. Accordingly, the EPA is approving the Connecticut GPLPE
pursuant to 40 CFR part 63, subpart E and section 112(l) of the Act
because the program meets the applicable approval criteria in section
112(l)(5) of the Act and 40 CFR 63.91.
IV. Final Action
EPA is approving Connecticut's GPLPE as a revision to the State's
SIP with respect to criteria pollutants and is separately approving the
GPLPE under section 112(l) of the Act with respect to HAPs. The GPLPE
was issued on November 9, 2015 and has an expiration date of November
8, 2020. EPA is not taking any action on any implicit or explicit
references to GHGs contained in the GPLPE (which Connecticut withdrew
from the June 27, 2016 SIP submittal). EPA is approving Connecticut's
request in accordance with the requirements of sections 110 and 112 of
the CAA.
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
[[Page 18870]]
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 June 23, 2017 without
further notice unless the Agency receives relevant adverse comments by
May 24, 2017.
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 June 23, 2017 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.
V. 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
General Permit to Limit Potential to Emit from Major Stationary
Sources, issuance date November 9, 2015, except for all provisions
related to greenhouse gases which Connecticut withdrew from
consideration as part of the SIP as described in the amendments to 40
CFR part 52 set forth below. The EPA has made, and will continue to
make, these materials generally available through www.regulations.gov,
and/or at the EPA Region 1 Office (please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section of this preamble for
more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 23, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 10, 2017.
Deborah A. Szaro,
Acting 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)(114) to read as
follows:
[[Page 18871]]
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(114) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on June
27, 2016 and August 18, 2016.
(i) Incorporation by reference.
(A) General Permit to Limit Potential to Emit from Major Stationary
Sources, issuance date November 9, 2015, except for the provisions
listed below, related to greenhouse gases which Connecticut withdrew
from consideration as part of the SIP.
(1) In Section 2, the definitions for ``Carbon Dioxide Equivalent
Emissions'' or ``CO2'', ``Greenhouse Gases'' or ``GHG'',
``Hydroflourocarbon'' or ``HFC'', and ``Perfluorocarbon'' or ``PFCs''
in paragraph (a);
(2) In Sections 4 and 5, the words ``excluding GHG which are
limited to less than 100% of Title V source threshold as defined in
section 22a-174-33(a)(10)(F)(iv) of the Regulations of Connecticut
State Agencies'' in paragraphs (4)(c)(2)(E)(i) and (ii), 4(c)(2)(J),
4(d)(1), and 4(g)(5)(A) and (B); and 5(a)(1) and (2);
(3) In Section 5, the words ``excluding GHG which are limited to
less than 100% of Title V source threshold'' in the introductory
paragraph;
(4) In Section 5, paragraphs 5(b)(2)(A)(vi) and 5(b)(2)(B)(i);
(5) In Section 5, the words ``and (vi)'' in paragraph
5(b)(2)(A)(vii); and
(6) In Section 5, the words ``other than GHG'' in paragraphs
5(b)(2)(B)(ii) and (iii).
[FR Doc. 2017-08109 Filed 4-21-17; 8:45 am]
BILLING CODE 6560-50-P