
[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Proposed Rules]
[Pages 27161-27165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10929]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0117; A-1-FRL-9810-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Ozone Attainment Demonstrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the ozone attainment 
demonstrations (including the reasonably available control measures 
(RACM) analyses) submitted by Connecticut as a State Implementation 
Plan (SIP) revision on February 1, 2008 to meet Clean Air Act 
requirements for attaining the 1997 8-hour ozone national ambient air 
quality standard. EPA is proposing to approve Connecticut's 
demonstrations of attainment of the 1997 8-hour ozone standard for 
Connecticut's portion of the New York-Northern New Jersey-Long Island, 
NY-NJ-CT 1997 moderate ozone nonattainment area and for the Greater 
Connecticut moderate ozone nonattainment area. EPA is also proposing to 
approve the RACM analyses for these same areas.

DATES: Written comments must be received on or before June 10, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2008-0117 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0117,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), 
Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries 
are only accepted during the Regional Office's normal hours of 
operation. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2008-0117. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an

[[Page 27162]]

``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 either electronically in www.regulations.gov or 
in hard copy at Air Quality Planning Unit, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, 11th floor, (CAQ), Boston, MA 
02114-2023. EPA requests that if at all possible, you contact the 
person 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 to 4:30, excluding legal 
holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency: the Bureau of Air Management, Department of Energy 
and Environmental Protection, State Office Building, 79 Elm Street, 
Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, email 
Burkhart.Richard@epa.gov.

SUPPLEMENTARY INFORMATION:  Throughout this document, wherever 
``Agency,'' ``we,'' ``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What Actions is EPA Proposing?
II. What is the Background for EPA's Proposed Actions?
    A. History of Connecticut's Ozone Attainment Demonstrations
    B. Moderate Nonattainment Area Requirements
    C. Why is EPA Proposing these Actions?
III. What was included in Connecticut's SIP Submittal?
IV. What is EPA's Basis for Proposing to Approve the Attainment 
Demonstrations?
    A. Adequacy of Control Strategy
B. Components of the Modeled Attainment Demonstrations
    C. Air Quality Data
    D. EPA's Evaluation
V. Proposed Actions
VI. Statutory and Executive Order Reviews

I. What actions is EPA proposing?

    EPA is proposing to approve Connecticut's February 1, 2008 SIP 
revision which demonstrates attainment of the 1997 8-hour ozone 
national ambient air quality standard (NAAQS or standard) \1\ for 
Connecticut's portion of the New York-Northern New Jersey-Long Island, 
NY-NJ-CT moderate ozone nonattainment area (also called the New York 
City area) and for the Greater Connecticut moderate ozone nonattainment 
area. EPA is also proposing to approve the associated RACM analyses for 
these same areas. The EPA is proposing to approve Connecticut's 1997 8-
hour ozone attainment demonstrations and RACM analyses, because the EPA 
has determined that both the New York City and Greater Connecticut 
moderate ozone nonattainment areas attained the 1997 8-hour ozone NAAQS 
by their attainment deadline.
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    \1\ Unless otherwise specifically noted in this action, 
references to the 8-hour ozone standard are to the 0.08 parts per 
million (ppm) ozone standard promulgated in 1997.
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II. What is the background for EPA's proposed actions?

A. History of Connecticut Ozone Attainment Demonstrations.

    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 ppm averaged over an 8-hour time frame. EPA set the 8-hour 
ozone standard based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower ozone concentrations and over 
longer periods of time than was understood when the pre-existing 1-hour 
ozone standard was set. EPA determined that the 8-hour standard would 
be more protective of human health, especially with regard to children 
and adults who are active outdoors, and individuals with a pre-existing 
respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23858), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. Among those nonattainment areas is the New York City area. The 
New York City moderate ozone nonattainment area is composed of: Bergen, 
Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, 
Somerset, Sussex, Union, and Warren Counties in New Jersey; Bronx, 
Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and 
Westchester Counties in New York; and Fairfield, Middlesex, and New 
Haven Counties in Connecticut. See 40 CFR 81.307, 81.331, and 81.333. 
In addition, the remaining five counties in Connecticut were also 
designated nonattainment, as the Greater Connecticut moderate ozone 
nonattainment area. See 40 CFR 81.307.
    Also, on April 30, 2004 (69 FR 23951), EPA promulgated the Phase 1 
8-hour ozone implementation rule which provided how areas designated 
nonattainment for the 1997 8-hour ozone standard would be classified. 
These designations triggered the Clean Air Act (CAA or Act) 
requirements under section 182(b) for moderate nonattainment areas, 
including a requirement to submit an attainment demonstration. EPA's 
Phase 2 8-hour ozone implementation rule, published on November 29, 
2005 (70 FR 71612) (Phase 2 Rule) specifies that states must submit 
attainment demonstrations for their nonattainment areas to the EPA by 
no later than three years from the effective date of designation, that 
is, by June 15, 2007. 40 CFR 51.908(a).
    Although the focus of this proposed action is on attainment 
demonstrations and RACM analyses for the 1997 8-hour ozone standard, we 
note that EPA has subsequently revised the ozone standard. On March 12, 
2008, EPA revised both the primary and secondary NAAQS for ozone to a 
level of 0.075 ppm (annual fourth-highest daily maximum 8-hour average 
concentration, averaged over 3 years) to provide increased protection 
of public health

[[Page 27163]]

and the environment.\2\ The 2008 ozone NAAQS retain the same general 
form and averaging time as the 0.08 ppm NAAQS set in 1997, but are set 
at a more protective level. State emission reduction efforts already 
underway to meet the 1997 8-hour ozone standard will continue with 
implementation of the 2008 ozone NAAQS.
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    \2\ See 73 FR 16436; March 27, 2008. For a detailed explanation 
of the calculation of the 3-year 8-hour average, see 40 CFR part 50, 
Appendix I.
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B. Moderate Nonattainment Area Requirements.

    EPA's November 29, 2005 Phase 2 ozone implementation rule 
addresses, among other things, the control obligations that apply to 
areas designated nonattainment for the 1997 8-hour NAAQS. The Phase 1 
and Phase 2 ozone implementation rules outline the SIP requirements and 
deadlines for various requirements in areas designated as moderate 
nonattainment. For such areas, modeling and attainment demonstrations 
with projection year emission inventories were due by June 15, 2007, 
along with reasonable further progress (RFP) plans, RACM, motor vehicle 
emissions budgets and contingency measures (40 CFR 51.908(a) and (c), 
51.910, 51.912). In addition, moderate nonattainment areas were also 
required to submit a reasonably available control technology (RACT) 
SIP. This action addresses Connecticut's demonstrations of attainment 
of the 1997 8-hour ozone standard, and the RACM analyses. Moderate 
nonattainment areas are required to attain the 1997 8-hour ozone NAAQS 
by no later than six years after designation, or June 15, 2010. See 40 
CFR 51.903. In order to demonstrate attainment by June 2010, the area 
must adopt and implement all controls necessary for attainment by the 
beginning of the 2009 ozone season and demonstrate that the level of 
the standard will be met during the 2009 ozone season.

C. Why is EPA proposing these actions?

    On August 31, 2010 (75 FR 53219), EPA made a determination that the 
Greater Connecticut area had attained the 1997 8-hour ozone NAAQS. 
Similarly, on June 18, 2012 (77 FR 36163), EPA made a determination 
that the New York City area had attained the 1997 8-hour ozone NAAQS. 
Pursuant to 40 CFR 51.918, these ``clean data'' determinations suspend 
the requirements for various SIP items, including, the requirement to 
submit an attainment demonstration, an RFP plan, and section 172(c)(9) 
contingency measures for the eight-hour ozone NAAQS for so long as an 
area continues to attain the ozone NAAQS. However, section 110(k)(2) of 
the CAA requires EPA to take action on any administratively complete 
SIP revision submittal within 12 months of the SIP being deemed 
complete. Therefore, while the clean data determinations suspend the 
state's obligation to submit the attainment demonstration SIP revision, 
the determinations do not suspend EPA's obligation to take action on 
the SIP revision if it has been submitted by the state and deemed to be 
complete. This proposed rulemaking is intended to address EPA's 
obligations on Connecticut's February 1, 2008 SIP revision.

III. What was included in Connecticut's SIP submittal?

    After completing the appropriate public notice and comment 
procedures, Connecticut made a series of submittals in order to address 
the Act's 1997 8-hour ozone nonattainment requirements.
    On December 8, 2006, Connecticut submitted its state-wide 8-hour 
ozone RACT SIP, for both volatile organic compounds and oxides of 
nitrogen, which included a determination that many of the RACT rules 
currently contained in its SIP meet the RACT obligation for the 8-hour 
standard and also included commitments to adopt revisions to several 
regulations where the State identified more stringent emission 
limitations that it believed should now be considered RACT.
    On February 1, 2008, Connecticut submitted a SIP that included 
ozone attainment demonstrations for the 1997 8-hour ozone standard, RFP 
plans, motor vehicle emissions budgets, contingency measures and RACM 
analyses for the Connecticut portion of the New York City area and the 
Greater Connecticut area. Connecticut's attainment demonstrations and 
RACM analyses are the only subjects of this proposed rulemaking.
    On August 22, 2012 (77 FR 50595), EPA approved Connecticut's RFP 
plans for the Connecticut portion of the New York City area and the 
Greater Connecticut area. In that same notice, EPA also approved the 
contingency measures, the 2002 base year inventory, and the Motor 
Vehicle Emissions Budgets for 2008, associated with the reasonable 
further progress plans for both these areas.

IV. What is EPA's basis for approving the attainment demonstrations?

A. Adequacy of Control Strategy

    Sections 172 and 182 of the Act require Connecticut to revise its 
SIP to meet various requirements applicable to nonattainment areas. 
Connecticut has submitted all required SIP revisions to address the 
control requirements under the 1997 8-hour ozone standard.
    As noted earlier, EPA has already approved Connecticut's RFP plans 
for both nonattainment areas (77 FR 50595). Note that New Jersey and 
New York also have fully implemented RFP plans for the New York City 
area.\3\ All three state's RFP plans contained corresponding emission 
control measures, and the three states also developed and adopted 
additional control measures to ensure attainment of the ozone standard 
by the attainment date. All of the control measures that are contained 
in the RFP plans were submitted as SIP revisions and approved by EPA. 
Therefore, Connecticut's demonstrations of attainment for the New York 
City and Greater Connecticut areas are approvable because Connecticut 
adopted the necessary ozone precursor control measures in its ozone 
plans.
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    \3\ For further information on these plans, see 76 FR 51264 for 
New York and 74 FR 22837 for New Jersey.
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    As discussed above, EPA has already approved most of Connecticut's 
SIP revisions or analyses under these requirements. In this action, EPA 
is also proposing to approve Connecticut's RACM analyses. Furthermore, 
the final approval of Connecticut's December 8, 2006 RACT SIP was 
signed by the Regional Administrator on March 22, 2013 and forwarded 
for publication in the Federal Register. A copy of the signed approval 
is available in the docket for this action. Also, Connecticut submitted 
two additional control measures to EPA as SIP revisions from which 
reductions are assumed in Connecticut's attainment demonstrations. 
These measures are: VOC content limits for consumer products 
(Regulations of Connecticut State Agencies (RCSA) section 22a-174-40) 
and restrictions on the manufacture and use of adhesives and sealants 
(RCSA section 22a-174-44). EPA will take final action on these two 
regulations prior to finalizing action on today's proposal.
    Finally, it should be noted that Connecticut's attainment 
demonstrations also include discussion of an anticipated measure, 
NOX reductions from industrial, commercial

[[Page 27164]]

and institutional (ICI) boilers that has not been adopted. However, on 
April 2, 2013, the Connecticut Department of Energy and Environmental 
Protection (CT DEEP) submitted a letter withdrawing this anticipated 
measure from its ozone attainment demonstrations submittal. CT DEEP 
noted in its withdrawal letter, that EPA has issued final 
determinations that both the Greater Connecticut and New York City 
areas have attained the 1997 8-hour ozone standard. Therefore, CT DEEP 
indicated that it now believes that the ICI boilers measure is not 
necessary for purposes of attainment of the 1997 8-hour ozone standard. 
We concur that the ICI boilers measure is not necessary for 
Connecticut's attainment demonstrations, for the following reasons. 
According to Connecticut's 2008 submission, in 2012, the ICI boiler 
regulation was projected to reduce NOX emissions by 1.7 tons 
summer per day (TPSD) in the Connecticut portion of the New York City 
nonattainment area.\4\ The total NOX emissions projected for 
2012 for the Connecticut portion of the New York City nonattainment 
area are 110.6 TPSD.\5\ Moreover, the total projected NOX 
emissions for 2012 for the entire three-state New York City 
nonattainment area exceeded 900 TPSD.\6\ Comparing the projected 
reductions from the ICI boiler rule to the projected total 
NOX emissions across all sectors, the potential 
NOX reductions from Connecticut ICI boilers were only 
projected to equal 1.54% of the total Connecticut NOX 
emissions for the area in 2012, and less than 0.2% of the total 
NOX emissions for the entire nonattainment area. Since the 
ICI boiler rule would have resulted in a very small percent reduction 
in NOX emissions, as compared to the total, the fact that 
Connecticut did not enact the rule does not call into question the 
adequacy of its SIP as a whole.
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    \4\ The reductions were projected as 0.9 tons per day from area 
sources, and 0.8 tons per day from point sources. See Attachment F 
(``Revision to Connecticut's State Implementation Plan, 8-Hour Ozone 
Attainment Demonstration Technical Support Document, Appendices''), 
Appendix 4E (unnumbered last page labeled ``Emission Reductions from 
ICI Boiler Control Strategy'').
    \5\ See Attachment D (``Revision to Connecticut's State 
Implementation Plan, 8-Hour Ozone Attainment Demonstration Technical 
Support''), Table 4.4.2, at 4-32.
    \6\ For the New York portion of the New York City nonattainment 
area, the projected 2012 NOX emissions are 544.9 TPSD. 
New Jersey did not project 2012 emissions, but projected total 
NOX emissions for 2009 of 326.5 TPSD. Using the 
simplifying assumption that New Jersey's 2012 emissions would be at 
most equal to its 2009 emissions despite continued application of 
emissions controls, the projected total NOX emissions for 
the New York City area can therefore be estimated as 982 TPSD (110.6 
from Connecticut, 544.9 from New York, and 326.5 from New Jersey).
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    EPA's approval of these SIP revisions, in combination with this 
proposed approval of the attainment demonstrations and RACM analyses 
for the 1997 8-hour ozone standard, will serve to completely address 
Connecticut's requirements under the 1997 8-hour ozone standard for the 
Connecticut portion of the New York City area and for the Greater 
Connecticut area.

B. Components of the Modeled Attainment Demonstrations

    Section 110(a)(2)(k) of the Act requires states to prepare air 
quality modeling to demonstrate how they will meet ambient air quality 
standards. The SIP must demonstrate that the ``measures, rules, and 
regulations contained in it are adequate to provide for the timely 
attainment and maintenance of the national standard.'' 40 CFR 
51.112(a). EPA determined that states must use photochemical grid 
modeling, or any other analytical method determined by the 
Administrator to be at least as effective, to demonstrate attainment of 
the ozone health-based standard in areas classified as ``moderate'' or 
above, and to do so by the required attainment date. See 40 CFR 
51.908(c). EPA requires an attainment demonstration, showing that 
attainment will occur by the attainment deadline, which for the New 
York City and Greater Connecticut areas was the end of the 2009 ozone 
season, using air quality modeling that meets EPA's guidelines. The 
model analysis can be supplemented by a ``weight of evidence'' analysis 
in which the State can use a variety of information to enhance the 
conclusions reached by the photochemical model analysis. In the case of 
the Connecticut areas, the weight of evidence also included additional 
emission reductions not included in the model inventory, such as the 
high electric demand day reductions, and energy efficiency reductions. 
EPA has determined that the photochemical grid modeling conducted by 
the state is consistent with EPA's guidelines and the model performed 
acceptably. See 40 CFR 51.908(c).

C. Air Quality Data

    With respect to the Greater Connecticut area, EPA has evaluated the 
ambient air quality monitoring data and has determined that this area 
attained the 8-hour ozone standard by the required attainment date. On 
August 31, 2010 (75 FR 53219), EPA made a determination that the 
Greater Connecticut area had attained the 1997 8-hour ozone NAAQS. This 
determination was based upon complete, quality assured and certified 
ambient air monitoring data that showed the Greater Connecticut area 
had monitored attainment of the 1997 8-hour ozone NAAQS for the 2007-
2009 monitoring period. Ambient air monitoring data for the 2008-2010 
and 2009-2011 monitoring periods is also consistent with continued 
attainment. In addition, in this same rulemaking, pursuant to section 
181(b)(2)(A) of the CAA, EPA made a determination of attainment that 
the Greater Connecticut area had attained the 1997 8-hour ozone NAAQS 
by its attainment date of June 15, 2010.
    With respect to the New York City area, EPA has evaluated the 
ambient air quality monitoring data and has determined that this area 
attained the 8-hour ozone standard by the required attainment date. On 
June 18, 2012 (77 FR 36163), EPA made a determination that the New York 
City area had attained the 1997 8-hour ozone NAAQS. This determination 
was based upon complete, quality assured and certified ambient air 
monitoring data that showed the New York City area had monitored 
attainment of the 1997 8-hour ozone NAAQS for the 2007-2009 and 2008-
2010 monitoring periods. Ambient air monitoring data for the 2009-2011 
monitoring period is also consistent with continued attainment. In 
addition, in this same rulemaking, pursuant to section 181(b)(2)(A) of 
the CAA, EPA made a determination of attainment that the New York City 
area had attained the 1997 8-hour ozone NAAQS by its attainment date of 
June 15, 2010. Copies of the August 21, 2010 and June 18, 2012 
rulemakings are included in the Docket (EPA-R01-OAR-2008-0117) and 
available at www.regulations.gov. The reader is referred to these 
rulemakings for additional information regarding all of the complete, 
quality-assured and certified ozone monitoring data which served as the 
basis for these determinations.
    EPA is aware that preliminary ambient air quality monitoring data 
for 2012 may indicate that the New York City area \7\ has ozone air 
quality above the 1997 8-hour ozone NAAQS. However, 2012 monitoring 
data are not relevant to this particular action. This document proposes 
to approve Connecticut's demonstration of how it planned to attain the 
1997 8-hour ozone

[[Page 27165]]

standard by the June 15, 2010 attainment date. As explained above, 
Connecticut's control strategy meets applicable EPA requirements, 
Connecticut's photochemical grid modeling demonstrated that it would 
attain the standard by the attainment date, and, based on monitored 
ozone data the New York City area attained the standard by the 
attainment date.
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    \7\ Note this situation only applies to the New York City area. 
Preliminary ozone data for 2012 for the Greater Connecticut area 
indicates continued attainment of the 1997 8-hour ozone standard.
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    With respect to post-attainment date air quality data, EPA has a 
continuing obligation to review the air quality data each year, to 
determine whether areas are meeting the NAAQS, and EPA will continue to 
conduct such review in the future after the data are complete, quality-
assured, certified and submitted to EPA.

D. EPA's Evaluation

    In summary, the photochemical grid modeling used by Connecticut in 
its February 1, 2008 SIP submittal meets EPA's guidelines and is 
acceptable to EPA. Air quality data through 2011 supports the 
conclusion that the New York City and Greater Connecticut areas did 
demonstrate attainment of the 8-hour ozone standard by their attainment 
date. The purpose of the attainment demonstration is to demonstrate 
how, through enforceable and approvable emission reductions, an area 
will meet the standard by the attainment date. All necessary ozone 
control measures have already been adopted, submitted, approved \8\ and 
implemented. Based on (1) The state following EPA's modeling guidance, 
(2) the air quality data through 2011, (3) the areas attaining the 
standard by the attainment date, and (4) the implemented SIP-approved 
control measures, EPA is proposing to approve the Connecticut ozone 
attainment demonstrations, including the RACM analyses for the Greater 
Connecticut area and for the Connecticut portion of the New York City 
area. For similar information about the New Jersey and New York 
portions of the New York City area, the reader is referred to EPA's 
approval of the New Jersey and New York ozone attainment demonstrations 
published on February 11, 2013 (78 FR 9596).
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    \8\ As noted above, all necessary measures have been approved 
with the exception of RCSA sections 22a-174-40 and 22a-174-44. EPA 
will take final action on these two regulations prior to finalizing 
today's proposal.
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    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to the EPA 
New England Regional Office listed in the ADDRESSES section of this 
Federal Register.

V. Proposed Actions

    EPA is proposing to approve the Connecticut ozone attainment 
demonstrations, including the RACM analyses, for both the Connecticut 
portion of the New York City moderate ozone nonattainment area and for 
the Greater Connecticut moderate ozone nonattainment area. EPA has 
evaluated Connecticut's submittal for consistency with the Act, EPA 
regulations, and EPA policy, and has considered all other information 
it deems relevant to attainment of the 1997 8-hour ozone standard, 
i.e., clean data determinations, determinations that the areas attained 
the standard by the applicable attainment date, statewide RACT, 
reasonable further progress plan approvals (including all applicable 
control strategy regulations), continued attainment of the 1997 8-hour 
ozone standard based on quality assured and certified monitoring data 
through 2011, and the implementation of the more stringent 2008 8-hour 
ozone standard.

VI. 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, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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; and
     Do 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 29, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2013-10929 Filed 5-8-13; 8:45 am]
BILLING CODE 6560-50-P


