Air Plan Approval; Connecticut; New Source Review Permit Program State Plan Revision, 60591-60594 [2023-18909]
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Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations
and adjustment regulations 66 may have
to pay late fees under the CRJs’
regulations for any underpayments, that
has no bearing on whether the statutory
text is ambiguous. As the MLC points
out, the estimate and adjustment
regulations adopted by the Office
pursuant to that provision allow DMPs
‘‘to use estimates where appropriate
without violating the law[,] . . . but not
the ability to pay royalties later than the
statutory due date.’’ 67
Further, as the NMPA noted, Congress
knows how to exempt certain types of
royalty payments from incurring late
fees, as it did with the optional statutory
limitation on liability for certain
unlicensed uses prior to the license
availability date.68 Under the negativeimplication cannon of statutory
construction, ‘‘[w]hen Congress
includes particular language in one
section of a statute but omits it from a
neighbor, we normally understand that
difference in language to convey a
difference in meaning,’’ 69 i.e., that
textual difference is presumed to be
intentional.
2. Distinguishing the Phonorecords III
Remand Determination
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Commenters appear to be in
agreement that late fees do not apply to
adjustments resulting from the change
in rates and terms following the CRJs’
Phonorecords III Remand
determination. For example, the MLC
reasoned that where applicable royalty
rates are changed, as with the
Phonorecords III Remand proceeding,
there would be no underpayment to
trigger late fees, as the ‘‘rates were not
in effect at those times.’’ 70 Similarly,
the NMPA states that ‘‘where rates have
not yet been determined, payment
under the not-yet determined rates are
not ‘due’ ’’ and ‘‘[payment] only
become[s] ‘due’ when [the rates] are
determined.’’ 71 The DLC believes that it
would be illogical and inconsistent for
DMPs’ ‘‘true-up’’ payments made after
the Phonorecords III Remand
determination to be considered
‘‘late.’’ 72
66 It appears that not all DMPs use the adjustment
provisions. MLC Ex Parte Letter at 4 (Dec. 21, 2022)
(noting that ‘‘over half of the blanket licensees
submitted annual reports of usage for 2021 without
any concurrent adjustment’’).
67 MLC Initial Comments at 8.
68 NMPA Initial Comments at 4 (citing 17 U.S.C.
115(d)(10)(B)(v)).
69 Bittner v. United States, 598 U.S. 85, 94 (2023).
70 MLC Initial Comments at 6 n.1.
71 NMPA Initial Comments at 8.
72 DLC Initial Comments at 6; DLC Reply
Comments at 6 (‘‘It is entirely unclear why that is
true for interim section 115 rates but not true for
interim rates or payments to PROs or labels.’’).
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The Office concurs that no late fees
are owed in connection with any
Phonorecords III Remand adjustments.
Under section 115(c)(1)(C), for digital
phonorecord deliveries (including uses
under the blanket license), ‘‘the royalty
payable shall be the royalty prescribed
under subparagraphs (D) through (F),
paragraph (2)(A), and chapter 8.’’ 73
Therefore, what constitutes ‘‘all
royalties’’ 74 that are ‘‘due’’ for any given
monthly reporting period 75 are the
royalties ‘‘prescribed’’ under the rates
and terms that are in effect at that
time.76 By definition, the newer rates
and terms, despite having retroactive
effect, were not ‘‘the royalty prescribed’’
at the time the previous payment was
due, and therefore did not constitute
‘‘the royalty payable’’ at that time.77
Previously timely payments cannot
subsequently be rendered late because
of a retroactive change in the rates and
terms adopted by the CRJs.
C. The CRJs’ Authority To Set Late Fees
As noted above, the Copyright Office
concludes that the MMA’s provisions
are not ambiguous or silent on the issue
of when royalty payments are due;
therefore our inquiry ends here. To the
extent that interested parties have
competing policy concerns about when
or how late fees should be incurred,
such concerns must be addressed either
to Congress or the CRJs, as Congress
delegated authority over the substance
of late fees to the CRJs and not the
Office.
While we offer no views regarding
what late fee regulations should be
adopted by the CRJs, if any, the Office
does take the position that the CRJs have
broad and flexible authority under
section 803(c)(7) to adopt late fee terms,
including by adopting differentiated or
variable late fees (e.g., where the
amounts can change over time), if the
CRJs see fit to do so and such
regulations are otherwise consistent
with title 17 and based on an
appropriate record. Nothing in title 17
suggests that the CRJs cannot adopt
different late fees (whether with respect
to their amount(s) or how they operate)
based on competing policy concerns.
Dated: August 23, 2023.
Suzanne V. Wilson,
General Counsel and Associate Register of
Copyrights.
[FR Doc. 2023–18609 Filed 9–1–23; 8:45 am]
BILLING CODE 1410–30–P
73 17
U.S.C. 115(c)(1)(C).
id. at 115(c)(2)(I).
75 See id. at 115(d)(4)(A)(i).
76 See id. at 115(c)(1)(C).
77 See id.
74 See
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60591
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2023–0189; FRL–10876–
02–R1]
Air Plan Approval; Connecticut; New
Source Review Permit Program State
Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Connecticut State Implementation
Plan (leSIP) concerning ruits New
Source Review (NSR) permit program.
The Connecticut Department of Energy
and Environmental Protection (CT
DEEP) submitted these revisions on
December 15, 2020, as well as a
supplemental letter on February 14,
2023. The revised SIP incorporates
various updates to CT DEEP’s NSR
procedural requirements, substantive
review criteria, provisions related to the
control of volatile organic compounds
(VOCs), and clarifying revisions to
existing SIP-approved regulations. EPA
is also fully approving the state’s
infrastructure SIP for the 2015 National
Ambient Air Quality Standards
(NAAQS) ozone standard, which was
previously conditionally approved.
DATES: This rule is effective on October
5, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2023–0189. 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:
Jessica Kilpatrick, Air Permits, Toxics,
SUMMARY:
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Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations
and Indoor Programs Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, APTB05–2, Boston, MA
02109–0287. Telephone: 617–918–1652.
Fax: 617–918–0652 Email:
kilpatrick.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
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 April 11, 2023, EPA published a
Notice of Proposed Rulemaking (NPRM)
for the State of Connecticut. The NPRM
proposed approving CT DEEP’s revised
SIP for its NSR permit program at
Regulations of Connecticut State
Agencies (RCSA) 22a–174–2a, 22a–174–
3a, and 22a–174–20. The NPRM also
proposed to convert a conditional
approval to full approval for the 2015
NAAQS ozone standard infrastructure
SIP as it relates to Clean Air Act (CAA)
section 110(a)(2)(K) and for the
Prevention of Significant Deterioration
(PSD) requirements of CAA sections
110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J). CT DEEP initially submitted
a formal SIP revision to EPA on
December 15, 2020, and a supplemental
clarification letter was submitted on
February 14, 2023. The rationale for
EPA’s proposed approval of the revised
SIP is explained in the NPRM and will
not be restated here. No germane
comments were received regarding the
NPRM.
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II. Response to Comments
EPA received four comments during
the comment period, all of which were
identical and outside the scope of this
action. As such, these comments are
nongermane and do not require further
response to finalize the action as
proposed. Nevertheless, EPA is
including these comments in the docket
for this rule.
III. Final Action
EPA is approving CT DEEP’s revised
SIP for its NSR permit program as well
as converting a conditional approval to
a full approval for 2015 NAAQS ozone
standard requirements in the
Connecticut infrastructure SIP.
Specifically, EPA is amending 40 CFR
part 52, subpart H—Connecticut to
include revisions to RCSA 22a–174–2a
(Procedural Requirements for New
Source Review and Title V Permitting),
22a–174–3a (Permit to Construct and
Operate Stationary Sources), and 22a–
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174–20 (Control of Organic Compound
Emissions) and is updating the CAA
110(a)(2) infrastructure requirements.
Specifically, EPA is approving revisions
to:
• Regulations of Connecticut State
Agencies Section 22a–174–2a
‘‘Procedural Requirements for New
Source Review and Title V Permitting,’’
22a–174–2a(c)(3), 22a–174–2a(d)(9),
22a–174–2a(e)(3)(C), 22a–174–
2a(e)(3)(E), 22a–174–2a(e)(7), 22a–174–
2a(f)(2), and 22a–174–2a(f)(2)(G),
amended by the State of Connecticut on
November 18, 2020;
• Regulations of Connecticut State
Agencies Section 22a–174–3a, ‘‘Permit
to Construct and Operate Stationary
Sources,’’ at 22a–174–3a(a)(2)(A)(ii)
through (v), 22a–174–3a(a)(5), 22a–174–
3a(d)(3)(B) and (C), 22a–174–3a(i) Table
3a(i)–1, 22a–174–3a(i)(2), 22a–174–
3a(j)(1)(B), 22a–174–3a(j)(8)(A), 22a–
174–3a(k)(3) and (4), 22a–174–
3a(k)(6)(A), 22a–174–3a(k)(7) Table
3a(k)–1, and 22a–174–3a(l)(1), amended
by the State of Connecticut on
November 18, 2020; and
• Regulations of Connecticut State
Agencies Section 22a–174–20, ‘‘Control
of Organic Compound Emissions,’’ at
22a–174–20(gg)(8), amended by the
State of Connecticut on November 18,
2020.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the provisions regulating
NSR permitting as described in section
III. of this preamble. These provisions
update the CT DEEP’s NSR procedural
requirements, add to substantive review
criteria for CT DEEP’s NSR permitting
process, and revise provisions related to
the control of VOCs. EPA has made, and
will continue to make, these documents
generally available through https://
www.regulations.gov and at 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 CAA, 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 CAA. Accordingly, this action
merely approves state law as meeting
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Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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 CAA.
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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
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and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
CT DEEP did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 6, 2023. 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, Administrative
practice and procedure, Incorporation
by reference, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: August 28, 2023.
David Cash,
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 paragraph (c)(129) to read as
follows:
■
§ 52.370
Identification of plan.
*
*
*
*
*
(c) * * *
(129) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of
Environmental Protection on December
15, 2020, and supplemented on
February 14, 2023.
(i) Incorporation by reference.
(A) Regulations of Connecticut State
Agencies Section 22a–174–2a
60593
‘‘Procedural Requirements for New
Source Review and Title V Permitting,’’
22a–174–2a(c)(3), 22a–174–2a(d)(9),
22a–174–2a(e)(3)(C), 22a–174–
2a(e)(3)(E), 22a–174–2a(e)(7), 22a–174–
2a(f)(2), and 22a–174–2a(f)(2)(G),
amended by the State of Connecticut on
November 18, 2020.
(B) Regulations of Connecticut State
Agencies Section 22a–174–3a, ‘‘Permit
to Construct and Operate Stationary
Sources,’’ at 22a–174–3a(a)(2)(A)(ii)
through (v), 22a–174–3a(a)(5), 22a–174–
3a(d)(3)(B) and (C), 22a–174–3a(i) Table
3a(i)–1, 22a–174–3a(i)(2), 22a–174–
3a(j)(1)(B), 22a–174–3a(j)(8)(A), 22a–
174–3a(k)(3) and (4), 22a–174–
3a(k)(6)(A), 22a–174–3a(k)(7) Table
3a(k)–1, and 22a–174–3a(l)(1), amended
by the State of Connecticut on
November 18, 2020.
(C) Regulations of Connecticut State
Agencies Section 22a–174–20, ‘‘Control
of Organic Compound Emissions,’’ at
22a–174–20(gg)(8), amended by the
State of Connecticut on November 18,
2020.
(ii) Additional materials.
(A) Letter from CT DEEP submitted to
EPA on December 15, 2020, entitled
‘‘State Implementation Plan Revision
Concerning the New Source Review
Permit Program Update.’’
(B) Letter from CT DEEP submitted to
EPA on February 14, 2023, entitled ‘‘Re:
Supplement to the State Implementation
Plan Revision Concerning the NSR
Program Update.’’
■ 3. Section 52.385 is amended in Table
52.385 by adding:
■ a. A third entry for ‘‘22a-174–2a’’
before the entry for ‘‘22a–174–3;
■ b. A sixth entry for ‘‘22a-174–3a’’
before the entry for ’’ 22a-174–3b’’; and
■ c. A fifth entry for ’’ 22a-174–20’’
before the entry ‘‘22a–174–21’’.
The additions read as follows:
§ 52.385 EPA-approved Connecticut
regulations.
*
*
*
*
*
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
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Connecticut state
citation
22a–174–2a .......
VerDate Sep<11>2014
Title/subject
*
*
Procedural Requirements for
New Source Review and
Title V Permitting.
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Date
adopted
by State
*
11/18/20
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citation
Date
approved
by EPA
9/5/23
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*
*
[INSERT Federal Register
CITATION].
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Section
52.370
(c)(129)
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Comments/description
*
*
Revisions made to 22a–174–2a(c)(3),
22a–174–2a(d)(9), 22a–174–2a(e)(3)(C),
22a–174–2a(e)(3)(E), 22a–174–2a(e)(7),
22a–174–2a(f)(2), and 22a–174–
2a(f)(2)(G).
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TABLE 52.385—EPA-APPROVED REGULATIONS—Continued
Dates
Connecticut state
citation
Title/subject
22a–174–3a .......
*
*
Permit to Construct and Operate Stationary Sources.
*
11/18/20
9/5/23
*
*
[INSERT Federal Register
CITATION].
(c)(129)
22a–174–20 .......
*
*
Control of Organic Compound Emissions.
*
11/18/20
9/5/23
*
*
[INSERT Federal Register
CITATION].
(c)(129)
*
Date
adopted
by State
*
*
4. Section 52.386 is amended by
revising paragraph (e) to read as follows:
■
§ 52.386 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(e) CT DEEP submitted an
infrastructure SIP for the 2015 ozone
NAAQS on September 7, 2018. This
infrastructure SIP was approved, with
the exception of CAA section
110(a)(2)(K) and the PSD-related
requirements of CAA sections
110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J), which were conditionally
approved. On December 15, 2020, CT
DEEP submitted SIP revisions to address
the conditional approval. EPA fully
approves the revised infrastructure SIP
for the 2015 ozone NAAQS.
*
*
*
*
*
[FR Doc. 2023–18909 Filed 9–1–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2022–0384; FRL–11035–01–
OCSPP]
Spinetoram; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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*
requests for hearings must be received
on or before November 6, 2023, 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–2022–0384, 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 and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
docket access, visit https://
www.epa.gov/dockets.
ADDRESSES:
Charles Smith, Director, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
This regulation establishes
tolerances for residues of spinetoram in
or on Spice group 26, and Stalk and
stem vegetable subgroup 22A.
Interregional Research Project Number 4
(IR–4) requested these tolerances under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective
September 5, 2023. Objections and
VerDate Sep<11>2014
*
Section
52.370
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 180
SUMMARY:
Federal Register
citation
Date
approved
by EPA
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
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Comments/description
*
*
Revisions made to 22a–174–3a(a)(2)(A)(ii)
through (v), 22a–174–3a(a)(5), 22a–
174–3a(d)(3)(B) and (C), 22a–174–3a(i)
Table 3a(i)–1, 22a–174–3a(i)(2), 22a–
174–3a(j)(1)(B), 22a–174–3a(j)(8)(A),
22a–174–3a(k)(3) and (4), 22a–174–
3a(k)(6)(A), 22a–174–3a(k)(7) Table
3a(k)–1, and 22a–174–3a(l)(1).
*
*
Revisions made to 22a–174–20(gg)(8).
*
*
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).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/
current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), 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–2022–0384 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
November 6, 2023. 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
E:\FR\FM\05SER1.SGM
05SER1
]]>Agencies
[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Rules and Regulations]
[Pages 60591-60594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18909]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0189; FRL-10876-02-R1]
Air Plan Approval; Connecticut; New Source Review Permit Program
State Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Connecticut State Implementation Plan (leSIP)
concerning ruits New Source Review (NSR) permit program. The
Connecticut Department of Energy and Environmental Protection (CT DEEP)
submitted these revisions on December 15, 2020, as well as a
supplemental letter on February 14, 2023. The revised SIP incorporates
various updates to CT DEEP's NSR procedural requirements, substantive
review criteria, provisions related to the control of volatile organic
compounds (VOCs), and clarifying revisions to existing SIP-approved
regulations. EPA is also fully approving the state's infrastructure SIP
for the 2015 National Ambient Air Quality Standards (NAAQS) ozone
standard, which was previously conditionally approved.
DATES: This rule is effective on October 5, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2023-0189. 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: Jessica Kilpatrick, Air Permits,
Toxics,
[[Page 60592]]
and Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square,
APTB05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-918-
0652 Email: [email protected].
SUPPLEMENTARY INFORMATION:
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 April 11, 2023, EPA published a Notice of Proposed Rulemaking
(NPRM) for the State of Connecticut. The NPRM proposed approving CT
DEEP's revised SIP for its NSR permit program at Regulations of
Connecticut State Agencies (RCSA) 22a-174-2a, 22a-174-3a, and 22a-174-
20. The NPRM also proposed to convert a conditional approval to full
approval for the 2015 NAAQS ozone standard infrastructure SIP as it
relates to Clean Air Act (CAA) section 110(a)(2)(K) and for the
Prevention of Significant Deterioration (PSD) requirements of CAA
sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J). CT DEEP
initially submitted a formal SIP revision to EPA on December 15, 2020,
and a supplemental clarification letter was submitted on February 14,
2023. The rationale for EPA's proposed approval of the revised SIP is
explained in the NPRM and will not be restated here. No germane
comments were received regarding the NPRM.
II. Response to Comments
EPA received four comments during the comment period, all of which
were identical and outside the scope of this action. As such, these
comments are nongermane and do not require further response to finalize
the action as proposed. Nevertheless, EPA is including these comments
in the docket for this rule.
III. Final Action
EPA is approving CT DEEP's revised SIP for its NSR permit program
as well as converting a conditional approval to a full approval for
2015 NAAQS ozone standard requirements in the Connecticut
infrastructure SIP. Specifically, EPA is amending 40 CFR part 52,
subpart H--Connecticut to include revisions to RCSA 22a-174-2a
(Procedural Requirements for New Source Review and Title V Permitting),
22a-174-3a (Permit to Construct and Operate Stationary Sources), and
22a-174-20 (Control of Organic Compound Emissions) and is updating the
CAA 110(a)(2) infrastructure requirements. Specifically, EPA is
approving revisions to:
Regulations of Connecticut State Agencies Section 22a-174-
2a ``Procedural Requirements for New Source Review and Title V
Permitting,'' 22a-174-2a(c)(3), 22a-174-2a(d)(9), 22a-174-2a(e)(3)(C),
22a-174-2a(e)(3)(E), 22a-174-2a(e)(7), 22a-174-2a(f)(2), and 22a-174-
2a(f)(2)(G), amended by the State of Connecticut on November 18, 2020;
Regulations of Connecticut State Agencies Section 22a-174-
3a, ``Permit to Construct and Operate Stationary Sources,'' at 22a-174-
3a(a)(2)(A)(ii) through (v), 22a-174-3a(a)(5), 22a-174-3a(d)(3)(B) and
(C), 22a-174-3a(i) Table 3a(i)-1, 22a-174-3a(i)(2), 22a-174-
3a(j)(1)(B), 22a-174-3a(j)(8)(A), 22a-174-3a(k)(3) and (4), 22a-174-
3a(k)(6)(A), 22a-174-3a(k)(7) Table 3a(k)-1, and 22a-174-3a(l)(1),
amended by the State of Connecticut on November 18, 2020; and
Regulations of Connecticut State Agencies Section 22a-174-
20, ``Control of Organic Compound Emissions,'' at 22a-174-20(gg)(8),
amended by the State of Connecticut on November 18, 2020.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the
provisions regulating NSR permitting as described in section III. of
this preamble. These provisions update the CT DEEP's NSR procedural
requirements, add to substantive review criteria for CT DEEP's NSR
permitting process, and revise provisions related to the control of
VOCs. EPA has made, and will continue to make, these documents
generally available through https://www.regulations.gov and at 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 CAA, 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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 CAA.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation,
[[Page 60593]]
and enforcement of environmental laws, regulations, and policies.'' EPA
further defines the term fair treatment to mean that ``no group of
people should bear a disproportionate burden of environmental harms and
risks, including those resulting from the negative environmental
consequences of industrial, governmental, and commercial operations or
programs and policies.''
CT DEEP did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 6, 2023. 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, Administrative
practice and procedure, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: August 28, 2023.
David Cash,
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 paragraph (c)(129) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(129) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 15,
2020, and supplemented on February 14, 2023.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies Section 22a-174-2a
``Procedural Requirements for New Source Review and Title V
Permitting,'' 22a-174-2a(c)(3), 22a-174-2a(d)(9), 22a-174-2a(e)(3)(C),
22a-174-2a(e)(3)(E), 22a-174-2a(e)(7), 22a-174-2a(f)(2), and 22a-174-
2a(f)(2)(G), amended by the State of Connecticut on November 18, 2020.
(B) Regulations of Connecticut State Agencies Section 22a-174-3a,
``Permit to Construct and Operate Stationary Sources,'' at 22a-174-
3a(a)(2)(A)(ii) through (v), 22a-174-3a(a)(5), 22a-174-3a(d)(3)(B) and
(C), 22a-174-3a(i) Table 3a(i)-1, 22a-174-3a(i)(2), 22a-174-
3a(j)(1)(B), 22a-174-3a(j)(8)(A), 22a-174-3a(k)(3) and (4), 22a-174-
3a(k)(6)(A), 22a-174-3a(k)(7) Table 3a(k)-1, and 22a-174-3a(l)(1),
amended by the State of Connecticut on November 18, 2020.
(C) Regulations of Connecticut State Agencies Section 22a-174-20,
``Control of Organic Compound Emissions,'' at 22a-174-20(gg)(8),
amended by the State of Connecticut on November 18, 2020.
(ii) Additional materials.
(A) Letter from CT DEEP submitted to EPA on December 15, 2020,
entitled ``State Implementation Plan Revision Concerning the New Source
Review Permit Program Update.''
(B) Letter from CT DEEP submitted to EPA on February 14, 2023,
entitled ``Re: Supplement to the State Implementation Plan Revision
Concerning the NSR Program Update.''
0
3. Section 52.385 is amended in Table 52.385 by adding:
0
a. A third entry for ``22a-174-2a'' before the entry for ``22a-174-3;
0
b. A sixth entry for ``22a-174-3a'' before the entry for '' 22a-174-
3b''; and
0
c. A fifth entry for '' 22a-174-20'' before the entry ``22a-174-21''.
The additions read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
Table 52.385--EPA-Approved Regulations
----------------------------------------------------------------------------------------------------------------
Dates
------------------------
Connecticut state Title/subject Date Date Federal Register Section Comments/
citation adopted by approved citation 52.370 description
State by EPA
----------------------------------------------------------------------------------------------------------------
* * * * * * *
22a-174-2a.......... Procedural 11/18/20 9/5/23 [INSERT Federal (c)(129) Revisions made
Requirements for Register to 22a-174-
New Source CITATION]. 2a(c)(3), 22a-
Review and Title 174-2a(d)(9),
V Permitting. 22a-174-2a(e)(3
)(C), 22a-174-
2a(e)(3)(E),
22a-174-2a(e)(7
), 22a-174-
2a(f)(2), and
22a-174-2a(f)(2
)(G).
[[Page 60594]]
* * * * * * *
22a-174-3a.......... Permit to 11/18/20 9/5/23 [INSERT Federal (c)(129) Revisions made
Construct and Register to 22a-174-
Operate CITATION]. 3a(a)(2)(A)(ii)
Stationary through (v),
Sources. 22a-174-3a(a)(5
), 22a-174-
3a(d)(3)(B) and
(C), 22a-174-
3a(i) Table
3a(i)-1, 22a-
174-3a(i)(2),
22a-174-3a(j)(1
)(B), 22a-174-
3a(j)(8)(A),
22a-174-3a(k)(3
) and (4), 22a-
174-3a(k)(6)(A)
, 22a-174-
3a(k)(7) Table
3a(k)-1, and
22a-174-3a(l)(1
).
* * * * * * *
22a-174-20.......... Control of 11/18/20 9/5/23 [INSERT Federal (c)(129) Revisions made
Organic Compound Register to 22a-174-
Emissions. CITATION]. 20(gg)(8).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
4. Section 52.386 is amended by revising paragraph (e) to read as
follows:
Sec. 52.386 Section 110(a)(2) infrastructure requirements.
* * * * *
(e) CT DEEP submitted an infrastructure SIP for the 2015 ozone
NAAQS on September 7, 2018. This infrastructure SIP was approved, with
the exception of CAA section 110(a)(2)(K) and the PSD-related
requirements of CAA sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J), which were conditionally approved. On December 15, 2020,
CT DEEP submitted SIP revisions to address the conditional approval.
EPA fully approves the revised infrastructure SIP for the 2015 ozone
NAAQS.
* * * * *
[FR Doc. 2023-18909 Filed 9-1-23; 8:45 am]
BILLING CODE 6560-50-P
