Air Plan Approval; Connecticut; Nonattainment New Source Review Permit Requirements for the 2008 8-Hour Ozone Standard, 37819-37822 [2017-17021]
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations
List of Subjects in 40 CFR Part 52
ENVIRONMENTAL PROTECTION
AGENCY
Environmental protection, Air
pollution control, Incorporation by
reference, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements.
40 CFR Part 52
[EPA–R01–OAR–2017–0150; FRL–9965–92Region 1]
Air Plan Approval; Connecticut;
Nonattainment New Source Review
Permit Requirements for the 2008 8Hour Ozone Standard
Dated: June 21, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, 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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(447)(i)(B)(2) and
(c)(488)(i)(B) to read as follows:
■
§ 52.220
Identification of plan-in part.
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(c) * * *
(447) * * *
(i) * * *
(B) * * *
(2) Previously approved on February
12, 2015 in paragraph (c)(447)(i)(B)(1) of
this section and now deleted with
replacement in (c)(488)(i)(C)(1), Rule
4307, ‘‘Boilers, Steam Generators, and
Process Heaters—2.0 MMBtu/hr to 5.0
MMBtu/hr,’’ amended on May 19, 2011.
*
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(488) * * *
(i) * * *
(B) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4307, ‘‘Boilers, Steam
Generators, and Process Heaters—2.0
MMBtu/hr to 5.0 MMBtu/hr,’’ amended
on April 21, 2016.
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Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the state
implementation plan (SIP) revision
submitted on March 9, 2017, by the
State of Connecticut, through the
Connecticut Department of Energy and
Environmental Protection (CT DEEP),
addressing the nonattainment new
source review (NNSR) requirements for
the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). The SIP revision addresses
both of Connecticut’s ozone
nonattainment areas for the 2008 ozone
NAAQS; the Greater Connecticut area
and the Connecticut portion of the New
York-N. New Jersey-Long Island, NY–
NJ–CT area. The Connecticut portion of
the New York-N. New Jersey-Long
Island, NY–NJ–CT ozone nonattainment
area consists of Fairfield, New Haven,
and Middlesex counties. The Greater
Connecticut nonattainment area
includes the rest of the State. This
action is being taken pursuant to the
Clean Air Act (CAA or Act) and its
implementing regulations.
DATES: This direct final rule is effective
October 13, 2017 without further notice,
unless EPA receives adverse comments
by September 13, 2017. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0150 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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
SUMMARY:
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should include discussion of all points
you wish to make. 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, 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:
Donald Dahl, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and
Indoor Programs Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912. Mr. Dahl’s
telephone number is (617) 918–1657;
email address: dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Analysis of Connecticut’s Nonattainment
New Source Review Requirements
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR 50.15, the 2008 8hour ozone NAAQS is attained when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. Ambient air quality
monitoring data for the 3-year period
must meet a data completeness
requirement. The ambient air quality
monitoring data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined in Appendix I of part 50.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. The two
Connecticut areas were designated
nonattainment for the 2008 8-hour
ozone NAAQS on April 30, 2012
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(effective July 20, 2012) using 2009–
2011 ambient air quality data. See 77 FR
30088 (May 21, 2012). At the time of
designation, both Connecticut areas
were classified as marginal
nonattainment areas. On March 6, 2015,
EPA issued a final rule entitled,
‘‘Implementation of the 2008 National
Ambient Air Quality Standards for
Ozone: State Implementation Plan
Requirements’’ (SIP Requirements Rule),
which establishes the requirements that
state, tribal, and local air quality
management agencies must meet as they
develop implementation plans for areas
where air quality exceeds the 2008 8hour ozone NAAQS.1 See 80 FR 12264.
Areas that were designated as marginal
ozone nonattainment areas were
required to attain the 2008 8-hour ozone
NAAQS no later than July 20, 2015,
based on 2012–2014 monitoring data.
See 40 CFR 51.1103. The Connecticut
areas did not attain the 2008 8-hour
ozone NAAQS by July 20, 2015, and
therefore on April 11, 2016, the EPA
Administrator signed a final rule
reclassifying both Connecticut areas
from marginal nonattainment areas to
moderate nonattainment areas for the
2008 8-hour ozone standard. See 81 FR
26697 (May 4, 2016). Moderate areas are
required to attain the 2008 8-hour ozone
NAAQS no later than July 20, 2018, six
years after the effective date of the
initial nonattainment designations. See
40 CFR 51.1103.
Based on the initial nonattainment
designation for the 2008 8-hour ozone
standard, Connecticut was required to
develop a SIP revision addressing
certain CAA requirements for both
nonattainment areas. One component of
that was a SIP addressing nonattainment
new source review. See 40 CFR 51.1114.
On March 9, 2017, Connecticut
submitted a SIP revision addressing the
NNSR requirements related to the 2008
8-hour ozone NAAQS for both
nonattainment areas.2 EPA’s analysis of
1 The SIP Requirements Rule addresses a range of
nonattainment area SIP requirements for the 2008
ozone NAAQS, including requirements pertaining
to attainment demonstrations, reasonable further
progress (RFP), reasonably available control
technology, reasonably available control measures,
major new source review, emission inventories, and
the timing of SIP submissions and of compliance
with emission control measures in the SIP. The rule
also revokes the 1997 ozone NAAQS and
establishes anti-backsliding requirements.
2 States have three years after the effective date of
designation for the 2008 8-hour ozone NAAQS to
submit SIP revisions addressing NNSR for their
nonattainment areas. See 40 CFR 51.1114.
Connecticut’s SIP revision certified that its SIPapproved state regulation addressing nonattainment
new source review for all new stationary sources
and modified existing stationary sources in the
State exceeds the requirements of section
182(a)(2)(C) for the 2008 8-hour ozone NAAQS.
However, EPA does not believe that the two-year
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how this SIP revision addresses the
NNSR requirements for the 2008 8-hour
ozone NAAQS is provided below.
II. Analysis of Connecticut’s
Nonattainment New Source Review
Requirements
The minimum SIP requirements for
NNSR permitting programs for the 2008
8-hour ozone NAAQS are located in 40
CFR 51.165. These NNSR program
requirements include those promulgated
in the ‘‘Phase 2 Rule’’ implementing the
1997 8-hour ozone NAAQS (70 FR
71612 (November 29, 2005)) and the SIP
Requirements Rule implementing the
2008 8-hour ozone NAAQS. Under the
Phase 2 Rule, the SIP for each ozone
nonattainment area must contain NNSR
provisions that: Set major source
thresholds for NOX and VOC pursuant
to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)
through (iv) and (a)(1)(iv)(A)(2); classify
physical changes at a major source if the
change would constitute a major source
by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); consider any
significant net emissions increase of
NOX as a significant net emissions
increase for ozone pursuant to 40 CFR
51.165(a)(1)(v)(E); consider increases of
VOC emissions in extreme ozone
nonattainment areas as significant net
emissions increases and major
modifications for ozone pursuant to 40
CFR 51.165(a)(1)(v)(F); set significant
emissions rates for VOC and NOX as
ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A) through (C) and (E);
contain provisions for emissions
reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1) and (2); provide
that the requirements applicable to VOC
also apply to NOX pursuant to 40 CFR
51.165(a)(8); and set offset ratios for
VOC and NOX pursuant to 40 CFR
51.165(a)(9)(i) through (iii) (renumbered
as (a)(9)(ii) through (iv) under the SIP
Requirements Rule for the 2008 8-hour
ozone NAAQS). Under the SIP
Requirements Rule for the 2008 8-hour
ozone NAAQS, the SIP for each ozone
nonattainment area designated
nonattainment for the 2008 8-hour
ozone NAAQS and designated
nonattainment for the 1997 ozone
NAAQS on April 6, 2015, must also
contain NNSR provisions that include
the anti-backsliding requirements at 40
CFR 51.1105.
deadline contained in CAA section 182(a)(2)(C)
applies to NNSR SIP revisions for implementing the
8-hour ozone NAAQS. See 80 FR 12264, 12267
(March 6, 2015); 70 FR 71612, 71683 (November 29,
2005). The submission of NNSR SIPs due on
November 15, 1992, satisfied the requirement for
states to submit NNSR SIP revisions to meet the
requirements of CAA sections 172(c)(5) and 173
within two years after the date of enactment of the
1990 CAA Amendments. Id.
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Connecticut’s longstanding SIPapproved NNSR program, established in
Regulations of Connecticut State
Agencies (RCSA) Sections 22a–174–1
(definitions), and 22a–174–3a
(applicability and substantive
requirements) applies to the
construction and modification of
stationary sources, including major
stationary sources in nonattainment
areas. In its SIP revision, Connecticut
certifies that the version of RCSA
Sections 22a–174–1 and 22a–174–3a in
the current SIP meet the federal NNSR
requirements for both ozone
nonattainment areas within
Connecticut. EPA last approved
revisions to the SIP-approved version of
Connecticut’s NNSR rule in 2015
addressing, among other things, the
NNSR requirements that apply when a
major source or major modification
causes a significant impact in an area
that is violating the PM2.5 ambient air
quality standard.
Connecticut’s SIP-approved NNSR
regulation retains the NNSR
requirements applicable to serious and
severe nonattainment areas, even
though the two nonattainment areas in
the State are now classified as moderate
nonattainment under the 2008 8-hour
ozone NAAQS. Connecticut’s SIPapproved NNSR regulation defines the
term ‘‘Severe nonattainment area for
ozone’’ as including the cities and
towns that were historically part of the
severe New York-N. New Jersey-Long
Island, NY–NJ–CT ozone nonattainment
area designated on November 15, 1990
for the 1-hr ozone NAAQS. The term
‘‘Serious nonattainment area for ozone’’
is defined to include ‘‘all towns within
the State of Connecticut, except those
towns located in the severe nonattainment area for ozone.’’ This is the
portion of the State that was historically
part of the serious Greater Connecticut
nonattainment area designated on
November 15, 1990 for the 1-hr ozone
NAAQS. The SIP’s definition of ‘‘Major
stationary source’’ then uses these terms
to define the NOX and VOC emission
thresholds when determining if a source
is major for ozone. The SIP’s major
stationary source threshold for NOX and
VOC in the area defined as a ‘‘Severe
nonattainment area for ozone’’ is 25 tons
per year. The SIP’s major stationary
source threshold for NOX and VOC in
the area defined as a ‘‘Serious
nonattainment area for ozone’’ is 50 tons
per year. These thresholds for NOX and
VOC are consistent with EPA
regulations.
Connecticut’s NNSR SIP also properly
addresses the thresholds for VOC and
NOX, as precursors to ozone, in the
definition of ‘‘Major modification’’ by
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establishing the threshold for either of
these ozone precursors at 25 tons per
year. This threshold for a major
modification is consistent with EPA
regulations. Lastly, since Connecticut’s
NNSR SIP retains the definitions
‘‘Serious nonattainment area for ozone’’
and ‘‘Severe nonattainment area for
ozone’’ that are based on how the State
was designated nonattainment on
November 15, 1990 for the 1-hr ozone
standard, the State’s SIP meets the antibacksliding requirements.
III. Final Action
EPA is approving Connecticut’s
March 9, 2017, SIP revision addressing
the NNSR requirements for the 2008 8hour ozone NAAQS for both
nonattainment areas in the State. The
approval encompasses both the original
designations under the 2008 8-hour
ozone NAAQS of marginal and the
subsequent reclassification of both
nonattainment areas to moderate. The
approval also includes the applicable
NNSR provisions of Connecticut’s
regulations that satisfy the CAA’s antibacksliding requirements. As discussed
above in this notice, Connecticut’s SIP
retains the NNSR requirements
applicable to serious and severe
nonattainment areas, even though the
two nonattainment areas in the State are
now classified as moderate
nonattainment areas. EPA has
concluded that the State’s submission
fulfills the 40 CFR 51.1114 revision
requirement and meets the requirements
of CAA section 110 and the minimum
SIP requirements of 40 CFR 51.165.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective October
13, 2017 without further notice unless
the Agency receives relevant adverse
comments by September 13, 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
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on October 13, 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.
In addition, Connecticut was issued a
finding of failure to submit, which
started an 18 month sanctions clock and
a 24 month Federal Implementation
Plan (FIP) clock. See 82 FR 9158
(February 3, 2017). The 18 month
sanctions clock was stopped when
Connecticut submitted the SIP and we
determined it complete on April 19,
2017. The 24 month FIP clock will stop
upon the effective date of our final
approval, October 13, 2017.
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);
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37821
• 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 October 13, 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
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EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.377 is amended by
adding paragraph (r) to read as follows:
■
§ 52.377
Control strategy: Ozone.
*
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(r) Approval. Submittal from the
Connecticut Department of Energy and
Environmental Protection dated March
9, 2017, to address the nonattainment
new source review requirements for the
2008 8-hour ozone NAAQS for the
Greater Connecticut and the New YorkN. New Jersey-Long Island, NY–NJ–CT
ozone nonattainment areas, as it meets
the requirements for both the State’s
marginal and moderate classifications.
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AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2016–0382; FRL–9966–25–
OAR]
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RIN 2060–AT15
Revisions to Procedure 2—Quality
Assurance Requirements for
Particulate Matter Continuous
Emission Monitoring Systems at
Stationary Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is finalizing revisions to
Procedure 2 that were proposed in the
Federal Register on November 21, 2016.
Procedure 2 includes quality assurance/
quality control (QA/QC) procedures for
particulate matter (PM) continuous
emission monitoring systems (CEMS)
used for compliance determination at
stationary sources. The QA procedures
specify the minimum requirements
necessary for the control and assessment
of the quality of PM CEMS data
submitted to the EPA and other
regulatory authorities. This action
establishes consistent requirements for
ensuring and assessing the quality of
PM data measured by CEMS that meet
initial acceptance requirements in
Performance Specification (PS) 11 of
appendix B to part 60.
DATES: This final rule is effective on
September 13, 2017.
ADDRESSES: Docket: The EPA has
established a docket for this rulemaking
under Docket ID No. EPA–HQ–OAR–
2016–0382. All documents in the docket
are listed at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the EPA Docket Center, Room 3334,
EPA WJC West Building, 1301
Constitution Avenue NW., Washington,
DC 20004. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the EPA
Docket Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly Garnett, Office of Air Quality
Planning and Standards, Air Quality
Assessment Division, Measurement
Technology Group (Mail Code: E143–
02), U.S. Environmental Protection
Agency, Research Triangle Park, NC
27709; telephone number: (919) 541–
1158; fax number: (919) 541–0516;
email address: garnett.kim@epa.gov.
SUPPLEMENTARY INFORMATION:
The information in this document is
organized as follows:
SUMMARY:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
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C. Judicial Review
II. Background
III. Final Revisions to Procedure 2
IV. Summary of Major Comments and
Responses
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
The entities potentially affected by
this rule include any facility that is
required to install and operate a PM
CEMS under any provision of title 40 of
the Code of Federal Regulations. If you
have any questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this action
is available on the Internet through the
EPA’s Technology Transfer Network
(TTN) Web site, a forum for information
and technology exchange in various
areas of air quality management,
measurement standards and
implementation, etc. Following
publication in the Federal Register, the
EPA will post the Federal Register
version of the promulgation and key
technical documents on the TTN at
https://www.epa.gov/ttn/emc/
promulgated.html.
C. Judicial Review
Under section 307(b)(1) of the Clean
Air Act (CAA), judicial review of this
final rule is available only by filing a
petition for review in the U.S. Court of
Appeals for the District of Columbia
Circuit by October 13, 2017. Under
E:\FR\FM\14AUR1.SGM
14AUR1
Agencies
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Rules and Regulations]
[Pages 37819-37822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17021]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0150; FRL-9965-92-Region 1]
Air Plan Approval; Connecticut; Nonattainment New Source Review
Permit Requirements for the 2008 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the state implementation plan (SIP) revision
submitted on March 9, 2017, by the State of Connecticut, through the
Connecticut Department of Energy and Environmental Protection (CT
DEEP), addressing the nonattainment new source review (NNSR)
requirements for the 2008 8-hour ozone National Ambient Air Quality
Standards (NAAQS). The SIP revision addresses both of Connecticut's
ozone nonattainment areas for the 2008 ozone NAAQS; the Greater
Connecticut area and the Connecticut portion of the New York-N. New
Jersey-Long Island, NY-NJ-CT area. The Connecticut portion of the New
York-N. New Jersey-Long Island, NY-NJ-CT ozone nonattainment area
consists of Fairfield, New Haven, and Middlesex counties. The Greater
Connecticut nonattainment area includes the rest of the State. This
action is being taken pursuant to the Clean Air Act (CAA or Act) and
its implementing regulations.
DATES: This direct final rule is effective October 13, 2017 without
further notice, unless EPA receives adverse comments by September 13,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0150 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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, 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: Donald Dahl, U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912.
Mr. Dahl's telephone number is (617) 918-1657; email address:
dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Analysis of Connecticut's Nonattainment New Source Review
Requirements
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. Ambient air quality monitoring data for the
3-year period must meet a data completeness requirement. The ambient
air quality monitoring data completeness requirement is met when the
average percent of days with valid ambient monitoring data is greater
than 90 percent, and no single year has less than 75 percent data
completeness as determined in Appendix I of part 50.
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The two Connecticut areas were
designated nonattainment for the 2008 8-hour ozone NAAQS on April 30,
2012
[[Page 37820]]
(effective July 20, 2012) using 2009-2011 ambient air quality data. See
77 FR 30088 (May 21, 2012). At the time of designation, both
Connecticut areas were classified as marginal nonattainment areas. On
March 6, 2015, EPA issued a final rule entitled, ``Implementation of
the 2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan Requirements'' (SIP Requirements Rule), which
establishes the requirements that state, tribal, and local air quality
management agencies must meet as they develop implementation plans for
areas where air quality exceeds the 2008 8-hour ozone NAAQS.\1\ See 80
FR 12264. Areas that were designated as marginal ozone nonattainment
areas were required to attain the 2008 8-hour ozone NAAQS no later than
July 20, 2015, based on 2012-2014 monitoring data. See 40 CFR 51.1103.
The Connecticut areas did not attain the 2008 8-hour ozone NAAQS by
July 20, 2015, and therefore on April 11, 2016, the EPA Administrator
signed a final rule reclassifying both Connecticut areas from marginal
nonattainment areas to moderate nonattainment areas for the 2008 8-hour
ozone standard. See 81 FR 26697 (May 4, 2016). Moderate areas are
required to attain the 2008 8-hour ozone NAAQS no later than July 20,
2018, six years after the effective date of the initial nonattainment
designations. See 40 CFR 51.1103.
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\1\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major new source review,
emission inventories, and the timing of SIP submissions and of
compliance with emission control measures in the SIP. The rule also
revokes the 1997 ozone NAAQS and establishes anti-backsliding
requirements.
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Based on the initial nonattainment designation for the 2008 8-hour
ozone standard, Connecticut was required to develop a SIP revision
addressing certain CAA requirements for both nonattainment areas. One
component of that was a SIP addressing nonattainment new source review.
See 40 CFR 51.1114. On March 9, 2017, Connecticut submitted a SIP
revision addressing the NNSR requirements related to the 2008 8-hour
ozone NAAQS for both nonattainment areas.\2\ EPA's analysis of how this
SIP revision addresses the NNSR requirements for the 2008 8-hour ozone
NAAQS is provided below.
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\2\ States have three years after the effective date of
designation for the 2008 8-hour ozone NAAQS to submit SIP revisions
addressing NNSR for their nonattainment areas. See 40 CFR 51.1114.
Connecticut's SIP revision certified that its SIP-approved state
regulation addressing nonattainment new source review for all new
stationary sources and modified existing stationary sources in the
State exceeds the requirements of section 182(a)(2)(C) for the 2008
8-hour ozone NAAQS. However, EPA does not believe that the two-year
deadline contained in CAA section 182(a)(2)(C) applies to NNSR SIP
revisions for implementing the 8-hour ozone NAAQS. See 80 FR 12264,
12267 (March 6, 2015); 70 FR 71612, 71683 (November 29, 2005). The
submission of NNSR SIPs due on November 15, 1992, satisfied the
requirement for states to submit NNSR SIP revisions to meet the
requirements of CAA sections 172(c)(5) and 173 within two years
after the date of enactment of the 1990 CAA Amendments. Id.
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II. Analysis of Connecticut's Nonattainment New Source Review
Requirements
The minimum SIP requirements for NNSR permitting programs for the
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. These NNSR
program requirements include those promulgated in the ``Phase 2 Rule''
implementing the 1997 8-hour ozone NAAQS (70 FR 71612 (November 29,
2005)) and the SIP Requirements Rule implementing the 2008 8-hour ozone
NAAQS. Under the Phase 2 Rule, the SIP for each ozone nonattainment
area must contain NNSR provisions that: Set major source thresholds for
NOX and VOC pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)
through (iv) and (a)(1)(iv)(A)(2); classify physical changes at a major
source if the change would constitute a major source by itself pursuant
to 40 CFR 51.165(a)(1)(iv)(A)(3); consider any significant net
emissions increase of NOX as a significant net emissions
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); consider
increases of VOC emissions in extreme ozone nonattainment areas as
significant net emissions increases and major modifications for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(F); set significant emissions rates
for VOC and NOX as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A) through (C) and (E); contain provisions for
emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)
and (2); provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i) through
(iii) (renumbered as (a)(9)(ii) through (iv) under the SIP Requirements
Rule for the 2008 8-hour ozone NAAQS). Under the SIP Requirements Rule
for the 2008 8-hour ozone NAAQS, the SIP for each ozone nonattainment
area designated nonattainment for the 2008 8-hour ozone NAAQS and
designated nonattainment for the 1997 ozone NAAQS on April 6, 2015,
must also contain NNSR provisions that include the anti-backsliding
requirements at 40 CFR 51.1105.
Connecticut's longstanding SIP-approved NNSR program, established
in Regulations of Connecticut State Agencies (RCSA) Sections 22a-174-1
(definitions), and 22a-174-3a (applicability and substantive
requirements) applies to the construction and modification of
stationary sources, including major stationary sources in nonattainment
areas. In its SIP revision, Connecticut certifies that the version of
RCSA Sections 22a-174-1 and 22a-174-3a in the current SIP meet the
federal NNSR requirements for both ozone nonattainment areas within
Connecticut. EPA last approved revisions to the SIP-approved version of
Connecticut's NNSR rule in 2015 addressing, among other things, the
NNSR requirements that apply when a major source or major modification
causes a significant impact in an area that is violating the
PM2.5 ambient air quality standard.
Connecticut's SIP-approved NNSR regulation retains the NNSR
requirements applicable to serious and severe nonattainment areas, even
though the two nonattainment areas in the State are now classified as
moderate nonattainment under the 2008 8-hour ozone NAAQS. Connecticut's
SIP-approved NNSR regulation defines the term ``Severe nonattainment
area for ozone'' as including the cities and towns that were
historically part of the severe New York-N. New Jersey-Long Island, NY-
NJ-CT ozone nonattainment area designated on November 15, 1990 for the
1-hr ozone NAAQS. The term ``Serious nonattainment area for ozone'' is
defined to include ``all towns within the State of Connecticut, except
those towns located in the severe non-attainment area for ozone.'' This
is the portion of the State that was historically part of the serious
Greater Connecticut nonattainment area designated on November 15, 1990
for the 1-hr ozone NAAQS. The SIP's definition of ``Major stationary
source'' then uses these terms to define the NOX and VOC
emission thresholds when determining if a source is major for ozone.
The SIP's major stationary source threshold for NOX and VOC
in the area defined as a ``Severe nonattainment area for ozone'' is 25
tons per year. The SIP's major stationary source threshold for
NOX and VOC in the area defined as a ``Serious nonattainment
area for ozone'' is 50 tons per year. These thresholds for
NOX and VOC are consistent with EPA regulations.
Connecticut's NNSR SIP also properly addresses the thresholds for
VOC and NOX, as precursors to ozone, in the definition of
``Major modification'' by
[[Page 37821]]
establishing the threshold for either of these ozone precursors at 25
tons per year. This threshold for a major modification is consistent
with EPA regulations. Lastly, since Connecticut's NNSR SIP retains the
definitions ``Serious nonattainment area for ozone'' and ``Severe
nonattainment area for ozone'' that are based on how the State was
designated nonattainment on November 15, 1990 for the 1-hr ozone
standard, the State's SIP meets the anti-backsliding requirements.
III. Final Action
EPA is approving Connecticut's March 9, 2017, SIP revision
addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for
both nonattainment areas in the State. The approval encompasses both
the original designations under the 2008 8-hour ozone NAAQS of marginal
and the subsequent reclassification of both nonattainment areas to
moderate. The approval also includes the applicable NNSR provisions of
Connecticut's regulations that satisfy the CAA's anti-backsliding
requirements. As discussed above in this notice, Connecticut's SIP
retains the NNSR requirements applicable to serious and severe
nonattainment areas, even though the two nonattainment areas in the
State are now classified as moderate nonattainment areas. EPA has
concluded that the State's submission fulfills the 40 CFR 51.1114
revision requirement and meets the requirements of CAA section 110 and
the minimum SIP requirements of 40 CFR 51.165.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective October
13, 2017 without further notice unless the Agency receives relevant
adverse comments by September 13, 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 October 13, 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.
In addition, Connecticut was issued a finding of failure to submit,
which started an 18 month sanctions clock and a 24 month Federal
Implementation Plan (FIP) clock. See 82 FR 9158 (February 3, 2017). The
18 month sanctions clock was stopped when Connecticut submitted the SIP
and we determined it complete on April 19, 2017. The 24 month FIP clock
will stop upon the effective date of our final approval, October 13,
2017.
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 October 13, 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
[[Page 37822]]
EPA can withdraw this direct final rule and address the comment in the
proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
0
2. Section 52.377 is amended by adding paragraph (r) to read as
follows:
Sec. 52.377 Control strategy: Ozone.
* * * * *
(r) Approval. Submittal from the Connecticut Department of Energy
and Environmental Protection dated March 9, 2017, to address the
nonattainment new source review requirements for the 2008 8-hour ozone
NAAQS for the Greater Connecticut and the New York-N. New Jersey-Long
Island, NY-NJ-CT ozone nonattainment areas, as it meets the
requirements for both the State's marginal and moderate
classifications.
[FR Doc. 2017-17021 Filed 8-11-17; 8:45 am]
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