[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Rules and Regulations]
[Pages 73469-73471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26016]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0168; FRL-10414-02-R1]


Air Plan Approval; Connecticut; Plan Submittals for the 2008 
Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: The Environmental Protection Agency (EPA) is amending approved 
State Implementation Plan (SIP) revisions submitted by the State of 
Connecticut to address SIP revisions submitted to meet moderate area 
nonattainment requirements for the 2008 ozone standard. The SIP 
revisions are for the Greater Connecticut and the Connecticut portion 
of the New York-Northern New Jersey-Long Island, NY-NJ-CT moderate 
ozone nonattainment areas, and include these areas 2011 base year 
emissions inventories, an emissions statement certification, reasonable 
further progress (RFP) demonstrations, reasonably available control 
measures (RACM) analyses, motor vehicle emissions budgets, and 
contingency measures. This rule does not change any final action taken 
by EPA in an earlier final rule published on October 1, 2018; this 
action merely corrects the Clean Air Act (CAA) citation for moderate 
area contingency measures.

DATES: This rule is effective on November 30, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2016-0168. 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

[[Page 73470]]

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: Bob McConnell, Environmental Engineer, 
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), 
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, 
Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1046; 
[email protected].

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

Table of Contents

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On October 1, 2018, a Final Rule published at 83 FR 49297 (FR doc. 
2018-21150). EPA has identified the need for a typographical correction 
to the regulatory text approved into the Code of Federal Regulations by 
FR Rule Doc. 2018-21150. The typographical error appears on page 49298, 
in the second column, in Sec.  52.377, in amendment 2, within the added 
paragraph (t).

II. Final Action

    The EPA is revising a final rule that was published in the Federal 
Register on October 1, 2018, which became effective on October 31, 
2018, correcting a typographical error to 40 CFR 52.377(t). The final 
rule approved SIP revisions submitted by the State of Connecticut to 
address SIP revisions submitted to meet moderate area nonattainment 
requirements for the 2008 ozone standard. The SIP revisions are for the 
Greater Connecticut and the Connecticut portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT moderate ozone nonattainment 
areas, and include these areas 2011 base year emissions inventories, an 
emissions statement certification, RFP demonstrations, RACM analyses, 
motor vehicle emissions budgets, and contingency measures. This 
revision does not change any final action taken by EPA on October 1, 
2018; this action merely corrects the CAA citation for moderate area 
contingency measures. We have determined that there is good cause for 
making this rule final without prior proposal and opportunity for 
comment because we are merely correcting an incorrect citation in a 
previous action. Thus, notice and public procedure are unnecessary. We 
find that this constitutes good cause under 5 U.S.C. 553(b)(B).

III. 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 22, 2022.
David Cash,
Regional Administrator, EPA Region 1.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

[[Page 73471]]

Subpart H--Connecticut

0
2. Section 52.377 is amended by revising paragraph (t) to read as 
follows:


Sec.  52.377  Control strategy: Ozone.

* * * * *
    (t) Approval. Revisions to the State Implementation Plan submitted 
by the Connecticut Department of Energy and Environmental Protection on 
January 17, 2017, September 5, 2017, and August 8, 2017, to meet, in 
part, requirements of the 2008 ozone NAAQS. These revisions satisfy the 
rate of progress requirement of section 182(b) through 2017, the 
contingency measure requirements of section 172(c)(9), the emission 
statement requirements of section 182(a)(3)(B), and the reasonably 
available control measure requirement of section 172(c)(1) for the 
Connecticut portion of the New York-Northern New Jersey-Long Island, 
NY-NJ-CT area, and the Greater Connecticut moderate ozone nonattainment 
areas. The January 17, 2017 revision establishes motor vehicle 
emissions budgets for 2017 of 15.9 tons per day of VOC and 22.2 tons 
per day of NOX to be used in transportation conformity in 
the Greater Connecticut moderate ozone nonattainment area. The August 
8, 2017 revision establishes motor vehicle emissions budgets for 2017 
of 17.6 tons per day of VOC and 24.6 tons per day of NOX to 
be used in transportation conformity in the Connecticut portion of the 
New York-Northern New Jersey-Long Island, NY-NJ-CT moderate ozone 
nonattainment area.
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[FR Doc. 2022-26016 Filed 11-29-22; 8:45 am]
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