
[Federal Register Volume 82, Number 145 (Monday, July 31, 2017)]
[Rules and Regulations]
[Pages 35454-35457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15716]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0611; A-1-FRL-9963-89-Region 1]


Air Plan Approval; CT; Reasonably Available Control Technology 
for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of 
Connecticut. These SIP revisions consist of a demonstration that 
Connecticut meets the requirements to implement reasonably available 
control technology (RACT) for the two precursors of ground-level ozone, 
oxides of nitrogen (NOX) and volatile organic compounds 
(VOCs), set forth by the Clean Air Act (CAA) with respect to the 2008 
ozone standard. Additionally, we are approving three related 
regulations that limit air emissions of NOX from sources 
within the State. This action is being taken in accordance with the 
Clean Air Act.

DATES: This rule is effective on August 30, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2014-0611. All documents in the docket 
are listed on the http://www.regulations.gov Web site. 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 http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 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.

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.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 6, 2017 (82 FR 16772), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Connecticut. The NPR proposed 
approval of a demonstration that Connecticut meets the RACT 
requirements for NOX and VOCs, set forth by the Clean Air 
Act with respect to the 2008 ozone standard. Additionally, Connecticut 
also submitted to EPA and we proposed approval of portions of a revised 
regulation limiting NOX emissions from municipal waste 
combustors (MWCs), a regulation limiting NOX emissions from 
major sources of air emissions, and a regulation limiting emissions 
from non-major sources of NOX emissions. The State submitted 
its RACT demonstration on July 18, 2014, the revised MWC regulation on 
September 16, 2016, and the regulations limiting NOX 
emissions from major and non-major sources on January 24, 2017. By 
letter dated March 31, 2017, Connecticut withdrew a number of 
provisions from these submittals that do not pertain to NOX 
or VOC control requirements, and therefore are not germane to this 
action.
    The specific details of Connecticut's RACT certification for the 
2008 ozone NAAQS and its three NOX regulations, as well as 
the rationale for our proposed approval are explained in the NPR and 
will not be restated here. We received a total of six public comments 
in response to the NPR. One public comment was in favor of our proposal 
and the others either were irrelevant to our proposed action and/or 
lacked sufficient specificity with respect to the SIP action being 
proposed, failing to articulate what the commenter believed EPA should 
do to change or revise its proposed approval. All of the comments 
received are included in the docket for today's action.

II. Final Action

    EPA is approving Connecticut's demonstration that it meets the CAA 
RACT requirements for NOX and VOCs for purposes of the 2008 
ozone standard, and is also approving portions of a revised regulation 
limiting NOX emissions from MWCs, and regulations limiting 
NOX emissions from major and minor sources of air emissions, 
as revisions to the Connecticut SIP. Additionally, we are approving 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 
approving a number of negative

[[Page 35455]]

declarations for Control Technique Guidelines categories for which 
Connecticut asserts no facilities exist within its borders.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
sections of the State of Connecticut Regulation of Department of Energy 
and Environmental Protection noted in this final rulemaking. The EPA 
has made, and will continue to make, these documents generally 
available through http://www.regulations.gov.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    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 29, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: June 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart H--Connecticut

0
2. Section 52.370 is amended by
0
a. adding paragraph (c)(90)(i)(B);
0
b. adding paragraph (c)(97)(i)(B); and
0
c. adding paragraph (c)(116) to read as follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (90) * * *
    (i) * * *
    (B) Section 22a-174-38, subsections (a), (c), (d), (i), (j), (k), 
and (l) were revised as published in the Connecticut Law Journal, 
volume 78, no. 17, on October 25, 2016. Subsection (d) is removed from 
the SIP without replacement. See paragraph (116)(i)(A).
* * * * *
    (97) * * *
    (i) * * *
    (B) Section 22a-174-22c, subsection (g)(3) is removed from the SIP 
without replacement effective December 22, 2016. See paragraph 
(116)(i)(B).
* * * * *
    (116) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
September 16, 2016, and January 24, 2017.
    (i) Incorporation by reference. (A) Regulations of Connecticut 
State Agencies, Administrative Regulation of the Department of Energy 
and Environmental Protection, Municipal Waste Combustors, revisions to 
section 22a-174-38 as published in the Connecticut Law Journal, volume 
78, no. 17, on October 25, 2016.
    (1) Subsection (c), subdivision (8);
    (2) Subsection (c), subdivisions (16), and (17);
    (3) Subsection (d);
    (4) Subsection (i), subdivisions (4)(E) and (J);
    (5) Subsection (i), subdivision (5);
    (6) Subsection (j), subdivision (4);

[[Page 35456]]

    (7) Subsection (k), subdivision (9) with the exceptions of the 
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride, fugitive ash and'' and the sentence 
``The maximum demonstrated municipal waste combustor unit load and 
maximum demonstrated particulate matter control device temperature 
shall be recorded for the initial performance test for dioxin/furan 
emissions for each particulate matter control device.''; and 
subdivision (10), with the exceptions of the phrase ``for particulate 
matter, cadmium, lead, mercury, dioxin/furan emissions, hydrogen 
chloride, fugitive ash and'' and the sentence ``The maximum 
demonstrated municipal waste combustor unit load and maximum 
demonstrated particulate matter control device temperature (for each 
particulate matter control device) shall be recorded for the initial 
performance test for dioxin/furan emissions.''
    (8) Subsection (l), subdivision (3)(A)(i) with the exception of the 
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride, fugitive ash and''; (3)(A)(ii), 
with the exceptions of the term ``sulfur dioxide'' and the phrase 
``carbon monoxide, municipal waste combustor unit load, particulate 
matter control device inlet temperature and''; (3)(A)(iv); (3)(A)(v), 
with the exceptions of the term ``sulfur dioxide'' the phrase ``carbon 
monoxide, municipal waste combustor unit load, particulate matter 
control device temperature and'' and the phrase ``carbon mass feed rate 
and''; (3)(A)(vi), with the exceptions of the term ``sulfur dioxide'' 
the phrase ``carbon monoxide, municipal waste combustor unit load, 
particulate matter control device temperature and'' and the phrase 
``carbon mass feed rate and''; (B), with the exception of the phrase 
``and (A)(iii)''; and (C).
    (9) Subsection (l), subdivision (6), with the exceptions of the 
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride'' and the term ``or fugitive ash''.
    (10) Subsection (a).
    (B) Regulation of the Department of Energy and Environmental 
Protection Concerning NOX Emissions from Fuel-Burning 
Emission Units, effective December 22, 2016.
    (1) Section 22a-174-22e, Control of nitrogen oxides emissions from 
fuel-burning equipment at major stationary sources of nitrogen oxides, 
with the exception of, within paragraph (l)(7), the phrase ``or under 
procedures in RCSA section 22a-174-5(d).'';(2) Section 22a-174-22f, 
High daily NOX emitting units at non-major sources of 
NOX;
    (3) Section 22a-174-18,, revised subsection (j)(6);
    (4), Section 22a-174-8(b)(2);
    (5) Section 22a-174-22c, subsection (g)(3);
    (6) Section 22a-174-38, revised subsections (b)(1) through (6).

0
3. Section 52.375 is amended by adding paragraph (h) to read as 
follows:


Sec.  52.375  Certification of no sources.

* * * * *
    (h) In its July 18, 2014 submittal to EPA pertaining to reasonably 
available control technology requirements for the 2008 8-hour ozone 
standard, the State of Connecticut certified to the satisfaction of EPA 
that no sources are located in the state that are covered by the 
following Control Technique Guidelines:
    (1) Automobile coatings;
    (2) Large petroleum dry cleaners;
    (3) Fiberglass boat manufacturing;
    (4) Equipment leaks from natural gas and gasoline processing 
plants;
    (5) Petroleum refineries;
    (6) Control of refinery vacuum producing systems;
    (7) Wastewater separators and process unit turnarounds; and
    (8) Flatwood paneling coatings.

0
4. Section 52.377 is amended by adding paragraph (q) to read as 
follows:


Sec.  52.377   Control strategy: Ozone.

* * * * *
    (q) Approval--Revisions to the Connecticut State Implementation 
Plan (SIP) submitted on July 18, 2014. The SIP revision satisfies the 
requirement to implement reasonably available control technology (RACT) 
for sources of volatile organic compounds (VOC) and oxides of nitrogen 
(NOX) for purposes of the 2008 ozone standard. Specifically, 
the following sections of the Regulations of Connecticut State Agencies 
are approved for this purpose: For VOC RACT, 22a-174-20, Control of 
Organic Compound Emissions, 22a-174-30, Dispensing of Gasoline/Stage I 
and Stage II Vapor Recovery, and 22a-174-32, RACT for Organic 
Compounds; for NOX RACT, 22a-174-22, Control of nitrogen 
oxide emissions, 22a-174-22e, Control of nitrogen oxide emissions from 
fuel burning equipment at major sources, 22a-174-22f, High daily 
NOX emitting units at non-major sources of nitrogen oxides, 
and 22a-174-38, Municipal Waste Combustors.

0
5. In Sec.  52.385, Table 52.385 is amended by adding new entries for 
state citations for 22a-174-22e, Control of nitrogen oxides emissions 
from fuel-burning equipment at major stationary sources of nitrogen 
oxides, and for 22a-174-22f, High daily NOX emitting units 
at non-major sources of NOX, and by adding rows to the 
existing entries of state citations 22a-174-8, 22a-174-18, 22a-174-22c, 
and 22a-174-38 in numerical order to read as follows:


Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
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                                                                Dates
                                                  --------------------------------    Federal Register
Connecticut state citation      Title/subject       Date adopted    Date approved         citation             Section 52.370       Comments/description
                                                      by State         by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
22a-174-8.................  Compliance Plans and         12/22/16         7/31/17  [Insert Federal        (c)(116)................  Minor edit to update
                             Schedules.                                             Register citation].                              citation.
 
                                                                      * * * * * * *
22a-174-18................  Control of                   12/22/16         7/31/17  [Insert Federal        (c)(116)................  Minor edit to update
                             particulate                                            Register citation].                              citation.
                             emissions.
 

[[Page 35457]]

 
                                                                      * * * * * * *
22a-174-22c...............  The Clean Air                12/22/16         7/31/17  [Insert Federal        (c)(116)................  Minor edit to update
                             Interstate Rule                                        Register citation].                              citation.
                             (CAIR) Nitrogen
                             Oxides (NOX) Ozone
                             Season Trading
                             Program.
22a-174-22e...............  Control of nitrogen          12/22/16         7/31/17  [Insert Federal        (c)(116)................  New regulation
                             oxides emissions                                       Register citation].                              applicable to major
                             from fuel-burning                                                                                       sources of NOX.
                             equipment at major
                             stationary sources
                             of nitrogen oxides.
22a-174-22f...............  High daily NOX               12/22/16         7/31/17  [Insert Federal        (c)(116)................  New regulation
                             emitting units at                                      Register citation].                              applicable to non-
                             non-major sources of                                                                                    major sources of
                             NOX.                                                                                                    NOX.
 
                                                                      * * * * * * *
22a-174-38................  Municipal Waste                8/2/16         7/31/17  [Insert Federal        (c)(116)................  Portions of
                             Combustors.                                            Register citation].                              previously approved
                                                                                                                                     regulation were
                                                                                                                                     revised, primarily
                                                                                                                                     to incorporate
                                                                                                                                     tightened NOX
                                                                                                                                     emission limit for
                                                                                                                                     mass burn water-
                                                                                                                                     walled units.
 
                                                                      * * * * * * *
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[FR Doc. 2017-15716 Filed 7-28-17; 8:45 am]
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