[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6968-6970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03252]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0150; FRL-9973-18-Region 1]


Air Plan Approval; Connecticut; Nonattainment New Source Review 
Permit Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the state implementation plan (SIP) revision 
submitted on March 9, 2017 by the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) addressing the nonattainment new 
source review (NNSR) requirements for the 2008 8-hour ozone National 
Ambient Air Quality Standard (NAAQS). The SIP revision addresses both 
of Connecticut's ozone nonattainment areas for the 2008 ozone NAAQS; 
the Greater Connecticut area and the Connecticut portion of the New 
York-N. New Jersey-Long Island, NY-NJ-CT area. The Connecticut portion 
of the New York-N. New Jersey-Long Island, NY-NJ-CT ozone nonattainment 
area consists of Fairfield, New Haven, and Middlesex counties. The 
Greater Connecticut nonattainment area includes the rest of the State. 
This action is being taken pursuant to the Clean Air Act (CAA or Act) 
and its implementing regulations.

DATES: This rule is effective on March 19, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2017-0150. All documents in the docket 
are listed on the https://www.regulations.gov website. Although listed 
in the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. The 
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: Donald Dahl, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post 
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. 
Mr. Dahl's telephone number is (617) 918-1657; email address: 
[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. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 14, 2017, EPA published a Notice of Proposed Rulemaking 
(NPR) (82 FR 37829) and Direct Final Rulemaking (DFRN) (82 FR 37819) 
proposing to approve and approving, respectively, Connecticut's 
demonstration that its nonattainment new source review regulations 
approved into the state implementation plan meet the requirements of 
the 2008 8-hour ozone standard. The demonstration was submitted on 
March 9, 2017 by the CT DEEP as a SIP revision. In the DFRN, EPA stated 
that if an adverse comment were to be submitted to EPA by September 13, 
2017, the action would be withdrawn and not take effect, and a final 
rule would be issued based on the NPR. EPA received one adverse comment 
prior to the close of the comment period. Therefore, EPA withdrew the 
DFRN on October 13, 2017 (82 FR 47630). This action is a final rule 
based on the NPR. A detailed discussion of Connecticut's March 9, 2017 
SIP revision and EPA's rationale for approving the SIP revision was 
provided in the DFRN and will not be restated here, except to the 
extent it is relevant to our response to the public comment we 
received.

II. Response to Comment

    EPA received one adverse comment on its August 14, 2017 (82 FR 
37829) Notice of Proposed Rulemaking.
    Comment: The commenter stated that EPA is required to evaluate 
Connecticut's NNSR SIP as it relates to the ozone transport region 
(OTR) requirements in section 184 of the CAA.
    Response: The Connecticut SIP's NNSR requirements are at least as 
stringent, and in some instances more

[[Page 6969]]

stringent, than what is required by CAA section 184. That is the reason 
why EPA's DFRN did not discuss the section 184 requirements. As stated 
in the DFRN, Connecticut's SIP-approved NNSR regulation contains the 
CAA's NNSR requirements applicable to serious and severe nonattainment 
areas, even though the two nonattainment areas in the State are now 
classified as moderate nonattainment under the 2008 8-hour ozone NAAQS. 
Connecticut retained these requirements based on its designations and 
classifications associated with the earlier, revoked 1-hour ozone 
standard, effective November 15, 1990. For example, the Connecticut 
SIP's major stationary source threshold for nitrogen oxides 
(NOX) and volatile organic compounds (VOC) in the area of 
the State defined in the SIP as a ``Severe nonattainment area for 
ozone'' is 25 tons per year. The SIP defines ``Severe nonattainment 
area for ozone'' as 24 specific towns, independently from how these 
towns are currently classified under the ozone NAAQS. The SIP defines 
the remaining towns in the State as ``Serious nonattainment area for 
ozone.'' The Connecticut SIP's major stationary source threshold for 
NOX and VOC in the area of the State defined in the SIP as a 
``Serious nonattainment area for ozone'' is 50 tons per year. Section 
184(b)(2) of the CAA provides that stationary sources that emit or have 
the potential to emit at least 50 tons per year of VOCs shall be 
considered a major stationary source and are subject to the 
requirements that would be applicable to major stationary sources if 
the area were classified as a moderate nonattainment area. For areas 
within the OTR that are classified as marginal nonattainment, moderate 
nonattainment, attainment, or unclassifiable, the major stationary 
source threshold for sources of NOX is 100 tons per year. 
See 40 CFR 51.165(a)(1)(iv)(A)(2). Thus, Connecticut's NNSR SIP 
contains major stationary source thresholds that are at least as 
stringent as, and in some instances more stringent than, the thresholds 
required by CAA section 184 and EPA's implementing regulations.
    Connecticut's NNSR SIP also contains more stringent modification 
thresholds for VOC and NOX, as precursors to ozone, in the 
State's SIP definition of ``Major modification.'' The Connecticut SIP's 
major modification thresholds for NOX and VOC are both 25 
tons per year. Under the CAA's implementing regulations, for areas 
within the OTR that are classified as marginal nonattainment, moderate 
nonattainment, attainment, or unclassifiable, the major modification 
thresholds for both ozone precursors is 40 tons per year. See 40 CFR 
51.165(a)(1)(x). Thus, Connecticut's NNSR SIP contains major 
modification thresholds that are more stringent than the thresholds 
required by CAA section 184 and EPA's implementing regulations.
    Connecticut's NNSR SIP is at least as stringent in all respects as 
compared to the OTR requirements contained in CAA section 184. By 
demonstrating that Connecticut's NNSR SIP meets the requirements for 
serious or severe nonattainment areas, the Connecticut SIP is shown to 
be as stringent, or in some instances, more stringent, than the 
requirements of section 184 of the CAA as it pertains to the NNSR 
permit program.

III. Final Action

    EPA is approving Connecticut's March 9, 2017, SIP revision 
addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for 
both nonattainment areas in the State. The approval encompasses both 
the original designations under the 2008 8-hour ozone NAAQS of marginal 
and the subsequent reclassification of both nonattainment areas to 
moderate. The approval also includes the applicable NNSR provisions of 
Connecticut's regulations that satisfy the CAA's anti-backsliding 
requirements. That is, Connecticut's SIP retains the NNSR requirements 
applicable to serious and severe nonattainment areas (associated with 
the earlier, revoked 1-hour ozone standard), even though the two 
nonattainment areas in the State are now classified as moderate 
nonattainment areas for the 2008 ozone NAAQS. By demonstrating that 
Connecticut's SIP meets the NNSR requirements for serious and severe 
nonattainment areas, EPA has concluded that the State's submission 
fulfills the requirements of 40 CFR 51.1114, and meets the requirements 
of CAA sections 110, 182, and 184 as well as the minimum SIP 
requirements of 40 CFR 51.165.

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 (Public Law 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

[[Page 6970]]

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 Second Circuit by April 17, 2018. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 6, 2018.
Alexandra Dapolito Dunn,
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 52.377 is amended by adding paragraph (r) to read as 
follows:


Sec.  52.377  Control strategy: Ozone.

* * * * *
    (r) Approval--Submittal from the Connecticut Department of Energy 
and Environmental Protection dated March 9, 2017, to address the 
nonattainment new source review requirements for the 2008 8-hour ozone 
NAAQS for the Greater Connecticut and the New York-N. New Jersey-Long 
Island, NY-NJ-CT ozone nonattainment areas, as it meets the 
requirements for both the State's marginal and moderate 
classifications.

[FR Doc. 2018-03252 Filed 2-15-18; 8:45 am]
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