Air Plan Approval; Connecticut; Infrastructure State Implementation Plan Requirements; Prevention of Significant Deterioration Permit Program Revisions, 37437-37440 [2018-16431]
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
VERMONT NON-REGULATORY
Name of non-regulatory SIP provision
*
*
Transport Element of the Infrastructure
SIP for the 2010 SO2 NAAQS.
*
Applicable
geographic or
nonattainment area
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Statewide ................
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[FR Doc. 2018–16413 Filed 7–31–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0065; FRL–9979–
40—Region 1]
Air Plan Approval; Connecticut;
Infrastructure State Implementation
Plan Requirements; Prevention of
Significant Deterioration Permit
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
submission from Connecticut regarding
the infrastructure requirements of the
Clean Air Act (CAA or Act) for the 2012
fine particle (PM2.5) National Ambient
Air Quality Standards (NAAQS), and a
SIP submission addressing interstate
transport requirements of the CAA for
the 2006 PM2.5 NAAQS. In addition, we
are approving one statute included in
the SIP for the 2012 PM2.5 NAAQS. The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA. The
EPA is also approving revisions to the
SIP submitted by Connecticut on
October 18, 2017, satisfying
Connecticut’s earlier commitment to
adopt and submit provisions that meet
certain requirements of the federal
Prevention of Significant Deterioration
(PSD) permit program. In addition, we
are converting the June 3, 2016
conditional approval to full approval for
elements of Connecticut’s infrastructure
SIP regarding PSD requirements to treat
nitrogen oxides (NOX) as a precursor to
ozone and to establish a minor source
baseline date for PM2.5 emissions for the
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SUMMARY:
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State submittal
date/effective
date
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11/2/2015
EPA
approved
date
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8/1/2018
[Insert Federal
Register
citation]
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Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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Approved submittal meets the requirements of Section 110(a)(2)(D)(i)(I) for
the 2010 SO2 NAAQS
*
1997 and 2006 PM2.5, 1997 and 2008
ozone, 2008 lead, 2010 nitrogen dioxide,
and 2010 sulfur dioxide NAAQS. This
action is being taken under the Clean
Air Act.
DATES: This rule is effective on August
31, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2017–0065. All documents in the docket
are listed on the https://
www.regulations.gov website. 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:
Alison C. Simcox, Air Quality 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, tel.
(617) 918–1684; simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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Explanations
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I. Background and Purpose
On March 19, 2018 (83 FR 11933),
EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of
Connecticut. The NPRM proposed
approval of three formal SIP
submissions from the Connecticut
Department of Energy and
Environmental Protection (CT DEEP).
These included a SIP revision
addressing the ‘‘Good Neighbor’’ (or
‘‘transport’’) (Section 110(a)(2)(D)(i)(I) of
the CAA) provisions for the 2006 PM2.5 1
NAAQS submitted on August 19, 2011,
and an infrastructure SIP (including the
transport provisions) for the 2012 PM2.5
NAAQS submitted on December 14,
2015. In addition, on October 18, 2017,
CT DEEP submitted a SIP revision
addressing applicable requirements for
the PSD permit program in Part C of the
CAA that are codified in 40 CFR 51.166.
This rulemaking does not cover three
substantive areas that are not integral to
acting on a state’s infrastructure SIP
submission: (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction at sources (‘‘SSM’’
emissions) that may be contrary to the
CAA and EPA’s policies addressing
such excess emissions; (ii) existing
provisions related to ‘‘director’s
variance’’ or ‘‘director’s discretion’’ that
purport to permit revisions to SIPapproved emissions limits with limited
public process or without requiring
further approval by EPA, that may be
contrary to the CAA (‘‘director’s
discretion’’); and, (iii) existing
provisions for Prevention of Significant
Deterioration (PSD) programs that may
be inconsistent with current
requirements of EPA’s ‘‘Final New
Source Review (NSR) Improvement
Rule,’’ 67 FR 80186 (December 31,
2002), as amended by 72 FR 32526 (June
13, 2007) (‘‘NSR Reform’’). Instead, EPA
has the authority to address each one of
these substantive areas separately. A
1 PM
2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ‘‘fine’’
particles.
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
detailed history, interpretation, and
rationale for EPA’s approach to
infrastructure SIP requirements can be
found in EPA’s May 13, 2014, proposed
rule entitled, ‘‘Infrastructure SIP
Requirements for the 2008 Lead
NAAQS’’ in the section, ‘‘What is the
scope of this rulemaking?’’ See 79 FR
27241 at 27242–45.
The rationale for EPA’s proposed
action is explained in the NPR and will
not be restated here.
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II. Response to Comments
EPA received 12 comments during the
comment period, three of which are
essentially identical. The nine distinct
comments discuss subjects outside the
scope of an infrastructure SIP action, do
not explain (or provide a legal basis for)
how the proposed action should differ
in any way, and make no specific
mention of the proposed action. As
such, they are not germane.
Only the three identical comments
make direct reference to the proposed
rule or to Connecticut’s SIP, but even
these comments lack specificity and are
unclear. They state that, ‘‘as much as the
rule gives clear mandate and
responsibility of the state in SIP [sic], it
does not give out the responsibilities of
other agencies and stakeholders in
absolute terms.’’ The comments,
however, provide no further explanation
for this statement, such as articulating
what particular ‘‘responsibilities’’ the
SIP should, but does not currently,
‘‘give out,’’ offering any ‘‘absolute
terms’’ to be included, or providing any
specifics regarding the ‘‘other agencies
and stakeholders.’’ Moreover, it is not
even clear that the commenter(s)
opposes EPA’s proposed approval of
Connecticut’s submittals. In short, most
of the comments are not germane and
none of them provide a cogent
explanation of how the proposed action
should differ in any way nor any
relevant legal basis for any changes.
Consequently, the comments require no
further response, and we are finalizing
the action as proposed.
III. Final Action
EPA is approving Connecticut’s
infrastructure SIP submittal for the 2012
PM2.5 NAAQS, as well as the transport
provisions (CAA section
110(a)(2)(D)(i)(I)) of the state’s
infrastructure SIP submittal for the 2006
PM2.5 NAAQS as revisions to the
Connecticut SIP. EPA is also approving,
into the Connecticut SIP, revisions to
the PSD permit program pertaining to
treating NOX as a precursor to ozone
(RCSA Section 22a–174–3a(k)(1)(C)) and
establishing a minor source baseline
date for PM2.5 (RCSA Section 22a–174–
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1(71)). Additionally, EPA is approving
revised CGS section 16a–21a, ‘‘Sulfur
content of home heating oil and off-road
diesel fuel. Suspension of requirements
for emergency. Enforcement.’’ effective
July 1, 2015. Finally, we are converting
to full approval the June 3, 2016
conditional approval of Connecticut’s
infrastructure SIP submittals for the
PSD-related requirements in section
110(a)(2)(C), (D)(i)(II), and J for the 1997
and 2006 PM2.5, 1997 and 2008 ozone,
2008 lead, 2010 nitrogen dioxide, and
2010 sulfur dioxide NAAQS.
IV. 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 Statutes of Connecticut and
state regulations described in the
amendments to 40 CFR part 52 set forth
below. Specifically, EPA is finalizing
the incorporation by reference of
Connecticut General Statute Title 16a,
Chapter 296, Section 16a–21a, and state
regulations, namely the provisions at
Regulation 22a–174–1(71) and at 22a–
174–3a(k)(1)(C). The EPA has made, and
will continue to make, these documents
generally available through https://
www.regulations.gov and at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. 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);
• This action is not an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866.
• Does not impose an information
collection burden under the provisions
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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).
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
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 1, 2018.
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 26, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
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
adding paragraphs (c)(103)(i)(C) and
(c)(118) to read as follows:
■
§ 52.370
Identification of plan.
*
*
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(c) * * *
(103) * * *
(i) * * *
(C) Connecticut General Statute
Section16a–21a, which was approved in
paragraph (c)(103)(i)(B) of this section,
is removed and replaced by Connecticut
General Statute 16a–21a, see paragraph
(c)(118)(i)(A) of this section.
*
*
*
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*
(118) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on August 19,
2011, December 14, 2015, and October
18, 2017.
(i) Incorporation by reference. (A)
‘‘Definitions,’’ Regulation 22a–174–
1(71), the definition of ‘‘Minor source
baseline date,’’ amended October 5,
2017.
(B) ‘‘Permit to Construct and Operate
Stationary Sources,’’ Regulation 22a–
174–3a(k)(1)(C), amended October 5,
2017.
(C) Connecticut General Statute, Title
16a, ‘‘Planning and Energy Policy,’’
Chapter 296, ‘‘Operation of Fuel Supply
Business,’’ Section 16a–21a, ‘‘Sulfur
content of home heating oil and off-road
diesel fuel. Suspension of requirements
for emergency. Enforcement,’’ effective
July 1, 2015, as published in the State
of Connecticut General Statutes,
Revision of 1958, Revised to January 1,
2017.
37439
(ii) Additional materials. (A) The
Connecticut Department of Energy and
Environmental Protection document,
‘‘Addendum to the CAA
§ 110(a)(2)(D)(i)(I) Portion of
Connecticut’s Infrastructure Submittal
for the 2006 PM2.5 NAAQS,’’ August 19,
2011.
(B) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Connecticut State
Implementation Plan for Clean Air Act
Section 110(a) Infrastructure Elements:
2012 PM2.5 NAAQS,’’ December 14,
2015.
(C) The Connecticut Department of
Energy and Environmental Protection
document, State Implementation Plan
Revision Concerning the Consumer
Products, Architectural and Industrial
Maintenance Coatings and Prevention of
Significant Deterioration Permit
Programs,’’ October 18, 2017.
§ 52.380
[Amended]
3. Section 52.380 is amended by:
a. Under paragraph (e)(2), removing
the text ‘‘Note 1 to paragraphs (f)
through (h)’’ and adding in its place
‘‘Note 1 to paragraphs (f) through (g)’’;
and
■ b. Removing and reserving paragraph
(h).
■ 4. In § 52.385, Table 52.385 is
amended by adding entries for state
citations 22a–174–1 and 22a–174–3a in
numerical order by state citation and
date approved by EPA and revising the
entry for state citation Section 16a–21a
to read as follows:
■
■
§ 52.385 EPA-approved Connecticut
regulations.
*
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*
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TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Title/subject
*
22a–174–1 .....
*
Definitions ...........................
*
*
22a–174–3a ...
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Connecticut
state citation
*
Permit to Construct and Operate Stationary Sources.
*
*
Connecticut
General
Statutes
Section 16a–
21a.
*
Sulfur content of home
heating oil and off road
diesel fuel. Suspension of
requirements for emergency. Enforcement.
*
VerDate Sep<11>2014
15:59 Jul 31, 2018
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Date adopted
by state
PO 00000
Date approved
by EPA
Federal
Register
citation
Section
52.370
Comments/
description
10/05/17
*
08/01/17
*
[Insert Federal Register citation].
*
*
c (118) Modified definition of ‘‘minor
source baseline date’’ for
purposes of adding
PM2.5.
10/05/17
*
08/01/17
*
[Insert Federal Register citation].
*
*
c (118) Amendment of subsection
(k)(1)(C).
07/01/15
*
08/01/17
*
[Insert Federal Register citation].
*
*
c (118) Allowable sulfur content of
fuels provided. Criteria for
suspension of requirements and for enforcement identified.
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
TABLE 52.385—EPA-APPROVED REGULATIONS—Continued
Dates
Connecticut
state citation
Title/subject
*
Date adopted
by state
*
*
5. Section 52.386 is amended by
adding paragraph (c) to read as follows:
■
§ 52.386 Section 110(a)(2) infrastructure
requirements.
*
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*
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(c) The Connecticut Department of
Energy and Environmental Protection
submitted the following infrastructure
SIPs on these dates: 2006 PM2.5
NAAQS—August 19, 2011 (CAA section
110(a)(2)(D)(i)(I) transport provisions),
and 2012 PM2.5 NAAQS—December 14,
2015. These infrastructure SIPs are
approved. Also with respect to the 1997
and 2006 PM2.5, 1997 and 2008 ozone,
2008 lead, 2010 nitrogen dioxide, and
2010 sulfur dioxide NAAQS, elements
related to PSD, which are in CAA
section 110(a)(2)(C), (D)(i)(II), and (J)
and were previously conditionally
approved, are now approved.
[FR Doc. 2018–16431 Filed 7–31–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2018–0150; FRL–9980–39]
Titanium dioxide; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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15:59 Jul 31, 2018
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*
before October 1, 2018, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0150, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. 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 OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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Section
52.370
*
SUPPLEMENTARY INFORMATION:
This regulation amends the
exemption from the requirement of a
tolerance for residues of titanium
dioxide (CAS Reg. No. 13463–67–7)
when used as an inert ingredient in
pesticide formulations applied to
growing crops to allow for use as a
carrier. SciReg. Inc., on behalf of Bayer
CropScience Biologics GmbH, submitted
a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA),
requesting establishment of an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
titanium dioxide resulting from this use.
DATES: This regulation is effective
August 1, 2018. Objections and requests
for hearings must be received on or
SUMMARY:
Federal
Register
citation
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 180
VerDate Sep<11>2014
Date approved
by EPA
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Comments/
description
*
*
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0150 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before October 1, 2018. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0150, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
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]]>Agencies
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37437-37440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16431]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0065; FRL-9979-40--Region 1]
Air Plan Approval; Connecticut; Infrastructure State
Implementation Plan Requirements; Prevention of Significant
Deterioration Permit Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) submission from
Connecticut regarding the infrastructure requirements of the Clean Air
Act (CAA or Act) for the 2012 fine particle (PM2.5) National
Ambient Air Quality Standards (NAAQS), and a SIP submission addressing
interstate transport requirements of the CAA for the 2006
PM2.5 NAAQS. In addition, we are approving one statute
included in the SIP for the 2012 PM2.5 NAAQS. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. The EPA is also
approving revisions to the SIP submitted by Connecticut on October 18,
2017, satisfying Connecticut's earlier commitment to adopt and submit
provisions that meet certain requirements of the federal Prevention of
Significant Deterioration (PSD) permit program. In addition, we are
converting the June 3, 2016 conditional approval to full approval for
elements of Connecticut's infrastructure SIP regarding PSD requirements
to treat nitrogen oxides (NOX) as a precursor to ozone and
to establish a minor source baseline date for PM2.5
emissions for the 1997 and 2006 PM2.5, 1997 and 2008 ozone,
2008 lead, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS. This
action is being taken under the Clean Air Act.
DATES: This rule is effective on August 31, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0065. All documents in the docket
are listed on the https://www.regulations.gov website. 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: Alison C. Simcox, Air Quality 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, tel. (617) 918-1684; [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On March 19, 2018 (83 FR 11933), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of Connecticut. The NPRM proposed
approval of three formal SIP submissions from the Connecticut
Department of Energy and Environmental Protection (CT DEEP). These
included a SIP revision addressing the ``Good Neighbor'' (or
``transport'') (Section 110(a)(2)(D)(i)(I) of the CAA) provisions for
the 2006 PM2.5 \1\ NAAQS submitted on August 19, 2011, and
an infrastructure SIP (including the transport provisions) for the 2012
PM2.5 NAAQS submitted on December 14, 2015. In addition, on
October 18, 2017, CT DEEP submitted a SIP revision addressing
applicable requirements for the PSD permit program in Part C of the CAA
that are codified in 40 CFR 51.166.
---------------------------------------------------------------------------
\1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ``fine'' particles.
---------------------------------------------------------------------------
This rulemaking does not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources (``SSM'' emissions) that
may be contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); and, (iii) existing provisions for
Prevention of Significant Deterioration (PSD) programs that may be
inconsistent with current requirements of EPA's ``Final New Source
Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 2002), as
amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA
has the authority to address each one of these substantive areas
separately. A
[[Page 37438]]
detailed history, interpretation, and rationale for EPA's approach to
infrastructure SIP requirements can be found in EPA's May 13, 2014,
proposed rule entitled, ``Infrastructure SIP Requirements for the 2008
Lead NAAQS'' in the section, ``What is the scope of this rulemaking?''
See 79 FR 27241 at 27242-45.
The rationale for EPA's proposed action is explained in the NPR and
will not be restated here.
II. Response to Comments
EPA received 12 comments during the comment period, three of which
are essentially identical. The nine distinct comments discuss subjects
outside the scope of an infrastructure SIP action, do not explain (or
provide a legal basis for) how the proposed action should differ in any
way, and make no specific mention of the proposed action. As such, they
are not germane.
Only the three identical comments make direct reference to the
proposed rule or to Connecticut's SIP, but even these comments lack
specificity and are unclear. They state that, ``as much as the rule
gives clear mandate and responsibility of the state in SIP [sic], it
does not give out the responsibilities of other agencies and
stakeholders in absolute terms.'' The comments, however, provide no
further explanation for this statement, such as articulating what
particular ``responsibilities'' the SIP should, but does not currently,
``give out,'' offering any ``absolute terms'' to be included, or
providing any specifics regarding the ``other agencies and
stakeholders.'' Moreover, it is not even clear that the commenter(s)
opposes EPA's proposed approval of Connecticut's submittals. In short,
most of the comments are not germane and none of them provide a cogent
explanation of how the proposed action should differ in any way nor any
relevant legal basis for any changes. Consequently, the comments
require no further response, and we are finalizing the action as
proposed.
III. Final Action
EPA is approving Connecticut's infrastructure SIP submittal for the
2012 PM2.5 NAAQS, as well as the transport provisions (CAA
section 110(a)(2)(D)(i)(I)) of the state's infrastructure SIP submittal
for the 2006 PM2.5 NAAQS as revisions to the Connecticut
SIP. EPA is also approving, into the Connecticut SIP, revisions to the
PSD permit program pertaining to treating NOX as a precursor
to ozone (RCSA Section 22a-174-3a(k)(1)(C)) and establishing a minor
source baseline date for PM2.5 (RCSA Section 22a-174-1(71)).
Additionally, EPA is approving revised CGS section 16a-21a, ``Sulfur
content of home heating oil and off-road diesel fuel. Suspension of
requirements for emergency. Enforcement.'' effective July 1, 2015.
Finally, we are converting to full approval the June 3, 2016
conditional approval of Connecticut's infrastructure SIP submittals for
the PSD-related requirements in section 110(a)(2)(C), (D)(i)(II), and J
for the 1997 and 2006 PM2.5, 1997 and 2008 ozone, 2008 lead,
2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS.
IV. 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 Statutes of Connecticut and state regulations described in the
amendments to 40 CFR part 52 set forth below. Specifically, EPA is
finalizing the incorporation by reference of Connecticut General
Statute Title 16a, Chapter 296, Section 16a-21a, and state regulations,
namely the provisions at Regulation 22a-174-1(71) and at 22a-174-
3a(k)(1)(C). The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov and
at the EPA Region 1 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
V. 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);
This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866.
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).
[[Page 37439]]
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 1, 2018. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 26, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
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 adding paragraphs (c)(103)(i)(C) and
(c)(118) to read as follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(103) * * *
(i) * * *
(C) Connecticut General Statute Section16a-21a, which was approved
in paragraph (c)(103)(i)(B) of this section, is removed and replaced by
Connecticut General Statute 16a-21a, see paragraph (c)(118)(i)(A) of
this section.
* * * * *
(118) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on August
19, 2011, December 14, 2015, and October 18, 2017.
(i) Incorporation by reference. (A) ``Definitions,'' Regulation
22a-174-1(71), the definition of ``Minor source baseline date,''
amended October 5, 2017.
(B) ``Permit to Construct and Operate Stationary Sources,''
Regulation 22a-174-3a(k)(1)(C), amended October 5, 2017.
(C) Connecticut General Statute, Title 16a, ``Planning and Energy
Policy,'' Chapter 296, ``Operation of Fuel Supply Business,'' Section
16a-21a, ``Sulfur content of home heating oil and off-road diesel fuel.
Suspension of requirements for emergency. Enforcement,'' effective July
1, 2015, as published in the State of Connecticut General Statutes,
Revision of 1958, Revised to January 1, 2017.
(ii) Additional materials. (A) The Connecticut Department of Energy
and Environmental Protection document, ``Addendum to the CAA Sec.
110(a)(2)(D)(i)(I) Portion of Connecticut's Infrastructure Submittal
for the 2006 PM2.5 NAAQS,'' August 19, 2011.
(B) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan for Clean
Air Act Section 110(a) Infrastructure Elements: 2012 PM2.5
NAAQS,'' December 14, 2015.
(C) The Connecticut Department of Energy and Environmental
Protection document, State Implementation Plan Revision Concerning the
Consumer Products, Architectural and Industrial Maintenance Coatings
and Prevention of Significant Deterioration Permit Programs,'' October
18, 2017.
Sec. 52.380 [Amended]
0
3. Section 52.380 is amended by:
0
a. Under paragraph (e)(2), removing the text ``Note 1 to paragraphs (f)
through (h)'' and adding in its place ``Note 1 to paragraphs (f)
through (g)''; and
0
b. Removing and reserving paragraph (h).
0
4. In Sec. 52.385, Table 52.385 is amended by adding entries for state
citations 22a-174-1 and 22a-174-3a in numerical order by state citation
and date approved by EPA and revising the entry for state citation
Section 16a-21a 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-174-1....................... Definitions............. 10/05/17 08/01/17 [Insert Federal c (118) Modified definition of
Register citation]. ``minor source
baseline date'' for
purposes of adding
PM2.5.
* * * * * * *
22a-174-3a...................... Permit to Construct and 10/05/17 08/01/17 [Insert Federal c (118) Amendment of subsection
Operate Stationary Register citation]. (k)(1)(C).
Sources.
* * * * * * *
Connecticut General Statutes Sulfur content of home 07/01/15 08/01/17 [Insert Federal c (118) Allowable sulfur
Section 16a-21a. heating oil and off Register citation]. content of fuels
road diesel fuel. provided. Criteria for
Suspension of suspension of
requirements for requirements and for
emergency. Enforcement. enforcement
identified.
[[Page 37440]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
5. Section 52.386 is amended by adding paragraph (c) to read as
follows:
Sec. 52.386 Section 110(a)(2) infrastructure requirements.
* * * * *
(c) The Connecticut Department of Energy and Environmental
Protection submitted the following infrastructure SIPs on these dates:
2006 PM2.5 NAAQS--August 19, 2011 (CAA section
110(a)(2)(D)(i)(I) transport provisions), and 2012 PM2.5
NAAQS--December 14, 2015. These infrastructure SIPs are approved. Also
with respect to the 1997 and 2006 PM2.5, 1997 and 2008
ozone, 2008 lead, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS,
elements related to PSD, which are in CAA section 110(a)(2)(C),
(D)(i)(II), and (J) and were previously conditionally approved, are now
approved.
[FR Doc. 2018-16431 Filed 7-31-18; 8:45 am]
BILLING CODE 6560-50-P
