Designations of Areas for Air Quality Planning Purposes; Connecticut; Greater Connecticut 2015 8-Hour Ozone Nonattainment Area; Reclassification to Serious, 60827-60830 [2024-16415]
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Federal Register / Vol. 89, No. 145 / Monday, July 29, 2024 / Rules and Regulations
organizational alignment of the Center
for Innovation for Care and Payment
and to revise the location of the website
where evaluation results are posted for
public review for the pilot programs.
Consequently, this rule is exempt from
the notice-and-comment and delayedeffective-date requirements as a rule of
agency organization, procedure, or
practice pursuant to section 553(b)(A) in
Title 5 of United States Code.
Executive Orders 12866, 13563 and
14094
Executive Order 12866 (Regulatory
Planning and Review) directs agencies
to assess the costs and benefits of
available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 (Executive Order on Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in
Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review),
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). The Office of
Information and Regulatory Affairs has
determined that this rulemaking is not
a significant regulatory action under
Executive Order 12866, as amended by
Executive Order 14094. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
such effect on State, local, and Tribal
governments, or on the private sector.
electronically as an official document of
the Department of Veterans Affairs.
Paperwork Reduction Act
Consuela Benjamin,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Congressional Review Act
Pursuant to Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act) (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not satisfying the criteria under 5
U.S.C. 804(2).
Assistance Listing
The Assistance Listing numbers and
titles for the programs affected by this
document are as follows: 64.007, Blind
Rehabilitation Centers; 64.008, Veterans
Domiciliary Care; 64.009, Veterans
Medical Care Benefits; 64.010, Veterans
Nursing Home Care; 64.011, Veterans
Dental Care; 64.012, Veterans
Prescription Service; 64.013, Veterans
Prosthetic Appliances; 64.014, Veterans
State Domiciliary Care; 64.015, Veterans
State Nursing Home Care; 64.016,
Veterans State Hospital Care; 64.018,
Sharing Specialized Medical Resources;
64.019, Veterans Rehabilitation Alcohol
and Drug Dependence; and 64.022,
Veterans Home Based Primary Care.
List of Subjects in 38 CFR Part 17
For the reasons stated in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 17 as set
forth below:
PART 17—MEDICAL
1. The general authority citation for
part 17 continues to read as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
2. Amend § 17.450 by revising
paragraphs (a)(2) and (g) to read as
follows:
■
§ 17.450 Center for Innovation for Care
and Payment.
(a) * * *
(2) The Center for Innovation for Care
and Payment will operate within the
Veterans Health Administration, which
will ensure that the limited number of
concurrent pilots under this section are
not redundant of or conflicting with
ongoing innovation efforts within any
specific administration.
*
*
*
*
*
(g) Evaluation and reporting. VA will
evaluate each pilot program operated
under this section and report its
findings. Evaluations may be based on
quantitative data, qualitative data, or
both. Whenever appropriate,
evaluations will include a survey of
participants or beneficiaries to
determine their satisfaction with the
pilot program. VA will make the
evaluation results available to the public
on a VA website on the schedule
identified in VA’s proposal for the pilot
program.
*
*
*
*
*
The Regulatory Flexibility Act, 5
U.S.C. 601–612, is not applicable to this
rulemaking because notice of proposed
rulemaking is not required. 5 U.S.C.
601(2), 603(a), 604(a).
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Foreign relations, Government
contracts, Grant programs-health, Grant
programs-veterans, Health care, Health
facilities, Health professions, Health
records, Homeless, Medical and dental
schools, Medical devices, Medical
research, Mental health programs,
Nursing homes, Philippines, Reporting
and recordkeeping requirements,
Scholarships and fellowships, Travel
and transportation expenses, Veterans.
Unfunded Mandates
Signing Authority
40 CFR Part 81
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on July 23, 2024, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
[EPA–R01–OAR–2024–0325; FRL–12126–
01–R1]
Regulatory Flexibility Act
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BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
Designations of Areas for Air Quality
Planning Purposes; Connecticut;
Greater Connecticut 2015 8-Hour
Ozone Nonattainment Area;
Reclassification to Serious
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Federal Register / Vol. 89, No. 145 / Monday, July 29, 2024 / Rules and Regulations
Final rule.
Under the Clean Air Act
(CAA or the ‘‘Act’’), the Environmental
Protection Agency (EPA) is granting a
request from the State of Connecticut to
reclassify the Greater Connecticut ozone
nonattainment area from ‘‘Moderate’’ to
‘‘Serious’’ for the 2015 8-hour ozone
national ambient air quality standards
(NAAQS). This action does not
reclassify any areas of Indian country
within the boundaries of this ozone
nonattainment area.
DATES: This rule is effective on July 29,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2024–0325. 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:
Patrick Lillis, Air and Radiation
Division (Mail Code 5–MI), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109–3912;
tel. (617) 918–1067, or by email at
lillis.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
SUMMARY:
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Table of Contents
I. Reclassification of the Greater Connecticut
Area to Serious Ozone Nonattainment
II. Statutory and Executive Order Reviews
I. Reclassification of the Greater
Connecticut Area to Serious Ozone
Nonattainment
Effective November 7, 2022 the EPA
reclassified the Greater Connecticut area
under the CAA from ‘‘Marginal’’ to
‘‘Moderate’’ for the 2015 8-hour ozone
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NAAQS. See 87 FR 60897 (October 7,
2022).1 This area is herein referred to as
the Greater Connecticut 2015 NAAQS
nonattainment area. Classification of
this area as a Moderate ozone
nonattainment area established a
requirement that the area attain the 2015
ozone NAAQS as expeditiously as
practicable, but no later than six years
from the date of the original designation
for the area, i.e., by August 3, 2024. On
June 13, 2024, the Connecticut
Department of Energy and
Environmental Protection requested that
the EPA reclassify the Greater
Connecticut 2015 ozone NAAQS
nonattainment area from Moderate to
Serious if EPA either fails to issue a
decision on Connecticut’s exceptional
events demonstration in a timely
manner or EPA determines that certain
data requested for exclusion does not
qualify for exclusion under the
Exceptional Events rule.2 In accordance
with Connecticut’s June 13, 2024 letter,
we are reclassifying the Greater
Connecticut 2015 NAAQS
nonattainment area to Serious as the
State requested.
We are approving Connecticut’s
reclassification request under section
181(b)(3) of the Act, which provides for
‘‘voluntary reclassification.’’ Because
the plain language of CAA section
181(b)(3) mandates that we approve
such a request, the EPA is granting
Connecticut’s request for voluntary
reclassification under section 181(b)(3)
for the Greater Connecticut NAAQS
nonattainment area for the 2015 ozone
NAAQS, and the EPA is reclassifying
the area from Moderate to Serious.
Because of this action, the Greater
Connecticut 2015 NAAQS
nonattainment area must now attain the
2015 ozone NAAQS as expeditiously as
practicable, but no later than nine years
from the date of the initial designation
as nonattainment, i.e., by August 3,
2027. We will propose a schedule for
required plan submittals for the Greater
Connecticut 2015 ozone NAAQS
nonattainment area under the new
classification in a separate action.
Within the geographic boundaries of
the Greater Connecticut 2015 ozone
NAAQS nonattainment area Indian
country exists under the jurisdiction of
the Mashantucket Pequot Tribal Nation
and Mohegan Indian Tribe. Because the
State of Connecticut does not have
jurisdiction over Indian country located
within its borders, Connecticut’s request
to reclassify the Greater Connecticut
83 FR 25776; June 4, 2018.
copy of Connecticut’s exceptional events
demonstration and EPA’s decision is included in
the docket for this rule.
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1 See
2A
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2015 NAAQS nonattainment area does
not apply to this area of Indian country.
The EPA implements certain Federal
CAA programs, including
reclassifications, in Indian country
consistent with our discretionary
authority under sections 301(a) and
301(d)(4) of the CAA. The EPA has not
received a reclassification request from
any tribe with jurisdiction within the
Greater Connecticut 2015 NAAQS
nonattainment area. In this action, we
are adding regulatory text to 40 CFR part
81 to indicate that the area under the
jurisdiction of the Mashantucket Pequot
Tribal Nation and Mohegan Indian Tribe
will retain the Moderate classification
and the areas under the jurisdiction of
the states will be reclassified as Serious.
The EPA has determined that this
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
‘‘impracticable, unnecessary or contrary
to the public interest.’’ The EPA has
determined that public notice and
comment for this action is unnecessary
because our action to approve voluntary
reclassification requests under CAA
section 181(b)(3) is nondiscretionary
both in its issuance and in its content.
As such, notice and comment
rulemaking procedures would serve no
useful purpose.
The EPA also finds that there is good
cause under APA section 553(d)(3) for
this reclassification to become effective
on the date of publication. Section
553(d)(3) of the APA allows an effective
date of less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ The purpose
of the 30-day waiting period prescribed
in APA section 553(d)(3) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect. The
schedule for required plan submittals
for the Greater Connecticut 2015
NAAQS nonattainment area under the
new classification will be proposed in a
separate action. For this reason, the EPA
finds good cause under APA section
553(d)(3) for this reclassification to
become effective on the date of
publication.
II. Statutory and Executive Order
Reviews
Under the Clean Air Act this action:
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Federal Register / Vol. 89, No. 145 / Monday, July 29, 2024 / Rules and Regulations
• 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 Clean Air Act.
In addition, this request 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,
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. Connecticut did not evaluate
environmental justice considerations as
part of its 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 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 September 27,
2024. 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 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone.
Dated: July 22, 2024.
David Cash,
Regional Administrator, EPA Region 1.
For the reasons set out in the
preamble, the Environmental Protection
Agency amends 40 CFR Chapter 1 as set
forth below:
PART 81—DESIGNATION FOR AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart C—Section 107 Attainment
Status Designations
2. In § 81.307 the table entitled
‘‘Connecticut—2015 8-Hour Ozone
NAAQS [Primary and Secondary]’’ is
amended by revising the entry ‘‘Greater
Connecticut, CT’’ and adding the entries
‘‘Mashantucket Pequot Tribal Nation’’
and ‘‘Mohegan Indian Tribe’’ at the end
of the table to read as follows:
■
§ 81.307
*
*
Connecticut.
*
*
*
CONNECTICUT—2015 8-HOUR OZONE NAAQS
[Primary and secondary]
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Designation
Classification
Designated area 1
Greater Connecticut ........................................................................
Litchfield County.
Hartford County.
Tolland County.
Windham County.
New London County.
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Date 2
Type
Date 2
........................
Nonattainment .......
July 29, 2024 .........
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Type
Serious.
60830
Federal Register / Vol. 89, No. 145 / Monday, July 29, 2024 / Rules and Regulations
CONNECTICUT—2015 8-HOUR OZONE NAAQS—Continued
[Primary and secondary]
Designation
Classification
Designated area 1
*
*
*
Mashantucket Pequot Tribal Nation ...............................................
Mohegan Indian Tribe .....................................................................
Date 2
Type
Date 2
*
........................
........................
*
Nonattainment .......
Nonattainment .......
*
August 3, 2018 ......
August 3, 2018 ......
Type
*
Moderate.
Moderate.
1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
*
*
*
*
1. The authority citation for 48 CFR
parts 201, 202, 204, 206, 209, 215, 217,
225, 230, 232, 242, 243, 245, 249, and
252 continues to read as follows:
■
[FR Doc. 2024–16415 Filed 7–26–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
Defense Acquisition Regulations
System
PART 201—FEDERAL ACQUISITION
REGULATIONS SYSTEM
48 CFR Parts 201, 202, 204, 206, 209,
215, 217, 225, 230, 232, 242, 243, 245,
249, and 252
■
[Docket DARS–2024–0001]
201.170
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; technical
amendment.
AGENCY:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to make needed
editorial changes.
DATES: Effective July 29, 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, telephone 703–
717–8226.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS to make needed
editorial changes to update the name of
the Office of the Principal Director,
Defense Pricing and Contracting.
SUMMARY:
List of Subjects in 48 CFR Parts 201,
202, 204, 206, 209, 215, 217, 225, 230,
232, 242, 243, 245, 249, and 252
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Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, the Defense Acquisition
Regulations System amends 48 CFR
parts 201, 202, 204, 206, 209, 215, 217,
225, 230, 232, 242, 243, 245, 249, and
252 as follows:
VerDate Sep<11>2014
16:45 Jul 26, 2024
2. Amend section 201.170 by revising
paragraphs (a) introductory text, (a)(1)
introductory text, (a)(1)(i) and (ii), and
(a)(2) to read as follows:
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Peer reviews.
(a) Defense Pricing, Contracting, and
Acquisition Policy peer reviews. (1) The
Office of the Principal Director, Defense
Pricing, Contracting, and Acquisition
Policy (DPCAP), using the procedures at
PGI 201.170, will organize teams of
reviewers and facilitate peer reviews for
solicitations and contracts as follows:
(i) DPCAP will conduct the preaward
peer reviews for competitive
procurements prior to the three phases
of the acquisition (see PGI 201.170–2(a))
for all procurements with an estimated
value of $1 billion or more under major
defense acquisition programs for which
the Under Secretary of Defense for
Acquisition and Sustainment
(USD(A&S)) is the milestone decision
authority or USD(A&S) designates as
requiring a peer review regardless of
value. DoD components may request
DPCAP-led peer reviews for acquisitions
valued below the $1 billion threshold.
DPCAP will conduct these reviews upon
approval by the Director, DPCAP
(Contract Policy).
(ii) DPCAP will conduct the preaward
peer reviews for noncompetitive
procurements prior to the two phases of
the acquisition (see PGI 201.170–2(b))
for contract actions, e.g., new contracts,
modifications to existing contracts,
requests for equitable adjustment,
claims valued at $1 billion or more, or
for any other contract action USD(A&S)
designates as requiring a peer review
regardless of value. DoD components
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may request DPCAP-led peer reviews for
contract actions valued below the $1
billion threshold. DPCAP will conduct
these reviews upon approval by the
Director, DPCAP (Price, Cost and
Finance).
*
*
*
*
*
(2) To facilitate planning for peer
reviews, the military departments and
defense agencies shall provide a rolling
annual forecast of acquisitions that will
be subject to DPCAP peer reviews at the
end of each quarter (i.e., March 31; June
30; September 30; December 31).
(i) Military departments and defense
agencies shall submit quarterly forecasts
for competitive peer reviews to the
Director, DPCAP (Contract Policy), at
osd.pentagon.ousd-a-s.mbx.dpc-cp@
mail.mil.
(ii) Military departments and defense
agencies shall submit quarterly forecasts
for noncompetitive peer reviews to the
Director, DPCAP (Price, Cost and
Finance), at osd.pentagon.ousd-as.mbx.dpc-pcf@mail.mil.
*
*
*
*
*
201.201–1
[Amended]
3. Amend section 201.201–1 in
paragraph (d)(i)V by removing ‘‘Defense
Pricing and Contracting’’ and adding
‘‘Defense Pricing, Contracting, and
Acquisition Policy’’ in its place.
■
201.304
[Amended]
4. Amend section 201.304—
a. In paragraph (1)(ii) by removing
‘‘Defense Pricing and Contracting
(DPC)’’ and adding ‘‘Defense Pricing,
Contracting, and Acquisition Policy
(DPCAP)’’ in its place;
■ b. In paragraph (4) by removing
‘‘USD(A&S)DPC’’ and adding
‘‘USD(A&S)DPCAP’’ in its place;
■ c. In paragraph (5) by removing
‘‘OUSD(A&S)DPC’’ and adding
‘‘OUSD(A&S)DPCAP’’ in its place; and
■ d. In paragraph (6) by removing
‘‘DPC’’ and adding ‘‘DPCAP’’ in its place
wherever it appears.
■ 5. Amend section 201.402—
■
■
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]]>Agencies
[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Rules and Regulations]
[Pages 60827-60830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16415]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R01-OAR-2024-0325; FRL-12126-01-R1]
Designations of Areas for Air Quality Planning Purposes;
Connecticut; Greater Connecticut 2015 8-Hour Ozone Nonattainment Area;
Reclassification to Serious
AGENCY: Environmental Protection Agency (EPA).
[[Page 60828]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act (CAA or the ``Act''), the
Environmental Protection Agency (EPA) is granting a request from the
State of Connecticut to reclassify the Greater Connecticut ozone
nonattainment area from ``Moderate'' to ``Serious'' for the 2015 8-hour
ozone national ambient air quality standards (NAAQS). This action does
not reclassify any areas of Indian country within the boundaries of
this ozone nonattainment area.
DATES: This rule is effective on July 29, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2024-0325. 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: Patrick Lillis, Air and Radiation
Division (Mail Code 5-MI), U.S. Environmental Protection Agency, Region
1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912;
tel. (617) 918-1067, or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Reclassification of the Greater Connecticut Area to Serious Ozone
Nonattainment
II. Statutory and Executive Order Reviews
I. Reclassification of the Greater Connecticut Area to Serious Ozone
Nonattainment
Effective November 7, 2022 the EPA reclassified the Greater
Connecticut area under the CAA from ``Marginal'' to ``Moderate'' for
the 2015 8-hour ozone NAAQS. See 87 FR 60897 (October 7, 2022).\1\ This
area is herein referred to as the Greater Connecticut 2015 NAAQS
nonattainment area. Classification of this area as a Moderate ozone
nonattainment area established a requirement that the area attain the
2015 ozone NAAQS as expeditiously as practicable, but no later than six
years from the date of the original designation for the area, i.e., by
August 3, 2024. On June 13, 2024, the Connecticut Department of Energy
and Environmental Protection requested that the EPA reclassify the
Greater Connecticut 2015 ozone NAAQS nonattainment area from Moderate
to Serious if EPA either fails to issue a decision on Connecticut's
exceptional events demonstration in a timely manner or EPA determines
that certain data requested for exclusion does not qualify for
exclusion under the Exceptional Events rule.\2\ In accordance with
Connecticut's June 13, 2024 letter, we are reclassifying the Greater
Connecticut 2015 NAAQS nonattainment area to Serious as the State
requested.
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\1\ See 83 FR 25776; June 4, 2018.
\2\ A copy of Connecticut's exceptional events demonstration and
EPA's decision is included in the docket for this rule.
---------------------------------------------------------------------------
We are approving Connecticut's reclassification request under
section 181(b)(3) of the Act, which provides for ``voluntary
reclassification.'' Because the plain language of CAA section 181(b)(3)
mandates that we approve such a request, the EPA is granting
Connecticut's request for voluntary reclassification under section
181(b)(3) for the Greater Connecticut NAAQS nonattainment area for the
2015 ozone NAAQS, and the EPA is reclassifying the area from Moderate
to Serious. Because of this action, the Greater Connecticut 2015 NAAQS
nonattainment area must now attain the 2015 ozone NAAQS as
expeditiously as practicable, but no later than nine years from the
date of the initial designation as nonattainment, i.e., by August 3,
2027. We will propose a schedule for required plan submittals for the
Greater Connecticut 2015 ozone NAAQS nonattainment area under the new
classification in a separate action.
Within the geographic boundaries of the Greater Connecticut 2015
ozone NAAQS nonattainment area Indian country exists under the
jurisdiction of the Mashantucket Pequot Tribal Nation and Mohegan
Indian Tribe. Because the State of Connecticut does not have
jurisdiction over Indian country located within its borders,
Connecticut's request to reclassify the Greater Connecticut 2015 NAAQS
nonattainment area does not apply to this area of Indian country. The
EPA implements certain Federal CAA programs, including
reclassifications, in Indian country consistent with our discretionary
authority under sections 301(a) and 301(d)(4) of the CAA. The EPA has
not received a reclassification request from any tribe with
jurisdiction within the Greater Connecticut 2015 NAAQS nonattainment
area. In this action, we are adding regulatory text to 40 CFR part 81
to indicate that the area under the jurisdiction of the Mashantucket
Pequot Tribal Nation and Mohegan Indian Tribe will retain the Moderate
classification and the areas under the jurisdiction of the states will
be reclassified as Serious.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are ``impracticable, unnecessary or contrary to the
public interest.'' The EPA has determined that public notice and
comment for this action is unnecessary because our action to approve
voluntary reclassification requests under CAA section 181(b)(3) is
nondiscretionary both in its issuance and in its content. As such,
notice and comment rulemaking procedures would serve no useful purpose.
The EPA also finds that there is good cause under APA section
553(d)(3) for this reclassification to become effective on the date of
publication. Section 553(d)(3) of the APA allows an effective date of
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in APA section 553(d)(3) is to
give affected parties a reasonable time to adjust their behavior and
prepare before the final rule takes effect. This rule, however, does
not create any new regulatory requirements such that affected parties
would need time to prepare before the rule takes effect. The schedule
for required plan submittals for the Greater Connecticut 2015 NAAQS
nonattainment area under the new classification will be proposed in a
separate action. For this reason, the EPA finds good cause under APA
section 553(d)(3) for this reclassification to become effective on the
date of publication.
II. Statutory and Executive Order Reviews
Under the Clean Air Act this action:
[[Page 60829]]
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 Clean Air Act.
In addition, this request 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, 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. Connecticut did not
evaluate environmental justice considerations as part of its 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 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 September 27, 2024. 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 81
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone.
Dated: July 22, 2024.
David Cash,
Regional Administrator, EPA Region 1.
For the reasons set out in the preamble, the Environmental
Protection Agency amends 40 CFR Chapter 1 as set forth below:
PART 81--DESIGNATION FOR AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. In Sec. 81.307 the table entitled ``Connecticut--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' is amended by revising the entry
``Greater Connecticut, CT'' and adding the entries ``Mashantucket
Pequot Tribal Nation'' and ``Mohegan Indian Tribe'' at the end of the
table to read as follows:
Sec. 81.307 Connecticut.
* * * * *
Connecticut--2015 8-Hour Ozone NAAQS
[Primary and secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ --------------------------------------------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Greater Connecticut................ ......................... Nonattainment................. July 29, 2024................. Serious.
Litchfield County.
Hartford County.
Tolland County.
Windham County.
New London County.
[[Page 60830]]
* * * * * * *
Mashantucket Pequot Tribal Nation.. ......................... Nonattainment................. August 3, 2018................ Moderate.
Mohegan Indian Tribe............... ......................... Nonattainment................. August 3, 2018................ Moderate.
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2024-16415 Filed 7-26-24; 8:45 am]
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