Air Plan Approval; CT; Reasonably Available Control Technology for the 2008 Ozone Standard, 35454-35457 [2017-15716]
Download as PDF
<![CDATA[
35454
Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations
Applicable
geographic
area
Name of non-regulatory SIP
revision
State
submittal
date
*
*
Maryland Regional Haze Plan Statewide .......
*
11/28/2016
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2014–0611; A–1–FRL–
9963–89–Region 1]
Air Plan Approval; CT; Reasonably
Available Control Technology for the
2008 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Connecticut.
These SIP revisions consist of a
demonstration that Connecticut meets
the requirements to implement
reasonably available control technology
(RACT) for the two precursors of
ground-level ozone, oxides of nitrogen
(NOX) and volatile organic compounds
(VOCs), set forth by the Clean Air Act
(CAA) with respect to the 2008 ozone
standard. Additionally, we are
approving three related regulations that
limit air emissions of NOX from sources
within the State. This action is being
taken in accordance with the Clean Air
Act.
DATES: This rule is effective on August
30, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2014–0611. 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, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
SUMMARY:
16:19 Jul 28, 2017
*
7/31/2017 [insert Federal
Register citation].
*
BILLING CODE 6560–50–P
sradovich on DSKBCFCHB2PROD with RULES
*
*
[FR Doc. 2017–15979 Filed 7–28–17; 8:45 am]
VerDate Sep<11>2014
EPA
approval
date
Jkt 241001
Additional explanation
*
*
*
Establishes the alternative BART limits for Verso Luke
Paper Mill power boiler 24 of 0.28 lb/MMBtu, measured
as an hourly average for SO2; and 0.4 lb/MMBtu, measured on a 30-day rolling average for NOX; and 9,876 SO2
cap on power boiler 25. Also incorporates by reference
monitoring, recordkeeping and reporting requirements.
These requirements replace BART measure originally approved on 2/13/12 for Luke Paper Mill.
*
*
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square, Suite 100 (mail
code: OEP05–2), Boston, MA 02109–
3912, telephone number (617) 918–
1046, fax number (617) 918–0046, email
mcconnell.robert@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On April 6, 2017 (82 FR 16772), EPA
published a Notice of Proposed
Rulemaking (NPR) for the State of
Connecticut. The NPR proposed
approval of a demonstration that
Connecticut meets the RACT
requirements for NOX and VOCs, set
forth by the Clean Air Act with respect
to the 2008 ozone standard.
Additionally, Connecticut also
submitted to EPA and we proposed
approval of portions of a revised
regulation limiting NOX emissions from
municipal waste combustors (MWCs), a
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
*
*
regulation limiting NOX emissions from
major sources of air emissions, and a
regulation limiting emissions from nonmajor sources of NOX emissions. The
State submitted its RACT demonstration
on July 18, 2014, the revised MWC
regulation on September 16, 2016, and
the regulations limiting NOX emissions
from major and non-major sources on
January 24, 2017. By letter dated March
31, 2017, Connecticut withdrew a
number of provisions from these
submittals that do not pertain to NOX or
VOC control requirements, and
therefore are not germane to this action.
The specific details of Connecticut’s
RACT certification for the 2008 ozone
NAAQS and its three NOX regulations,
as well as the rationale for our proposed
approval are explained in the NPR and
will not be restated here. We received a
total of six public comments in response
to the NPR. One public comment was in
favor of our proposal and the others
either were irrelevant to our proposed
action and/or lacked sufficient
specificity with respect to the SIP action
being proposed, failing to articulate
what the commenter believed EPA
should do to change or revise its
proposed approval. All of the comments
received are included in the docket for
today’s action.
II. Final Action
EPA is approving Connecticut’s
demonstration that it meets the CAA
RACT requirements for NOX and VOCs
for purposes of the 2008 ozone standard,
and is also approving portions of a
revised regulation limiting NOX
emissions from MWCs, and regulations
limiting NOX emissions from major and
minor sources of air emissions, as
revisions to the Connecticut SIP.
Additionally, we are approving a
number of minor edits made to existing
parts of Connecticut’s air pollution
control regulations that were updated to
make citations correctly reference the
State’s newly adopted regulations. Last,
we are approving a number of negative
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations
declarations for Control Technique
Guidelines categories for which
Connecticut asserts no facilities exist
within its borders.
III. 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
sections of the State of Connecticut
Regulation of Department of Energy and
Environmental Protection noted in this
final rulemaking. The EPA has made,
and will continue to make, these
documents generally available through
https://www.regulations.gov.
sradovich on DSKBCFCHB2PROD with RULES
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (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);
VerDate Sep<11>2014
16:19 Jul 28, 2017
Jkt 241001
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 29,
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. 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
35455
requirements, Volatile organic
compounds.
Dated: June 5, 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—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 52.370 is amended by
a. adding paragraph (c)(90)(i)(B);
b. adding paragraph (c)(97)(i)(B); and
c. adding paragraph (c)(116) to read as
follows:
■
■
■
■
§ 52.370
Identification of plan.
*
*
*
*
*
(c) * * *
(90) * * *
(i) * * *
(B) Section 22a–174–38, subsections
(a), (c), (d), (i), (j), (k), and (l) were
revised as published in the Connecticut
Law Journal, volume 78, no. 17, on
October 25, 2016. Subsection (d) is
removed from the SIP without
replacement. See paragraph (116)(i)(A).
*
*
*
*
*
(97) * * *
(i) * * *
(B) Section 22a–174–22c, subsection
(g)(3) is removed from the SIP without
replacement effective December 22,
2016. See paragraph (116)(i)(B).
*
*
*
*
*
(116) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on September
16, 2016, and January 24, 2017.
(i) Incorporation by reference. (A)
Regulations of Connecticut State
Agencies, Administrative Regulation of
the Department of Energy and
Environmental Protection, Municipal
Waste Combustors, revisions to section
22a–174–38 as published in the
Connecticut Law Journal, volume 78,
no. 17, on October 25, 2016.
(1) Subsection (c), subdivision (8);
(2) Subsection (c), subdivisions (16),
and (17);
(3) Subsection (d);
(4) Subsection (i), subdivisions (4)(E)
and (J);
(5) Subsection (i), subdivision (5);
(6) Subsection (j), subdivision (4);
E:\FR\FM\31JYR1.SGM
31JYR1
35456
Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations
(7) Subsection (k), subdivision (9)
with the exceptions of the phrase
‘‘particulate matter, opacity, cadmium,
lead, mercury, dioxin/furan emissions,
hydrogen chloride, fugitive ash and’’
and the sentence ‘‘The maximum
demonstrated municipal waste
combustor unit load and maximum
demonstrated particulate matter control
device temperature shall be recorded for
the initial performance test for dioxin/
furan emissions for each particulate
matter control device.’’; and subdivision
(10), with the exceptions of the phrase
‘‘for particulate matter, cadmium, lead,
mercury, dioxin/furan emissions,
hydrogen chloride, fugitive ash and’’
and the sentence ‘‘The maximum
demonstrated municipal waste
combustor unit load and maximum
demonstrated particulate matter control
device temperature (for each particulate
matter control device) shall be recorded
for the initial performance test for
dioxin/furan emissions.’’
(8) Subsection (l), subdivision
(3)(A)(i) with the exception of the
phrase ‘‘particulate matter, opacity,
cadmium, lead, mercury, dioxin/furan
emissions, hydrogen chloride, fugitive
ash and’’; (3)(A)(ii), with the exceptions
of the term ‘‘sulfur dioxide’’ and the
phrase ‘‘carbon monoxide, municipal
waste combustor unit load, particulate
matter control device inlet temperature
and’’; (3)(A)(iv); (3)(A)(v), with the
exceptions of the term ‘‘sulfur dioxide’’
the phrase ‘‘carbon monoxide,
municipal waste combustor unit load,
particulate matter control device
temperature and’’ and the phrase
‘‘carbon mass feed rate and’’; (3)(A)(vi),
with the exceptions of the term ‘‘sulfur
dioxide’’ the phrase ‘‘carbon monoxide,
municipal waste combustor unit load,
particulate matter control device
temperature and’’ and the phrase
‘‘carbon mass feed rate and’’; (B), with
the exception of the phrase ‘‘and
(A)(iii)’’; and (C).
(9) Subsection (l), subdivision (6),
with the exceptions of the phrase
‘‘particulate matter, opacity, cadmium,
lead, mercury, dioxin/furan emissions,
hydrogen chloride’’ and the term ‘‘or
fugitive ash’’.
(10) Subsection (a).
(B) Regulation of the Department of
Energy and Environmental Protection
Concerning NOX Emissions from FuelBurning Emission Units, effective
December 22, 2016.
(1) Section 22a–174–22e, Control of
nitrogen oxides emissions from fuelburning equipment at major stationary
sources of nitrogen oxides, with the
exception of, within paragraph (l)(7), the
phrase ‘‘or under procedures in RCSA
section 22a–174–5(d).’’;(2) Section 22a–
174–22f, High daily NOX emitting units
at non-major sources of NOX;
(3) Section 22a–174–18,, revised
subsection (j)(6);
(4), Section 22a–174–8(b)(2);
(5) Section 22a–174–22c, subsection
(g)(3);
(6) Section 22a–174–38, revised
subsections (b)(1) through (6).
■ 3. Section 52.375 is amended by
adding paragraph (h) to read as follows:
§ 52.375
Certification of no sources.
*
*
*
*
*
(h) In its July 18, 2014 submittal to
EPA pertaining to reasonably available
control technology requirements for the
2008 8-hour ozone standard, the State of
Connecticut certified to the satisfaction
of EPA that no sources are located in the
state that are covered by the following
Control Technique Guidelines:
(1) Automobile coatings;
(2) Large petroleum dry cleaners;
(3) Fiberglass boat manufacturing;
(4) Equipment leaks from natural gas
and gasoline processing plants;
(5) Petroleum refineries;
(6) Control of refinery vacuum
producing systems;
(7) Wastewater separators and process
unit turnarounds; and
(8) Flatwood paneling coatings.
■ 4. Section 52.377 is amended by
adding paragraph (q) to read as follows:
§ 52.377
Control strategy: Ozone.
*
*
*
*
*
(q) Approval—Revisions to the
Connecticut State Implementation Plan
(SIP) submitted on July 18, 2014. The
SIP revision satisfies the requirement to
implement reasonably available control
technology (RACT) for sources of
volatile organic compounds (VOC) and
oxides of nitrogen (NOX) for purposes of
the 2008 ozone standard. Specifically,
the following sections of the Regulations
of Connecticut State Agencies are
approved for this purpose: For VOC
RACT, 22a–174–20, Control of Organic
Compound Emissions, 22a–174–30,
Dispensing of Gasoline/Stage I and
Stage II Vapor Recovery, and 22a–174–
32, RACT for Organic Compounds; for
NOX RACT, 22a–174–22, Control of
nitrogen oxide emissions, 22a–174–22e,
Control of nitrogen oxide emissions
from fuel burning equipment at major
sources, 22a–174–22f, High daily NOX
emitting units at non-major sources of
nitrogen oxides, and 22a–174–38,
Municipal Waste Combustors.
■ 5. In § 52.385, Table 52.385 is
amended by adding new entries for state
citations for 22a–174–22e, Control of
nitrogen oxides emissions from fuelburning equipment at major stationary
sources of nitrogen oxides, and for 22a–
174–22f, High daily NOX emitting units
at non-major sources of NOX, and by
adding rows to the existing entries of
state citations 22a–174–8, 22a–174–18,
22a–174–22c, and 22a–174–38 in
numerical order to read as follows:
§ 52.385 EPA-approved Connecticut
regulations.
*
*
*
*
*
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut
state citation
Title/subject
Date
adopted
by State
Federal Register
citation
Date
approved
by EPA
Section 52.370
Comments/description
sradovich on DSKBCFCHB2PROD with RULES
*
22a–174–8 ........
*
Compliance Plans
and Schedules.
*
12/22/16
*
7/31/17
*
*
*
[Insert Federal
(c)(116) .......... Minor edit to update citation.
Register citation].
*
22a–174–18 ......
*
Control of particulate emissions.
*
12/22/16
*
7/31/17
*
*
*
[Insert Federal
(c)(116) .......... Minor edit to update citation.
Register citation].
VerDate Sep<11>2014
16:19 Jul 28, 2017
Jkt 241001
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
E:\FR\FM\31JYR1.SGM
31JYR1
35457
Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations
TABLE 52.385—EPA-APPROVED REGULATIONS—Continued
Dates
Connecticut
state citation
Title/subject
*
22a–174–22c ....
*
The Clean Air Interstate Rule
(CAIR) Nitrogen
Oxides (NOX)
Ozone Season
Trading Program.
Control of nitrogen
oxides emissions
from fuel-burning
equipment at
major stationary
sources of nitrogen oxides.
High daily NOX
emitting units at
non-major
sources of NOX.
22a–174–22e ....
22a–174–22f .....
*
22a–174–38 ......
Date
adopted
by State
7/31/17
[Insert Federal
(c)(116) ..........
Register citation].
New regulation applicable to
major sources of NOX.
12/22/16
7/31/17
[Insert Federal
(c)(116) ..........
Register citation].
New regulation applicable to
non-major sources of NOX.
*
8/2/16
*
7/31/17
*
*
*
[Insert Federal
(c)(116) .......... Portions of previously apRegister citation].
proved regulation were revised, primarily to incorporate tightened NOX
emission limit for mass
burn water-walled units.
*
DEPARTMENT OF COMMERCE
DATES:
National Oceanic and Atmospheric
Administration
[Docket No. 161220999–7682–02]
RIN 0648–BG52
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2017;
Recreational Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action sets the
recreational management measures for
Gulf of Maine cod and haddock for the
remainder of the 2017 fishing year. This
action prohibits recreational possession
of cod, reduces the haddock bag limit,
and implements a new closed season for
Jkt 241001
*
Effective July 27, 2017.
Copies of a supplemental
environmental assessment (EA) to
Framework Adjustment 55 to the
Northeast Multispecies Fishery
Management Plan prepared by the
Greater Atlantic Regional Fisheries
Office and Northeast Fisheries Science
Center; and the Framework 55 EA
prepared by the New England Fishery
Management Council for this
rulemaking are available from: John K.
Bullard, Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930. The Framework 55 EA and
supplement are also accessible via the
Internet at: https://
www.greateratlantic.fisheries.noaa.gov/
regs/2016/March/16mulfw55ea.pdf and
https://
www.greateratlantic.fisheries.noaa.gov/
regs/2016/March/160212_rec_
measures_draft_ea.pdf. These
documents are also accessible via the
Federal eRulemaking Portal: https://
www.regulations.gov.
ADDRESSES:
50 CFR Part 648
16:19 Jul 28, 2017
*
haddock in the fall. The intended effect
of this action is to reduce catch of cod
and haddock in order to ensure that
fishing year 2017 recreational catch
limits are not exceeded.
BILLING CODE 6560–50–P
sradovich on DSKBCFCHB2PROD with RULES
*
*
*
[Insert Federal
(c)(116) .......... Minor edit to update citation.
Register citation].
12/22/16
[FR Doc. 2017–15716 Filed 7–28–17; 8:45 am]
VerDate Sep<11>2014
Comments/description
*
7/31/17
*
SUMMARY:
Section 52.370
*
12/22/16
*
Municipal Waste
Combustors.
*
Federal Register
citation
Date
approved
by EPA
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
*
*
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Management
Specialist, phone: 978–281–9116; email:
Emily.Keiley@noaa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Fishing Year 2017 Recreational
Management Measures
2. Regulatory Corrections Under Regional
Administrator Authority
1. Fishing Year 2017 Recreational
Management Measures
Background
Statutory Authority
Under the Northeast Multispecies
Fishery Management Plan (FMP), subannual catch limits (sub-ACL) for the
recreational fishery are established for
each fishing year for Gulf of Maine
(GOM) cod and haddock. The
regulations at 50 CFR 648.89(f)(3)
authorize the Regional Administrator, in
consultation with the New England
Fishery Management Council (NEFMC),
to modify the recreational management
measures for the upcoming fishing year
to ensure that the recreational fishery
achieves, but does not exceed, the
recreational fishery sub-ACLs. The
proposed rule for this action (82 FR
24086; May 25, 2017) provides details
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 82, Number 145 (Monday, July 31, 2017)]
[Rules and Regulations]
[Pages 35454-35457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15716]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0611; A-1-FRL-9963-89-Region 1]
Air Plan Approval; CT; Reasonably Available Control Technology
for the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of
Connecticut. These SIP revisions consist of a demonstration that
Connecticut meets the requirements to implement reasonably available
control technology (RACT) for the two precursors of ground-level ozone,
oxides of nitrogen (NOX) and volatile organic compounds
(VOCs), set forth by the Clean Air Act (CAA) with respect to the 2008
ozone standard. Additionally, we are approving three related
regulations that limit air emissions of NOX from sources
within the State. This action is being taken in accordance with the
Clean Air Act.
DATES: This rule is effective on August 30, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2014-0611. 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, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email mcconnell.robert@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On April 6, 2017 (82 FR 16772), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Connecticut. The NPR proposed
approval of a demonstration that Connecticut meets the RACT
requirements for NOX and VOCs, set forth by the Clean Air
Act with respect to the 2008 ozone standard. Additionally, Connecticut
also submitted to EPA and we proposed approval of portions of a revised
regulation limiting NOX emissions from municipal waste
combustors (MWCs), a regulation limiting NOX emissions from
major sources of air emissions, and a regulation limiting emissions
from non-major sources of NOX emissions. The State submitted
its RACT demonstration on July 18, 2014, the revised MWC regulation on
September 16, 2016, and the regulations limiting NOX
emissions from major and non-major sources on January 24, 2017. By
letter dated March 31, 2017, Connecticut withdrew a number of
provisions from these submittals that do not pertain to NOX
or VOC control requirements, and therefore are not germane to this
action.
The specific details of Connecticut's RACT certification for the
2008 ozone NAAQS and its three NOX regulations, as well as
the rationale for our proposed approval are explained in the NPR and
will not be restated here. We received a total of six public comments
in response to the NPR. One public comment was in favor of our proposal
and the others either were irrelevant to our proposed action and/or
lacked sufficient specificity with respect to the SIP action being
proposed, failing to articulate what the commenter believed EPA should
do to change or revise its proposed approval. All of the comments
received are included in the docket for today's action.
II. Final Action
EPA is approving Connecticut's demonstration that it meets the CAA
RACT requirements for NOX and VOCs for purposes of the 2008
ozone standard, and is also approving portions of a revised regulation
limiting NOX emissions from MWCs, and regulations limiting
NOX emissions from major and minor sources of air emissions,
as revisions to the Connecticut SIP. Additionally, we are approving a
number of minor edits made to existing parts of Connecticut's air
pollution control regulations that were updated to make citations
correctly reference the State's newly adopted regulations. Last, we are
approving a number of negative
[[Page 35455]]
declarations for Control Technique Guidelines categories for which
Connecticut asserts no facilities exist within its borders.
III. 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
sections of the State of Connecticut Regulation of Department of Energy
and Environmental Protection noted in this final rulemaking. The EPA
has made, and will continue to make, these documents generally
available through https://www.regulations.gov.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 29, 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. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 5, 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--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 52.370 is amended by
0
a. adding paragraph (c)(90)(i)(B);
0
b. adding paragraph (c)(97)(i)(B); and
0
c. adding paragraph (c)(116) to read as follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(90) * * *
(i) * * *
(B) Section 22a-174-38, subsections (a), (c), (d), (i), (j), (k),
and (l) were revised as published in the Connecticut Law Journal,
volume 78, no. 17, on October 25, 2016. Subsection (d) is removed from
the SIP without replacement. See paragraph (116)(i)(A).
* * * * *
(97) * * *
(i) * * *
(B) Section 22a-174-22c, subsection (g)(3) is removed from the SIP
without replacement effective December 22, 2016. See paragraph
(116)(i)(B).
* * * * *
(116) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
September 16, 2016, and January 24, 2017.
(i) Incorporation by reference. (A) Regulations of Connecticut
State Agencies, Administrative Regulation of the Department of Energy
and Environmental Protection, Municipal Waste Combustors, revisions to
section 22a-174-38 as published in the Connecticut Law Journal, volume
78, no. 17, on October 25, 2016.
(1) Subsection (c), subdivision (8);
(2) Subsection (c), subdivisions (16), and (17);
(3) Subsection (d);
(4) Subsection (i), subdivisions (4)(E) and (J);
(5) Subsection (i), subdivision (5);
(6) Subsection (j), subdivision (4);
[[Page 35456]]
(7) Subsection (k), subdivision (9) with the exceptions of the
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride, fugitive ash and'' and the sentence
``The maximum demonstrated municipal waste combustor unit load and
maximum demonstrated particulate matter control device temperature
shall be recorded for the initial performance test for dioxin/furan
emissions for each particulate matter control device.''; and
subdivision (10), with the exceptions of the phrase ``for particulate
matter, cadmium, lead, mercury, dioxin/furan emissions, hydrogen
chloride, fugitive ash and'' and the sentence ``The maximum
demonstrated municipal waste combustor unit load and maximum
demonstrated particulate matter control device temperature (for each
particulate matter control device) shall be recorded for the initial
performance test for dioxin/furan emissions.''
(8) Subsection (l), subdivision (3)(A)(i) with the exception of the
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride, fugitive ash and''; (3)(A)(ii),
with the exceptions of the term ``sulfur dioxide'' and the phrase
``carbon monoxide, municipal waste combustor unit load, particulate
matter control device inlet temperature and''; (3)(A)(iv); (3)(A)(v),
with the exceptions of the term ``sulfur dioxide'' the phrase ``carbon
monoxide, municipal waste combustor unit load, particulate matter
control device temperature and'' and the phrase ``carbon mass feed rate
and''; (3)(A)(vi), with the exceptions of the term ``sulfur dioxide''
the phrase ``carbon monoxide, municipal waste combustor unit load,
particulate matter control device temperature and'' and the phrase
``carbon mass feed rate and''; (B), with the exception of the phrase
``and (A)(iii)''; and (C).
(9) Subsection (l), subdivision (6), with the exceptions of the
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride'' and the term ``or fugitive ash''.
(10) Subsection (a).
(B) Regulation of the Department of Energy and Environmental
Protection Concerning NOX Emissions from Fuel-Burning
Emission Units, effective December 22, 2016.
(1) Section 22a-174-22e, Control of nitrogen oxides emissions from
fuel-burning equipment at major stationary sources of nitrogen oxides,
with the exception of, within paragraph (l)(7), the phrase ``or under
procedures in RCSA section 22a-174-5(d).'';(2) Section 22a-174-22f,
High daily NOX emitting units at non-major sources of
NOX;
(3) Section 22a-174-18,, revised subsection (j)(6);
(4), Section 22a-174-8(b)(2);
(5) Section 22a-174-22c, subsection (g)(3);
(6) Section 22a-174-38, revised subsections (b)(1) through (6).
0
3. Section 52.375 is amended by adding paragraph (h) to read as
follows:
Sec. 52.375 Certification of no sources.
* * * * *
(h) In its July 18, 2014 submittal to EPA pertaining to reasonably
available control technology requirements for the 2008 8-hour ozone
standard, the State of Connecticut certified to the satisfaction of EPA
that no sources are located in the state that are covered by the
following Control Technique Guidelines:
(1) Automobile coatings;
(2) Large petroleum dry cleaners;
(3) Fiberglass boat manufacturing;
(4) Equipment leaks from natural gas and gasoline processing
plants;
(5) Petroleum refineries;
(6) Control of refinery vacuum producing systems;
(7) Wastewater separators and process unit turnarounds; and
(8) Flatwood paneling coatings.
0
4. Section 52.377 is amended by adding paragraph (q) to read as
follows:
Sec. 52.377 Control strategy: Ozone.
* * * * *
(q) Approval--Revisions to the Connecticut State Implementation
Plan (SIP) submitted on July 18, 2014. The SIP revision satisfies the
requirement to implement reasonably available control technology (RACT)
for sources of volatile organic compounds (VOC) and oxides of nitrogen
(NOX) for purposes of the 2008 ozone standard. Specifically,
the following sections of the Regulations of Connecticut State Agencies
are approved for this purpose: For VOC RACT, 22a-174-20, Control of
Organic Compound Emissions, 22a-174-30, Dispensing of Gasoline/Stage I
and Stage II Vapor Recovery, and 22a-174-32, RACT for Organic
Compounds; for NOX RACT, 22a-174-22, Control of nitrogen
oxide emissions, 22a-174-22e, Control of nitrogen oxide emissions from
fuel burning equipment at major sources, 22a-174-22f, High daily
NOX emitting units at non-major sources of nitrogen oxides,
and 22a-174-38, Municipal Waste Combustors.
0
5. In Sec. 52.385, Table 52.385 is amended by adding new entries for
state citations for 22a-174-22e, Control of nitrogen oxides emissions
from fuel-burning equipment at major stationary sources of nitrogen
oxides, and for 22a-174-22f, High daily NOX emitting units
at non-major sources of NOX, and by adding rows to the
existing entries of state citations 22a-174-8, 22a-174-18, 22a-174-22c,
and 22a-174-38 in numerical order to read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates
-------------------------------- Federal Register
Connecticut state citation Title/subject Date adopted Date approved citation Section 52.370 Comments/description
by State by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
22a-174-8................. Compliance Plans and 12/22/16 7/31/17 [Insert Federal (c)(116)................ Minor edit to update
Schedules. Register citation]. citation.
* * * * * * *
22a-174-18................ Control of 12/22/16 7/31/17 [Insert Federal (c)(116)................ Minor edit to update
particulate Register citation]. citation.
emissions.
[[Page 35457]]
* * * * * * *
22a-174-22c............... The Clean Air 12/22/16 7/31/17 [Insert Federal (c)(116)................ Minor edit to update
Interstate Rule Register citation]. citation.
(CAIR) Nitrogen
Oxides (NOX) Ozone
Season Trading
Program.
22a-174-22e............... Control of nitrogen 12/22/16 7/31/17 [Insert Federal (c)(116)................ New regulation
oxides emissions Register citation]. applicable to major
from fuel-burning sources of NOX.
equipment at major
stationary sources
of nitrogen oxides.
22a-174-22f............... High daily NOX 12/22/16 7/31/17 [Insert Federal (c)(116)................ New regulation
emitting units at Register citation]. applicable to non-
non-major sources of major sources of
NOX. NOX.
* * * * * * *
22a-174-38................ Municipal Waste 8/2/16 7/31/17 [Insert Federal (c)(116)................ Portions of
Combustors. Register citation]. previously approved
regulation were
revised, primarily
to incorporate
tightened NOX
emission limit for
mass burn water-
walled units.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-15716 Filed 7-28-17; 8:45 am]
BILLING CODE 6560-50-P
