Air Plan Approval; Connecticut; Infrastructure State Implementation Plan Requirements for the 2015 Ozone Standard, 50953-50955 [2020-16010]
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Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Rules and Regulations
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
‘‘Federalism,’’ the Department has
determined that this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
F. Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted for inflation) in any one year,
and it will not significantly or uniquely
affect small governments. Therefore, no
actions are necessary under the
provisions of the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 1501 et
seq.
G. Congressional Review Act
This rule is not a major rule as
defined by section 804 of the
Congressional Review Act, 5 U.S.C. 804.
This action pertains to agency
management or personnel, and agency
organization, procedure, or practice, and
does not substantially affect the rights or
obligations of non-agency parties.
Accordingly, it is not a ‘‘rule’’ as that
term is used by the Congressional
Review Act, 5 U.S.C. 804(3)(B), (C), and
the reporting requirement of 5 U.S.C.
801 does not apply.
H. Paperwork Reduction Act of 1995
This rule does not impose any new
reporting or recordkeeping requirements
under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501–3521.
List of Subjects in 28 CFR Part 50
Administrative practice and
procedure.
Accordingly, for the reasons set forth
in the preamble, part 50 of chapter I of
title 28 of the Code of Federal
Regulations is amended as follows:
PART 50—STATEMENTS OF POLICY
1. The authority citation for part 50
continues to read as follows:
■
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Authority: 5 U.S.C. 301; 18 U.S.C. 1162;
28 U.S.C. 509, 510, 516, and 519; 42 U.S.C.
1921 et seq., 1973c; and Pub. L. 107–273, 116
Stat. 1758, 1824.
2. Section 50.26 is added to read as
follows:
■
§ 50.26 Limitation on issuance of guidance
documents.
(a) General principles. (1) The term
‘‘guidance document’’ means an agency
VerDate Sep<11>2014
15:52 Aug 18, 2020
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statement of general applicability,
intended to have future effect on the
behavior of regulated parties, that sets
forth
(i) A policy on a statutory, regulatory,
or technical issue, or
(ii) An interpretation of a statute or
regulation.
(2) The term ‘‘guidance document’’
does not include the following:
(i) Rules promulgated pursuant to
notice and comment under section 553
of title 5, United States Code, or similar
statutory provisions;
(ii) Rules exempt from rulemaking
requirements under section 553(a) of
title 5, United States Code;
(iii) Rules of agency organization,
procedure, or practice;
(iv) Decisions of agency adjudications
under section 554 of title 5, United
States Code, or similar statutory
provisions;
(v) Internal guidance directed to the
issuing agency or other agencies that is
not intended to have substantial future
effect on the behavior of regulated
parties;
(vi) Internal Executive Branch legal
advice or legal opinions addressed to
Executive Branch officials, see E.O.
13891 of October 9, 2019, sec. 2(b); or
(vii) Documents informing the public
of the agency’s enforcement priorities or
factors the agency considers in
exercising its prosecutorial discretion.
(3) An agency guidance document
may not be used as a substitute for
regulation and may not be used to
impose new standards of conduct on
persons outside the Executive Branch
except as expressly authorized by law or
as expressly incorporated into a
contract.
(4) In accordance with the principles
set forth in paragraphs (a)(1) through (3)
of this section, except where expressly
authorized by law or as expressly
incorporated into a contract,
Department components may not issue
guidance documents that purport to
create rights or obligations binding on
persons or entities outside the Executive
Branch (including state, local, and tribal
governments). Likewise, except where
expressly authorized by law or as
expressly incorporated into a contract,
Department components may not issue
guidance documents that create binding
standards by which the Department will
determine compliance with existing
regulatory or statutory requirements.
(b) Compliance procedures. To ensure
compliance with this section, when
issuing guidance documents,
Department components must, except
where expressly authorized by law or as
expressly incorporated into a contract:
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50953
(1) Identify the documents as
guidance, disclaim any force or effect of
law, and avoid language suggesting that
the public has obligations that go
beyond those set forth in the applicable
statutes and regulations;
(2) Clearly state that the documents
do not bind the public, except as
authorized by law or as incorporated
into a contract;
(3) Avoid using the documents for the
purpose of coercing persons or entities
outside of the Executive Branch into
taking any action or refraining from any
action beyond what is required by the
terms of the applicable statute or
regulation;
(4) Avoid using mandatory language
such as ‘‘shall,’’ ‘‘must,’’ ‘‘required,’’ or
‘‘requirement’’ to direct parties outside
the Executive Branch to take or refrain
from taking action except when
restating—with citations to statutes,
regulations, or binding judicial
precedent—clear mandates contained in
the statute, regulation, or binding
judicial precedent; and
(5) Clearly state that noncompliance
with voluntary standards will not, in
itself, result in any enforcement action.
Dated: July 24, 2020.
William P. Barr,
Attorney General.
[FR Doc. 2020–16473 Filed 8–18–20; 8:45 am]
BILLING CODE 4410–BB–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0223; FRL–10012–
75–Region 1]
Air Plan Approval; Connecticut;
Infrastructure State Implementation
Plan Requirements for the 2015 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving most of the
elements of a State Implementation Plan
(SIP) revision submitted by the State of
Connecticut that addresses the
infrastructure requirements of the Clean
Air Act (CAA or Act), excluding the
interstate transport provisions, for the
2015 ozone National Ambient Air
Quality Standards (NAAQS). We are
conditionally approving several
elements of Connecticut’s SIP revision
regarding air quality modeling
requirements.
The infrastructure requirements are
designed to ensure that the structural
SUMMARY:
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50954
Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Rules and Regulations
components of each state’s air-quality
management program, including
provisions prohibiting emissions that
will have certain adverse air-quality
effects in other states, are adequate to
meet the state’s responsibilities under
the CAA. This action is being taken in
accordance with the Clean Air Act.
DATES: This rule is effective on
September 18, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0223. 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, Air and
Radiation Division, 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 and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency,
EPA Region 1, 5 Post Office Square—
Suite 100, (Mail code 05–2), Boston, MA
02109–3912, tel. (617) 918–1684, email
simcox.alison@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. Final Action
III. Statutory and Executive Order Reviews
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I. Background and Purpose
On May 29, 2020, EPA published a
Notice of Proposed Rulemaking (NPRM)
to approve a Connecticut SIP revision
addressing the infrastructure
requirements of the Clean Air Act (CAA
or Act)—excluding the interstate
transport provisions—for the 2015
ozone National Ambient Air Quality
Standards (NAAQS). Connecticut
submitted the formal SIP revision on
September 7, 2018. The rationale for
EPA’s proposed action is given in the
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15:52 Aug 18, 2020
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NPRM and will not be restated here.
EPA received no public comments on
the NPRM.
II. Final Action
EPA is approving most of the
elements of Connecticut’s September 7,
2018, infrastructure SIP submission for
the 2015 ozone NAAQS)—excluding
section 110(a)(2)(D)(i)(I) (i.e., the Good
Neighbor’’ or ‘‘transport’’ provisions)—
as a revision to the Connecticut SIP.
In addition, EPA is conditionally
approving section 110(a)(2)(K) (Air
quality modeling and data) as well as
the PSD-related requirements of section
110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J). The State must submit to
EPA by August 19, 2021 the necessary
revisions to RCSA section 22a–174–3a(i)
needed to fully approve these elements.
If the State fails to do so, this approval
will become a disapproval on that date.
EPA will notify the State by letter that
this action has occurred. At that time,
this commitment will no longer be a
part of the approved Connecticut SIP.
EPA subsequently will publish a notice
in the notice section of the Federal
Register notifying the public that the
conditional approval automatically
converted to a disapproval. If the State
meets its commitment, within the
applicable time frame, the conditionally
approved submission will remain a part
of the SIP until EPA takes final action
approving or disapproving the necessary
SIP revision. If EPA disapproves the
new submittal, the conditionally
approved sections 110(a)(2)(K) and the
PSD-related requirements of sections
110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J) will also be disapproved at
that time. If EPA approves the submittal,
sections 110(a)(2)(K) and the PSDrelated requirements of section
110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J) will be fully approved in
their entirety and replace the
conditionally approved elements in the
SIP.
If the conditional approval is
converted to a disapproval, such action
will trigger EPA’s authority to impose
sanctions under section 110(m) of the
CAA at the time EPA issues the final
disapproval or on the date the State fails
to meet its commitment. In the latter
case, EPA will notify the State by letter
that the conditional approval has been
converted to a disapproval and that
EPA’s sanctions authority has been
triggered. In addition, the final
disapproval triggers the Federal
implementation plan (FIP) requirement
under section 110(c).
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III. 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);
• 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
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Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Rules and Regulations
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 19, 2020.
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.
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Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.370 is amended by
adding paragraph (c) (123) to read as
follows:
■
Identification of plan
*
*
*
*
*
(c) * * *
(123) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on September
7, 2018.
(i) [Reserved]
(ii) Additional materials.
(A) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Connecticut State
Implementation Plan—Clean Air Act
Section 110(a) Infrastructure Elements
for the 2015 Ozone National Ambient
Air Quality Standards,’’ Final,
September 7, 2018.
(B) [Reserved]
■ 3. Section 52.386 is amended by
adding paragraph (e) to read as follows:
§ 52.386 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(e) The Connecticut Department of
Energy and Environmental Protection
submitted an infrastructure SIP for the
2015 ozone NAAQS on September 7,
2018. This infrastructure SIP is
approved, with the exception of section
110(a)(2)(D)(i)(I), which will be
addressed in a future rulemaking, and
sections 110(a)(2)(K) and the PSDrelated requirements of sections
110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J), which are conditionally
approved.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0031; FRL–10011–
75-Region 5]
For the reasons stated in the
preamble, the EPA amends Part 52 of
chapter I, title 40 of the Code of Federal
Regulations as follows:
15:52 Aug 18, 2020
1. The authority citation for part 52
continues to read as follows:
■
§ 52.370
Air Plan Approval; Illinois; Plan
Elements for the Chicago
Nonattainment Area for the 2008
Ozone Standard
Environmental Protection
Agency (EPA).
AGENCY:
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Final rule.
The Environmental Protection
Agency (EPA) is approving a revision to
the Illinois State Implementation Plan
(SIP) to meet the base year emissions
inventory and motor vehicle inspection
and maintenance (I/M) requirements of
the Clean Air Act (CAA) for the Illinois
portion of the Chicago-Naperville,
Illinois-Indiana-Wisconsin area
(Chicago area) for the 2008 ozone
national ambient air quality standard
(NAAQS or standard). EPA is approving
the State’s submission as a SIP revision
pursuant to section 110 and part D of
the CAA and EPA’s regulations because
it satisfies the emissions inventory and
I/M requirements for areas classified as
moderate nonattainment for the 2008
ozone NAAQS. Final approval of the
Illinois SIP as meeting the I/M
requirements of the CAA for the 2008
ozone NAAQS permanently stops the
Federal Implementation Plan (FIP) clock
for that element, which was triggered by
EPA’s December 11, 2017 finding that
Illinois failed to submit certain required
SIP elements for the 2008 ozone
NAAQS. EPA proposed to approve this
action on April 23, 2020 and received
no adverse comments on the emissions
inventory and I/M SIP elements.
DATES: This final rule is effective on
September 18, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0031. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., 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 through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID 19. We
recommend that you telephone
Kathleen D’Agostino, Environmental
Scientist, at (312) 886–1767 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
SUMMARY:
[FR Doc. 2020–16010 Filed 8–18–20; 8:45 am]
Dated: July 20, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
VerDate Sep<11>2014
ACTION:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
50955
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]]>Agencies
[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Rules and Regulations]
[Pages 50953-50955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16010]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0223; FRL-10012-75-Region 1]
Air Plan Approval; Connecticut; Infrastructure State
Implementation Plan Requirements for the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving most of
the elements of a State Implementation Plan (SIP) revision submitted by
the State of Connecticut that addresses the infrastructure requirements
of the Clean Air Act (CAA or Act), excluding the interstate transport
provisions, for the 2015 ozone National Ambient Air Quality Standards
(NAAQS). We are conditionally approving several elements of
Connecticut's SIP revision regarding air quality modeling requirements.
The infrastructure requirements are designed to ensure that the
structural
[[Page 50954]]
components of each state's air-quality management program, including
provisions prohibiting emissions that will have certain adverse air-
quality effects in other states, are adequate to meet the state's
responsibilities under the CAA. This action is being taken in
accordance with the Clean Air Act.
DATES: This rule is effective on September 18, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0223. 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, Air and Radiation Division, 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617)
918-1684, 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. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On May 29, 2020, EPA published a Notice of Proposed Rulemaking
(NPRM) to approve a Connecticut SIP revision addressing the
infrastructure requirements of the Clean Air Act (CAA or Act)--
excluding the interstate transport provisions--for the 2015 ozone
National Ambient Air Quality Standards (NAAQS). Connecticut submitted
the formal SIP revision on September 7, 2018. The rationale for EPA's
proposed action is given in the NPRM and will not be restated here. EPA
received no public comments on the NPRM.
II. Final Action
EPA is approving most of the elements of Connecticut's September 7,
2018, infrastructure SIP submission for the 2015 ozone NAAQS)--
excluding section 110(a)(2)(D)(i)(I) (i.e., the Good Neighbor'' or
``transport'' provisions)--as a revision to the Connecticut SIP.
In addition, EPA is conditionally approving section 110(a)(2)(K)
(Air quality modeling and data) as well as the PSD-related requirements
of section 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J). The
State must submit to EPA by August 19, 2021 the necessary revisions to
RCSA section 22a-174-3a(i) needed to fully approve these elements.
If the State fails to do so, this approval will become a
disapproval on that date. EPA will notify the State by letter that this
action has occurred. At that time, this commitment will no longer be a
part of the approved Connecticut SIP. EPA subsequently will publish a
notice in the notice section of the Federal Register notifying the
public that the conditional approval automatically converted to a
disapproval. If the State meets its commitment, within the applicable
time frame, the conditionally approved submission will remain a part of
the SIP until EPA takes final action approving or disapproving the
necessary SIP revision. If EPA disapproves the new submittal, the
conditionally approved sections 110(a)(2)(K) and the PSD-related
requirements of sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J) will also be disapproved at that time. If EPA approves the
submittal, sections 110(a)(2)(K) and the PSD-related requirements of
section 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J) will be
fully approved in their entirety and replace the conditionally approved
elements in the SIP.
If the conditional approval is converted to a disapproval, such
action will trigger EPA's authority to impose sanctions under section
110(m) of the CAA at the time EPA issues the final disapproval or on
the date the State fails to meet its commitment. In the latter case,
EPA will notify the State by letter that the conditional approval has
been converted to a disapproval and that EPA's sanctions authority has
been triggered. In addition, the final disapproval triggers the Federal
implementation plan (FIP) requirement under section 110(c).
III. 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);
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
[[Page 50955]]
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 19, 2020. 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 20, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the EPA amends Part 52 of
chapter I, title 40 of the Code of Federal Regulations 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 paragraph (c) (123) to read as
follows:
Sec. 52.370 Identification of plan
* * * * *
(c) * * *
(123) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
September 7, 2018.
(i) [Reserved]
(ii) Additional materials.
(A) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan--Clean Air
Act Section 110(a) Infrastructure Elements for the 2015 Ozone National
Ambient Air Quality Standards,'' Final, September 7, 2018.
(B) [Reserved]
0
3. Section 52.386 is amended by adding paragraph (e) to read as
follows:
Sec. 52.386 Section 110(a)(2) infrastructure requirements.
* * * * *
(e) The Connecticut Department of Energy and Environmental
Protection submitted an infrastructure SIP for the 2015 ozone NAAQS on
September 7, 2018. This infrastructure SIP is approved, with the
exception of section 110(a)(2)(D)(i)(I), which will be addressed in a
future rulemaking, and sections 110(a)(2)(K) and the PSD-related
requirements of sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J), which are conditionally approved.
[FR Doc. 2020-16010 Filed 8-18-20; 8:45 am]
BILLING CODE 6560-50-P
