
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Proposed Rules]
[Pages 16772-16777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06891]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0611; FRL-9960-69-Region 1]


Air Plan Approval; CT; Reasonably Available Control Technology 
for the 2008 8-Hour Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing approval of State Implementation Plan (SIP) 
revisions submitted by the State of Connecticut for purposes of 
implementing the 2008 ozone National Ambient Air Quality Standards. The 
SIP revisions consist of a demonstration that Connecticut meets the 
requirements of reasonably available control technology for the two 
precursors for ground-level ozone, oxides of nitrogen (NOX) 
and volatile organic compounds (VOCs), set forth by the Clean Air Act 
with respect to the 2008 ozone standards. Additionally, we are 
proposing approval of three related regulations that limit air 
emissions of these pollutants from sources within the State. This 
action is being taken in accordance with sections 172, 182, and 184 of 
the Clean Air Act.

DATES: Written comments must be received on or before May 8, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2014-0611, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email mcconnell.robert@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. The following outline is 
provided to aid in locating information in this preamble.

I. Background and Purpose
II. Summary of Connecticut's SIP Revisions
III. EPA's Evaluation of Connecticut's SIP Revisions
    a. RACT Certification for the 2008 Ozone Standard

[[Page 16773]]

    b. Municipal Waste Combustor (MWC) Regulation
    c. NOX Control Requirements for Major Sources
    d. NOX Control Requirements for Non-Major Sources
    e. Compliance Date for Updated NOX RACT Requirements
    f. Other Miscellaneous Revisions
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 18, 2014, the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) submitted a formal revision to its 
State Implementation Plan. The SIP revision consists of information 
documenting how Connecticut complied with the reasonably available 
control technology (RACT) \1\ requirements for the 2008 8-hour ozone 
standard. On September 16, 2016, Connecticut submitted portions of an 
amended version of section 22a-174-38 of the Regulations of Connecticut 
State Agencies (RCSA) controlling emissions from municipal waste 
combustors (MWCs), and requested that these provisions be incorporated 
into the Connecticut SIP. Additionally, on January 24, 2017, 
Connecticut submitted to EPA as a SIP revision request RCSA section 
22a-174-22e, a regulation limiting emissions of NOX from 
major sources, and RCSA section 22a-174-22f, a regulation limiting 
NOX emissions from non-major sources. The September 16, 2016 
and January 24, 2017 submittals are related to Connecticut's 
demonstration that the State has complied with the RACT requirements 
for the 2008 8-hour ozone standard. Connecticut also included within 
the January 24, 2017 submittal, a request that its previous 
NOX control regulation, RCSA section 22a-174-22, be 
withdrawn from the SIP effective June 1, 2018, because that regulation 
was superseded by the other submitted regulations which are more 
stringent.
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    \1\ RACT is defined as ``the lowest emission limitation that a 
particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility.'' (44 FR 53762 (1979))
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    Sections 172(c)(1) and 182(b)(2) of the Clean Air Act (CAA) require 
states to implement RACT in areas classified as moderate (and higher) 
non-attainment for ozone, while section 184(b)(1)(B) of the Act 
requires RACT in states located in the Ozone Transport Region (OTR). 
Specifically, these areas are required to implement RACT for all major 
VOC and NOX emissions sources and for all sources covered by 
a Control Techniques Guideline (CTG). A CTG is a document issued by EPA 
which establishes a ``presumptive norm'' for RACT for a specific VOC 
source category. A related set of documents, Alternative Control 
Techniques (ACT) documents, exists primarily for NOX control 
requirements. States must submit rules, or negative declarations when 
no such sources exist for CTG source categories, but not for sources in 
ACT categories. However, RACT must be imposed on major sources of 
NOX, and some of those major sources may be within a sector 
covered by an ACT document.
    In 2008, EPA revised the health-based National Ambient Air Quality 
Standards (NAAQS, or standards) for ozone, setting it at 0.075 parts 
per million (ppm) averaged over an 8-hour time frame. EPA determined 
that the revised 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 March 6, 2015 (80 FR 12264), EPA published a final rule in the 
Federal Register that outlined the obligations that areas found to be 
in nonattainment of the 2008 ozone standard needed to address. This 
rule, herein referred to as the ``2008 ozone implementation rule,'' 
contained, among other things, a description of EPA's expectations for 
states with RACT obligations. The 2008 ozone implementation rule 
indicated that states could meet RACT through the establishment of new 
or more stringent requirements that meet RACT control levels, through a 
certification that previously adopted RACT controls in their SIP 
approved by EPA under a prior ozone NAAQS represent adequate RACT 
control levels for attainment of the 2008 ozone NAAQS, or with a 
combination of these two approaches. In addition, a state must submit a 
negative declaration in instances where there are no CTG sources.

II. Summary of Connecticut's SIP Revisions

    On July 18, 2014, Connecticut submitted a demonstration that its 
regulatory framework for stationary sources meets the criteria for RACT 
as defined in EPA's 2008 ozone implementation rule. The State conducted 
a public comment process on its demonstration which concluded on July 
11, 2014. Connecticut's RACT submittal notes that its prior designation 
as a nonattainment area for the 1979 and 1997 ozone standards resulted 
in the adoption of stringent controls for major sources of VOC and 
NOX, including RACT level controls. Therefore, as allowed 
for within the 2008 ozone implementation rule, much of Connecticut's 
submittal consists of a review of RACT controls adopted under previous 
ozone standards and an indication of whether those previously adopted 
controls still represent RACT for the 2008 ozone NAAQS. Additionally, 
Connecticut notes that as a member state of the Ozone Transport 
Commission (OTC), it works with that organization to identify and 
adopt, as deemed appropriate, regulations on additional VOC and 
NOX categories beyond those for which EPA has issued CTGs or 
ACT documents.
    The State's July 18, 2014 submittal identifies the specific control 
measures that had been previously adopted to control emissions from 
major sources of VOC emissions, reaffirms negative declarations for 
some CTG categories, and describes updates Connecticut intended at that 
time to make to existing rules to strengthen them so that they would 
continue to represent RACT. Table 4 of Connecticut's submittal contains 
a summary of the previously-adopted measures for each of the CTG 
categories that EPA issued prior to 2006. The table identifies the 
specific state rule, where relevant, that is in place, the date of 
state adoption, and the date that EPA approved the rule into the 
Connecticut SIP. Connecticut notes that RCSA sections 22a-174-20 and 
22a-174-32, which are the principal regulations in Connecticut that 
apply to stationary sources of VOC emissions, generally cover sources 
emitting 25 or more tons of VOC per year in the area that was 
classified as a severe nonattainment area under the 1-hour ozone 
standard (portions of Fairfield and Litchfield counties; see 56 FR 
56694; November 6, 1991) and those emitting 50 or more tons of VOC per 
year in the rest of the State. However, for some CTG categories such as 
surface coating sources, Connecticut's rules include lower 
applicability thresholds consistent with the relevant CTGs. 
Additionally, section IV. A. of Connecticut's submittal describes the 
State's response to EPA's issuance of new VOC RACT CTGs in 2006, 2007, 
and 2008, which included adoption of a number of new regulations, 
negative declarations, and for miscellaneous industrial adhesives, 
submittal of a demonstration of an equivalence level of control from an 
existing regulation. EPA approved the State's SIP revisions addressing 
the 2006, 2007, and 2008 CTGs on June 9, 2014 (79 FR 32873).
    As required, Connecticut's submittal addresses NOX 
emissions as well as VOC emissions. In particular, the submittal's 
Table 5 lists all major

[[Page 16774]]

sources of NOX (and VOC) in the State, and identifies the 
NOX control regulation governing each source. Connecticut 
notes that all facilities in the State with the potential to emit 50 
tons or more of NOX per year (or 25 tons in portions of 
Fairfield and Litchfield counties) are subject to RCSA section 22a-174-
22, ``Control of Nitrogen Oxide Emissions.'' In addition, RCSA section 
22a-174-38, Municipal waste combustors, regulates NOX 
emissions from Connecticut's six MWCs, which are currently the largest 
NOX emitting sector in the State, surpassing emissions from 
the State's fossil fueled electric utilities. Connecticut reviewed 
these two regulations and determined that both should be updated in 
order to represent RACT for the 2008 ozone NAAQS. Accordingly, on 
September 16, 2016, Connecticut submitted a SIP revision including an 
updated version of 22a-174-38 that contains a tightened NOX 
emission limit for mass burn waterwall refuse combustors. Additionally, 
on January 24, 2017, Connecticut submitted a SIP revision that includes 
a request to withdraw the State's existing NOX control 
regulation, RCSA s+ection 22a-174-22, from the SIP, and replace it with 
two NOX control regulations, namely, RCSA section 22a-174-
22e, which limits NOX emissions from major sources, and 22a-
174-22f, which limits NOX emissions from non-major sources 
of NOX.
    Connecticut's review of its control program for major sources of 
VOC and NOX thus concludes that upon completion of its 
intended updates to existing NOX rules for MWCs and 
combustion sources, all major sources in the State will be subject to 
RACT meeting the RACT requirements of the 2008 ozone standard.

III. EPA's Evaluation of Connecticut's SIP Revisions

a. RACT Certification for the 2008 Ozone Standard

    EPA has reviewed Connecticut's determination that it has adopted 
VOC and NOX control regulations for stationary sources that 
constitute RACT, and determined that the set of regulations cited by 
the State within its July 18, 2014 RACT certification SIP submittal, 
along with the subsequent adoption of the NOX control 
regulations cited below which we are proposing to approve within this 
action, constitute RACT for purposes of the 2008 ozone standard.
    Connecticut's RACT certification submittal documents the State's 
VOC and NOX control regulations that have been adopted to 
ensure that RACT level controls are required in the State. These 
requirements include the following Regulations of Connecticut State 
Agencies: Section 22a-174-20, Control of Organic Compound Emissions; 
section 22a-174-22, Control of Nitrogen Oxide Emissions; section 22a-
174-30, Dispensing of Gasoline/Stage I and Stage II Vapor Recovery; \2\ 
section 22a-174-32, RACT for Organic Compound Emissions; and 22a-174-
38, Municipal Waste Combustors. We note that section 22a-174-22, 
Control of Nitrogen Oxide Emissions, will sunset on June 1, 2018, and 
be replaced by sections 22a-174-22e, which controls NOX 
emissions from major sources, and 22a-174-22f, which controls 
NOX emissions from non-major sources. These updated 
NOX control regulations are described further below, and 
will achieve more emission reductions than the rule they replace. 
Furthermore, Connecticut has adopted more stringent controls for some 
types of MWCs (also discussed further below), which will likewise 
further reduce NOX emissions in the State. Connecticut's 
RACT certification submittal notes that it has adopted numerous single 
source RACT orders for major sources of VOC and NOX that are 
not covered by one of EPA's CTGs or ACTs, and these orders have been 
submitted to EPA and incorporated into the SIP, as have individual 
orders providing for NOX trading among facilities within the 
State as authorized by section 22a-174-22.
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    \2\ Connecticut subsequently replaced this regulation with RCSA 
section 22a-174-30a, which contains the Stage I related provisions 
but does not contain the Stage II requirements in light of the 
widespread use of on-board vapor recovery. RCSA section 22a-174-30a 
was submitted to EPA for approval on September 14, 2015. EPA will 
take action on the new RCSA section 22a-174-30a in the near future.
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    The State's submittal documents a substantial downward trend in 
ozone exceedance days between 1975 and 2013, much of which is 
attributable to the control measures put in place by Connecticut, 
upwind states, and federal control measures adopted in the early and 
mid-1990s pursuant to the Clean Air Act amendments of 1990. 
Connecticut's submittal also notes that VOC and NOX 
emissions from stationary sources contribute a relatively small portion 
to total emissions of those pollutants. For example, the State's major 
VOC sources only emitted 880 tons in 2011, which amounts to 
approximately 1% of Connecticut's anthropogenic VOC emissions. Major 
sources of NOX emissions emitted 5,902 tons in 2011, 
representing approximately 7.5% of total NOX emissions in 
the State.
    We have reviewed Connecticut's RACT certification demonstration, 
and determined that the State's regulatory requirements and the 
resulting reduction in VOC and NOX emissions from major 
sources that they accomplish, demonstrate that a RACT level of control 
for both pollutants will be in place given the State's modifications to 
existing NOx regulations discussed below. Since we agree that the VOC 
and NOx stationary source control regulations which Connecticut has 
cited as meeting RACT do meet RACT for the 2008 ozone standard, we are 
proposing to approve Connecticut's July 18, 2014 RACT certification 
SIP.
    Our most recent approval of a RACT certification SIP for 
Connecticut is fairly recent, occurring on June 27, 2013 (78 FR 38587), 
with respect to the 1997 ozone standard. Since then, in 2014, 
Connecticut re-evaluated its RACT regulations and determined that a 
number of NOX regulations, as described above, should be 
updated to be consistent with requirements in other states. Connecticut 
initiated a comprehensive stakeholder process with business, industry, 
and environmental advocates which resulted in the development of 
tighter NOX limits for MWCs, boilers, turbines, and 
reciprocating internal combustion engine (RICE) units. We note that 
Connecticut's July 18, 2014 RACT certification also discusses updates 
to its existing consumer products and architectural and industrial 
maintenance coatings regulations to implement tightened VOC emission 
limits. CT DEEP has since proposed these updates but has not yet 
submitted them to EPA for approval. Although these rules will assist 
Connecticut in its efforts to attain the ozone standard, these updates 
are not necessary for EPA's approval of the RACT certification. These 
rules do not apply to major stationary sources and are not categories 
for which EPA has issued a CTG. Therefore, they are not necessary 
components of the State's RACT certification.

b. Municipal Waste Combustor (MWC) Regulation

    On December 6, 2001 (66 FR 63311), EPA approved portions of 
Connecticut's regulation limiting emissions from MWCs. More recently, 
on September 16, 2016, Connecticut submitted portions of an amended 
version of the MWC regulation, which is found at RCSA section 22a-174-
38, to EPA, and requested it be incorporated into the SIP. The portions 
submitted for inclusion into the SIP pertain to NOX

[[Page 16775]]

emission limits and related regulatory provisions. The primary revision 
made within the amendments was a lowering of the NOX 
emission limit for mass burn waterwall units from a range of between 
177 to 200 parts per million (ppm) to 150 ppm, with an August 2, 2017 
compliance date. The amendments also add an emission limit for ammonia, 
which will limit emissions of fine particulate matter 
(PM2.5) for MWC units that use selective non-catalytic 
reduction (SNCR) to control NOX emissions. Additionally, 
emission testing requirements, a schedule for testing emissions, and 
removal of provisions for use of NOX trading as a compliance 
mechanism were among other items included with the amendments. We have 
reviewed Connecticut's amended MWC requirements and are proposing 
approval of them. The most significant change being made is to the 
NOX emission limit for mass burn waterwall units, which is 
being lowered from an existing range of between 177 to 200 ppm, to a 
new limit of 150 ppm. Since the new limit is more stringent than the 
previously approved limit, the anti-back sliding requirements of 
section 110(l) of the CAA are met. Additionally, Connecticut's 
NOX emission limits for MWCs are more stringent than the 
corresponding federal limits for new sources found at 40 CFR part 60, 
subparts Ea, Cb, and Eb, and also are more stringent than the 
corresponding federal limits for existing sources found at 40 CFR part 
62, subpart FFF.

c. NOX Control Requirements for Major Sources

    EPA's most recent approval of Connecticut's regulation limiting 
NOX emissions from sources in the State occurred on July 20, 
2014 (79 FR 39322). On January 24, 2017, Connecticut submitted a SIP 
revision to EPA that consisted of a comprehensive update of its 
NOX control requirements. Specifically, the revision 
included the regulatory revisions that Connecticut determined were 
necessary after evaluating the current state of RACT for boilers, 
turbines, and RICE engines. The submittal included two new regulations, 
RCSA 22a-174-22e, Control of nitrogen oxide emissions from fuel-burning 
equipment at major stationary sources of nitrogen oxides, and 22a-174-
22f, High daily NOX emitting units at non-major sources of 
NOX. The two newly adopted regulations will reduce 
NOX emissions beyond the level achieved by the State's 
existing NOX control regulation, 22a-174-22, which will 
expire as of June 1, 2018. June 1, 2018 is also the effective date of 
the ``Phase 1'' control limits that affect some equipment types, as 
further described below.
    After examining the NOX RACT limits in other states, in 
particular those in New York and New Jersey, Connecticut determined 
that some of its existing limits for boilers, turbines, and RICE units 
should be tightened. Therefore, in order to meet RACT for the 2008 
ozone NAAQS, Connecticut adopted tighter limits, which it refers to as 
Phase 1 control limits, within section 22a-174-22e. This newly adopted 
regulation contains the following changes to 24-hour emission limits, 
with a June 1, 2018 compliance date for the new lower limits: for gas-
fired cyclone boilers, rate reduced from 0.43 to 0.3 pounds per million 
British Thermal Unit (lbs/mmBTU); for coal-fired ``other boilers,'' \3\ 
rate reduced from 0.38 to 0.28 lbs/mmBTU; for combined cycle combustion 
turbines, rate reduced from 55 to 42 parts per million (ppm) for gas 
fired units, and from 75 to 65 ppm for oil fired units. The existing 
limit of 0.9 lb/mmBTU for turbines rated at less than 100 million BTU/
hr will be eliminated upon the compliance date for the Phase 1 limits. 
Connecticut also added new ozone season limits for boilers serving 
electrical generating units (EGUs), industrial boilers, and for simple 
cycle turbines in Phase 1. Additionally, Connecticut included a tune-up 
requirement applicable to boilers and RICE units to its Phase 1 
requirements, which was not previously required. Connecticut included 
within its submittal of 22a-174-22e an analysis of the regulation 
compared to the State's prior NOX limits within 22a-174-22, 
which demonstrates that the newly adopted regulation accomplishes more 
emission reductions than the prior regulation, thereby meeting the 
requirements of section 110(l) of the CAA.
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    \3\ This category of coal fired boilers is applicable to the 
State's only coal fired electric utility boiler, Bridgeport Harbor 
Station.
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    Regarding the strengthened NOX limits, during the 
stakeholder process Connecticut was able to negotiate additional 
reductions in emission limits for boilers, turbines, and RICE units 
beyond those adopted in Phase 1, in part, by agreeing to a phased 
approach whereby the more stringent Phase 2 requirements would not need 
to be met until 2023. It should be noted that the Phase 2 requirements 
are not a necessary part of Connecticut's RACT certification for the 
2008 ozone standard. The compliance date for Phase 1 controls is much 
sooner, occurring on June 1, 2018. Affected owners of NOX 
emitting equipment supported this approach because it provided valuable 
lead time to plan for the financial and logistical aspects of meeting 
the Phase 2 emission limits. Compliance dates are discussed further in 
section e. below.

d. NOX Control Requirements for Non-Major Sources

    Regarding newly adopted RCSA section 22a-174-22f, High daily 
NOX emitting units at non-major sources of NOX, 
this regulation requires owners of equipment at small- and medium-sized 
``non-major'' sources to track daily emissions during the ozone season, 
and take steps to reduce emissions if they exceed a certain level of 
NOX emissions. The rule's applicability levels are quite 
low, reaching as low as 3 mmBTU/hr for certain types of boilers, as low 
as 1 mmBTU/hr for RICE units, and as low as 6 mmBTU/hr for simple cycle 
and combined cycle turbines. Emission units subject to this rule are 
required to comply with various record keeping and reporting 
requirements, and in some circumstances, annual tune-up requirements. 
Moreover, the rule contains daily NOX emission thresholds, 
which if exceeded, will trigger additional requirements for the 
emission unit. Once an emission unit triggers the applicable 
NOX emission threshold, it must notify the State of this 
within 60 days, and thereafter meet the relevant emission rate 
contained in RCSA section 22a-174-22e within 270 days of the threshold 
being first exceeded. Connecticut is not specifically required to adopt 
a regulation for these sources to meet RACT since they are non-major 
sources and the CAA requires states to implement NOX RACT 
for all major sources. The rule will, however, strengthen the State's 
overall regulatory program for sources of NOX and help the 
State in its efforts to attain the ozone NAAQS. Connecticut included 
within its submittal of 22a-174-22f an analysis of the regulation 
compared to the State's prior NOx limits within 22a-174-22, which 
demonstrates that the newly adopted regulation accomplishes more 
emission reductions than the prior regulation, thereby meeting the 
requirements of section 110(l) of the CAA. Therefore, for the above 
reasons, EPA is proposing to approve Connecticut's 22a-174-22f into the 
Connecticut SIP.

e. Compliance Date for Updated NOX RACT Requirements

    We have reviewed Connecticut's RACT certification for the 2008 
ozone NAAQS and revised NOX control regulations, and are 
proposing approval of them into the Connecticut SIP. One

[[Page 16776]]

consideration we evaluated in determining our proposed action on 
Connecticut's RACT certification for the 2008 ozone NAAQS was how to 
address RCSA section 22a-174-22e's Phase 1 compliance date of June 1, 
2018 and RCSA section 22a-174-38's compliance date of August 2, 2017. 
Our March 6, 2015 implementation rule required RACT level controls be 
in place by January 1, 2017. See 80 FR 12280. However, despite the 
compliance dates of June 1, 2018 and August 2, 2017, we believe other 
circumstances weigh in favor of and merit our proposed approval of 
their RACT certification. Our rationale is as follows.
    First, we note that the majority of sources continue to be 
controlled under NOX RACT requirements already contained in 
the SIP. The June 1, 2018 and August 2, 2017 compliance dates in 
question only apply to a subset of all of the facilities subject to 
RACT requirements, and those sources are already subject to controls 
approved into the SIP to meet RACT requirements, but will be more 
strictly controlled under section 22a-174-22e's Phase 1 requirements.
    With regard to the new RACT requirements, given that January 1, 
2017 has already passed, it is not possible to retroactively meet that 
date for compliance obligations. Connecticut completed its stakeholder 
process for 22a-174-22e with business, industry, and environmental 
advocates in 2016, and although its new NOX regulations 
became effective December 22, 2016, the State did not feel it was 
reasonable to require immediate compliance, and so sources were given 
until June 1, 2018 to come into compliance with the Phase 1 limits. 
Likewise, Connecticut's tightened NOX limits for MWCs became 
effective on August 2, 2016, and sources are required to comply with 
these limits within one year, i.e., by August 2, 2017.
    Additionally, Connecticut's adoption of RCSA sections 22a-174-22e 
and f contain a number of provisions that accomplish more 
NOX reductions than what is required by RACT. For example, 
the requirements of 22a-174-22f, High daily NOX emitting 
units at non-major sources of NOX, as its name implies, 
applies to small- and medium-sized facilities that are not subject to 
RACT, but may, on any given day, emit significant amounts of 
NOX. This can happen on high electrical demand days (HEDDs), 
when additional electrical generating capacity is needed to maintain 
service, as determined by the relevant electrical grid operator. Over 
the past decade, Connecticut and the other states in the Northeast have 
identified this phenomenon as a prime concern because oftentimes these 
units, due to their infrequent use and low potential emissions on an 
annual basis, are not considered major sources and therefore not 
required to be equipped with air pollution controls. Connecticut's 
regulatory effort as embodied within 22a-174-22f directly targets this 
activity, and although not specifically required to meet the RACT 
requirements of the CAA, is something that EPA has encouraged states to 
address to help resolve their ozone air quality problems.
    Another example of the stringency of Connecticut's recently adopted 
NOX control regulations are the Phase 2 emission limits 
which will be, upon their enactment, among the most stringent limits 
any state has adopted. Although not considered necessary to meet RACT 
for the 2008 ozone NAAQS, Connecticut understands that it will need to 
perform another RACT certification once implementation of the 2015 
ozone NAAQS is underway, and had the foresight to establish the 
NOX emission limits that would likely be needed to 
demonstrate RACT under the more stringent 2015 ozone NAAQS. This course 
of action also provided businesses and industries in the State with 
sufficient lead time to accomplish the planning needed to meet the 
aggressive Phase 2 NOX emission limits. For these reasons, 
we believe it is appropriate to propose approval of Connecticut's 
certification that a RACT level of control is in place for major 
sources of NOX.

f. Other Miscellaneous Revisions

    Additionally, in its January 24, 2017 SIP revision, Connecticut 
requested that a number of citations within other sections of its air 
pollution control regulations previously approved into the SIP be 
updated to reflect citations to the two new NOX control 
regulations that are replacing the State's original regulation, RCSA 
section 22a-174-22. The sections affected are as follows: RCSA sections 
22a-174-8(b)(2); 22a-174-18(j)(6); 22a-174-22c(g)(3); and 22a-174-
38(b)(6). Connecticut's January 24, 2017 and September 16, 2016 
submittals also include the following miscellaneous revisions (not 
related to the July 18, 2014 RACT certification) for which we are not 
proposing any action at this time: RCSA sections 22a-174-3b, 
subsections (a)(5) and (6); 22a-174-33(g)(1); 22a-174-42(a); 22a-354-
1(34)(K); and certain non-NOX related portions of 22a-174-
38. Lastly, we are proposing approval of negative declarations 
Connecticut has made for the following CTG categories: Automobile 
coatings, Large petroleum dry cleaners, Fiberglass boat manufacturing, 
Equipment leaks from natural gas and gasoline processing plants, 
Petroleum refineries, Control of refinery vacuum producing systems, 
wastewater separators, and process unit turnarounds, and Flatwood 
paneling coatings. Connecticut reviewed the inventory information, 
interviewed field staff, and searched telephone and internet Web pages, 
including other state government databases, to confirm that no 
facilities exist in the State that are covered by the above mentioned 
CTG categories.

IV. Proposed Action

    EPA is proposing approval of Connecticut's July 18, 2014 SIP 
submittal that demonstrates, along with the other regulations proposed 
for approval in today's action, that the State has adopted air 
pollution control strategies that represent RACT for purposes of 
compliance with the 2008 ozone standard. In this notice, we are 
proposing approval of an update to an existing regulation limiting 
emissions from MWCs, and a new regulation limiting emissions from major 
sources of NOX as representing RACT. We are also proposing 
approval of a new regulation limiting emissions from non-major sources 
of NOX, and proposing approval of a number of minor edits 
made to existing parts of Connecticut's air pollution control 
regulations that were updated to make citations correctly reference the 
State's newly adopted regulations. Last, we are proposing approval of a 
number of negative declarations for CTG categories for which 
Connecticut asserts no facilities exist within its borders.
    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. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the following Regulations of Connecticut State Agencies: 
Section 22a-174-22e, Control of nitrogen oxide emissions from fuel-
burning equipment at major stationary sources of nitrogen oxides, 
effective December 22, 2016; Section 22a-174-22f, High daily 
NOX

[[Page 16777]]

emitting units at non-major sources of NOX, effective 
December 22, 2016; Portions of section 22a-174-38, Municipal waste 
combustors, effective August 2, 2016; Section 22a-174-8(b)(2), 
effective December 22, 2016; Section 22a-174-18(j)(6), effective 
December 22, 2016; Section 22a-174-22c(g)(3), effective December 22, 
2016; and Section 22a-174-38(b)(6), effective December 22, 2016. The 
EPA has made, and will continue to make, these documents generally 
available electronically through http://www.regulations.gov and/or in 
hard copy at the appropriate EPA office.

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 proposed 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 proposed 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);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 15, 2017.
 Deborah A. Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2017-06891 Filed 4-5-17; 8:45 am]
 BILLING CODE 6560-50-P


