Air Plan Approval; Connecticut; 1997 8-Hour Ozone Attainment Demonstration, 39890-39892 [2018-17245]
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations
EPA-APPROVED RHODE ISLAND REGULATIONS
State citation
Title/subject
Air Pollution Control General
Definitions Regulation.
State
effective
date
EPA approval date
Explanations
General Definitions ................
1/9/2017
8/13/2018, [Insert Federal
Register citation].
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Air Pollution Control RegulaSulfur Content of Fuels ..........
tion 8.
*
1/9/2017
*
8/13/2018, [Insert Federal
Register citation].
*
*
Excluding sections 8.7 and
8.8.3 which were not submitted by the State.
*
*
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Air Pollution Control RegulaControl of Volatile Organic
tion 19.
Compounds from Surface
Coating Operations.
*
1/9/2017
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8/13/2018, [Insert Federal
Register citation].
*
*
Excluding sections 19.2.2 and
19.9.2, which were not submitted by the State.
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Air Pollution Control RegulaControl of Nitrogen Oxides
tion 27.
Emissions.
*
1/9/2017
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8/13/2018, [Insert Federal
Register citation].
*
*
Excluding section 27.7.3
which was not submitted by
the State.
*
*
*
Air Pollution Control RegulaControl of Volatile Organic
tion 35.
Compounds and Volatile
Hazardous Air Pollutants
from Wood Products Manufacturing Operations.
Air Pollution Control RegulaControl of Emissions from Ortion 36.
ganic Solvent Cleaning.
*
1/9/2017
*
8/13/2018, [Insert Federal
Register citation].
*
*
Excluding sections 35.2.3 and
35.9.3 which were not submitted by the State.
1/9/2017
8/13/2018, [Insert Federal
Register citation].
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[FR Doc. 2018–17246 Filed 8–10–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2018–0178; FRL–9981–
40—Region 1]
Air Plan Approval; Connecticut; 1997
8-Hour Ozone Attainment
Demonstration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the ozone
attainment demonstration portion of a
State Implementation Plan (SIP)
revision submitted by the State of
Connecticut to meet the Clean Air Act
(CAA) requirements for attaining the
1997 8-hour ozone national ambient air
quality standard (NAAQS). The EPA is
approving Connecticut’s demonstration
of attainment of the 1997 8-hour ozone
NAAQS for the New York-Northern
New Jersey-Long Island, NY-NJ-CT
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SUMMARY:
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moderate 1997 8-hour ozone
nonattainment area (hereafter, the NYNJ-CT area or the NY-NJ-CT
nonattainment area). In addition, the
EPA is approving Connecticut’s
reasonably available control measures
(RACM) analysis. This action is being
taken under the Clean Air Act.
DATES: This rule is effective on
September 12, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0178. 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
Region 1 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
PO 00000
Frm 00018
Fmt 4700
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Excluding ‘‘Application’’ section of the ‘‘General Provisions’’ which was not submitted by the State
Excluding sections 36.2.2 and
36.14.2 which were not
submitted by the State.
*
*
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: Eric
Wortman, Air Permits, Toxics, and
Indoor Programs Unit, U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, 5 Post Office
Square—Suite 100 (Mail Code OEP05–
2), Boston, MA 02109–3912, phone
number: (617) 918–1624, fax number:
(617) 918–0624, email: wortman.eric@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Summary of Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 25, 2018 (83 FR 24259), the
EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of
Connecticut. In the May 25, 2018
proposed rulemaking action, the EPA
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations
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proposed to approve the portion of a
Connecticut SIP revision submitted on
August 8, 2017 which demonstrates
attainment of the 1997 ozone NAAQS.
The EPA also proposed to approve the
associated RACM analysis for the same
area. Connecticut previously submitted
an initial attainment demonstration for
the 1997 ozone NAAQS for the
Connecticut portion of the NY-NJ-CT
area on February 1, 2008.
This action addresses Connecticut’s
demonstrations of attainment of the
1997 8-hour ozone standard and
associated RACM analysis for the
Connecticut portion of the NY-NJ-CT
area, submitted by Connecticut on
February 1, 2008 and August 8, 2017.
The EPA is taking separate action on the
2011 base year emission inventories,
RFP plans, motor vehicle emission
budgets, and contingency measures
submitted as part of the August 8, 2017
SIP revisions in a forthcoming Federal
Register document.
II. Summary of Action
As discussed in the Federal Register
at 83 FR 24259, May 25, 2018, proposed
rulemaking, the EPA reviewed the
photochemical grid modeling used by
Connecticut in its August 8, 2017 SIP
submittal to demonstrate attainment of
the 1997 ozone NAAQS and determined
the modeling meets the EPA’s
guidelines and is acceptable to the EPA.
Air quality monitoring data for 2014–
2016 also demonstrates attainment of
the 1997 8-hour ozone standard
throughout the NY-NJ-CT area. The
purpose of the attainment
demonstration is to demonstrate how,
through enforceable and approvable
emission reductions, an area will meet
the standard by the attainment date. The
purpose of the RACM analysis is to
show that the State has considered all
reasonable available control measures to
achieve attainment of the 1997 8-hour
ozone standard. All necessary ozone
control measures have already been
adopted, submitted, approved and
implemented. Also discussed in further
detail in the Federal Register at 83 FR
24259, May 25, 2018, proposed
rulemaking and based on (1) the State
following the EPA’s modeling guidance,
(2) the modeled attainment of 1997
standard, (3) the air quality monitoring
data for 2014–2016, and (4) the
implemented SIP-approved control
measures, the EPA is approving the
attainment demonstration and RACM
analysis for the 1997 ozone NAAQS for
the Connecticut portion of the NY-NJCT area. The EPA is not taking action
on the attainment demonstration and
RACM analysis for the 2008 ozone
NAAQS at this time.
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Other specific requirements of an
attainment demonstration and the
rationale for the EPA’s proposed action
are explained in the NPRM and will not
be restated here. The EPA received two
comments during the comment period.
Although one comment was partially
supportive of the EPA’s proposed
action, the comments otherwise discuss
subjects outside the scope of an
attainment demonstration 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 and do not
require further response to finalize the
action as proposed.
III. Final Action
The EPA is approving the attainment
demonstration and RACM analysis for
the Connecticut portion of the NY-NJCT area for the 1997 ozone NAAQS.
This rulemaking addresses the EPA’s
obligations to act on Connecticut’s
February 1, 2008 SIP revision for the
1997 ozone NAAQS, as well as the
attainment demonstration and RACM
analysis portion of the August 8, 2017
SIP submittal for the 1997 ozone
NAAQS for the Connecticut portion of
the NY-NJ-CT area.
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. See 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
PO 00000
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Fmt 4700
Sfmt 4700
39891
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 12, 2018.
Filing a petition for reconsideration by
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations
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
Dated: August 6, 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 52.377 is amended by
adding paragraph(s) to read as follows:
■
Control strategy: Ozone.
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(s) Approval—An attainment
demonstration for the 1997 8-hour
ozone standard to satisfy requirements
of section 182(c)(2)(A) of the Clean Air
Act, and a Reasonably Available Control
Measure (RACM) analysis to satisfy
requirements of section 172(c)(1) of the
Clean Air Act for the New YorkNorthern New Jersey-Long Island (NYNJ-CT) ozone nonattainment area,
submitted by the Connecticut
Department of Energy and
Environmental Protection. This
rulemaking addresses the EPA’s
obligations to act on Connecticut’s
February 1, 2008 SIP revision for the
1997 ozone NAAQS, as well as the
attainment demonstration and RACM
analysis portion of the August 8, 2017
SIP submittal for the 1997 ozone
NAAQS for the Connecticut portion of
the NY-NJ-CT area.
[FR Doc. 2018–17245 Filed 8–10–18; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:02 Aug 10, 2018
Jkt 244001
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
40 CFR Part 52
Table of Contents
[EPA–R01–OAR–2018–0269; FRL–9981–93–
Region 1]
Air Plan Approval; Maine;
Infrastructure Requirement for the
2010 Nitrogen Dioxide National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
§ 52.377
ENVIRONMENTAL PROTECTION
AGENCY
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
revision addresses the interstate
transport requirements of the Clean Air
Act (CAA) with respect to the 2010
primary nitrogen dioxide (NO2) National
Ambient Air Quality Standard
(NAAQS). This action approves Maine’s
demonstration that the State is meeting
its obligations regarding the interstate
transport of NO2 emissions into other
states. This action is being taken under
the CAA.
DATES: This rule is effective on
September 12, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0269. 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
Region 1 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:
Patrick Bird, Office of Ecosystem
Protection, 5 Post Office Square—Suite
100 (Mail Code OEP 05–2), Boston, MA
01209–3912, tel. (617) 918–1287, email
bird.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
SUMMARY:
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I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 25, 2018 (83 FR 24264), EPA
published a Notice of Proposed
Rulemaking (NPRM) regarding specific
Clean Air Act requirements applicable
to the State of Maine. In particular, the
NPRM proposed approval of Maine’s
February 21, 2018, SIP submittal for the
2010 primary NO2 NAAQS as it pertains
to section 110(a)(2)(D)(i)(I) of the CAA.
Section 110(a)(2)(D)(i)(I) requires a
state’s SIP to include provisions
prohibiting any source or other type of
emissions activity within the state from
emitting any air pollutant in amounts
that will contribute significantly to
nonattainment, or interfere with
maintenance, of the NAAQS in another
state. The two clauses of this section are
referred to as prong 1 (significant
contribution to nonattainment) and
prong 2 (interference with maintenance
of the NAAQS).
In the NPRM, EPA proposed to
approve Maine’s February 21, 2018,
infrastructure SIP submittal for the 2010
primary NO2 NAAQS, concluding
Maine’s SIP submittal adequately
addresses prong 1 and prong 2
requirements of CAA section
110(a)(2)(D)(i)(I) for the 2010 primary
NO2 NAAQS. The rationale for EPA’s
proposed action is explained in the
NPRM and will not be restated here.
II. Response to Comments
In response to the May 25, 2018
NPRM, we received a number of
anonymous comments that address
subjects outside the scope of our
proposed 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. Consequently,
those comments are not germane to this
rulemaking and require no further
response.
EPA received one relevant comment
that referred specifically to the proposed
rulemaking on the Maine’s
infrastructure SIP submittal for the 2010
primary NO2 NAAQS.
Comment: The commenter suggests
that, under the Plain Writing Act of
2010, EPA should not have used the
word ‘‘promulgated’’ in the NPRM for
this action.
Response: The Plain Writing Act of
2010 (‘‘PWA’’ or the ‘‘Act’’), Public Law
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]]>Agencies
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39890-39892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17245]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0178; FRL-9981-40--Region 1]
Air Plan Approval; Connecticut; 1997 8-Hour Ozone Attainment
Demonstration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
ozone attainment demonstration portion of a State Implementation Plan
(SIP) revision submitted by the State of Connecticut to meet the Clean
Air Act (CAA) requirements for attaining the 1997 8-hour ozone national
ambient air quality standard (NAAQS). The EPA is approving
Connecticut's demonstration of attainment of the 1997 8-hour ozone
NAAQS for the New York-Northern New Jersey-Long Island, NY-NJ-CT
moderate 1997 8-hour ozone nonattainment area (hereafter, the NY-NJ-CT
area or the NY-NJ-CT nonattainment area). In addition, the EPA is
approving Connecticut's reasonably available control measures (RACM)
analysis. This action is being taken under the Clean Air Act.
DATES: This rule is effective on September 12, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2018-0178. 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
Region 1 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: Eric Wortman, Air Permits, Toxics, and
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA Region
1 Regional Office, 5 Post Office Square--Suite 100 (Mail Code OEP05-2),
Boston, MA 02109-3912, phone number: (617) 918-1624, fax number: (617)
918-0624, email: [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. Summary of Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 25, 2018 (83 FR 24259), the EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of Connecticut. In the May 25,
2018 proposed rulemaking action, the EPA
[[Page 39891]]
proposed to approve the portion of a Connecticut SIP revision submitted
on August 8, 2017 which demonstrates attainment of the 1997 ozone
NAAQS. The EPA also proposed to approve the associated RACM analysis
for the same area. Connecticut previously submitted an initial
attainment demonstration for the 1997 ozone NAAQS for the Connecticut
portion of the NY-NJ-CT area on February 1, 2008.
This action addresses Connecticut's demonstrations of attainment of
the 1997 8-hour ozone standard and associated RACM analysis for the
Connecticut portion of the NY-NJ-CT area, submitted by Connecticut on
February 1, 2008 and August 8, 2017. The EPA is taking separate action
on the 2011 base year emission inventories, RFP plans, motor vehicle
emission budgets, and contingency measures submitted as part of the
August 8, 2017 SIP revisions in a forthcoming Federal Register
document.
II. Summary of Action
As discussed in the Federal Register at 83 FR 24259, May 25, 2018,
proposed rulemaking, the EPA reviewed the photochemical grid modeling
used by Connecticut in its August 8, 2017 SIP submittal to demonstrate
attainment of the 1997 ozone NAAQS and determined the modeling meets
the EPA's guidelines and is acceptable to the EPA. Air quality
monitoring data for 2014-2016 also demonstrates attainment of the 1997
8-hour ozone standard throughout the NY-NJ-CT area. The purpose of the
attainment demonstration is to demonstrate how, through enforceable and
approvable emission reductions, an area will meet the standard by the
attainment date. The purpose of the RACM analysis is to show that the
State has considered all reasonable available control measures to
achieve attainment of the 1997 8-hour ozone standard. All necessary
ozone control measures have already been adopted, submitted, approved
and implemented. Also discussed in further detail in the Federal
Register at 83 FR 24259, May 25, 2018, proposed rulemaking and based on
(1) the State following the EPA's modeling guidance, (2) the modeled
attainment of 1997 standard, (3) the air quality monitoring data for
2014-2016, and (4) the implemented SIP-approved control measures, the
EPA is approving the attainment demonstration and RACM analysis for the
1997 ozone NAAQS for the Connecticut portion of the NY-NJ-CT area. The
EPA is not taking action on the attainment demonstration and RACM
analysis for the 2008 ozone NAAQS at this time.
Other specific requirements of an attainment demonstration and the
rationale for the EPA's proposed action are explained in the NPRM and
will not be restated here. The EPA received two comments during the
comment period. Although one comment was partially supportive of the
EPA's proposed action, the comments otherwise discuss subjects outside
the scope of an attainment demonstration 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 and do not require further response to finalize the
action as proposed.
III. Final Action
The EPA is approving the attainment demonstration and RACM analysis
for the Connecticut portion of the NY-NJ-CT area for the 1997 ozone
NAAQS. This rulemaking addresses the EPA's obligations to act on
Connecticut's February 1, 2008 SIP revision for the 1997 ozone NAAQS,
as well as the attainment demonstration and RACM analysis portion of
the August 8, 2017 SIP submittal for the 1997 ozone NAAQS for the
Connecticut portion of the NY-NJ-CT area.
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. See 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).
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 12, 2018. Filing a
petition for reconsideration by
[[Page 39892]]
the Administrator of this final rule does not affect the finality of
this action for the purposes of judicial review nor does it extend the
time within which a petition for judicial review may be filed, and
shall not postpone the effectiveness of such rule or action. This
action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: August 6, 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 52.377 is amended by adding paragraph(s) to read as follows:
Sec. 52.377 Control strategy: Ozone.
* * * * *
(s) Approval--An attainment demonstration for the 1997 8-hour ozone
standard to satisfy requirements of section 182(c)(2)(A) of the Clean
Air Act, and a Reasonably Available Control Measure (RACM) analysis to
satisfy requirements of section 172(c)(1) of the Clean Air Act for the
New York-Northern New Jersey-Long Island (NY-NJ-CT) ozone nonattainment
area, submitted by the Connecticut Department of Energy and
Environmental Protection. This rulemaking addresses the EPA's
obligations to act on Connecticut's February 1, 2008 SIP revision for
the 1997 ozone NAAQS, as well as the attainment demonstration and RACM
analysis portion of the August 8, 2017 SIP submittal for the 1997 ozone
NAAQS for the Connecticut portion of the NY-NJ-CT area.
[FR Doc. 2018-17245 Filed 8-10-18; 8:45 am]
BILLING CODE 6560-50-P
