[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Proposed Rules]
[Pages 32330-32338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11335]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0223; FRL-10010-14-Region 1]


Air Plan Approval; Connecticut; Infrastructure State 
Implementation Plan Requirements for the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Connecticut. This revision addresses the infrastructure 
requirements of the Clean Air Act (CAA or Act)--excluding the 
interstate transport provisions--for the 2015 ozone National Ambient 
Air Quality Standards (NAAQS). The infrastructure requirements are 
designed to ensure that the structural components of each state's air-
quality management program are adequate to meet the state's 
responsibilities under the CAA. This action is being taken under the 
Clean Air Act.

DATES: Written comments must be received on or before June 29, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0223 at https://www.regulations.gov, or via email to 
simcox.alison@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: Alison C. Simcox, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109--3912, tel. (617) 
918-1684, email simcox.alison@epa.gov.

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

Table of Contents

I. Background and Purpose
    A. What is the scope of this rulemaking?

[[Page 32331]]

    B. What guidance is EPA using to evaluate these SIP submissions?
II. EPA's Evaluation of Connecticut's Infrastructure SIP for the 
2015 Ozone Standard
    A. Section 110(a)(2)(A)--Emission Limits and Other Control 
Measures
    B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data 
System
    C. Section 110(a)(2)(C)--Program for Enforcement of Control 
Measures and for Construction or Modification of Stationary Sources
    D. Section 110(a)(2)(D)--Interstate Transport
    E. Section 110(a)(2)(E)--Adequate Resources
    F. Section 110(a)(2)(F)--Stationary Source Monitoring System
    G. Section 110(a)(2)(G)--Emergency Powers
    H. Section 110(a)(2)(H)--Future SIP Revisions
    I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan 
Revisions Under Part D
    J. Section 110(a)(2)(J)--Consultation With Government Officials; 
Public Notifications; Prevention of Significant Deterioration; 
Visibility Protection
    K. Section 110(a)(2)(K)--Air Quality Modeling/Data
    L. Section 110(a)(2)(L)--Permitting Fees
    M. Section 110(a)(2)(M)--Consultation/Participation by Affected 
Local Entities
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On October 1, 2015, EPA promulgated a revision to the ozone NAAQS 
(2015 ozone NAAQS), lowering the level of both the primary and 
secondary standards to 0.070 parts per million (ppm).\1\ Section 
110(a)(1) of the CAA requires states to submit, within 3 years after 
promulgation of a new or revised standard, SIPs meeting the applicable 
requirements of section 110(a)(2).\2\ On September 7, 2018, the 
Connecticut Department of Energy and Environmental Protection (CT DEEP) 
submitted a revision to its State Implementation Plan (SIP). The SIP 
revision addresses the infrastructure requirements of CAA sections 
110(a)(1) and 110(a)(2)--excluding the ``Good Neighbor'' or 
``transport'' provisions--for the 2015 ozone NAAQS.
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    \1\ National Ambient Air Quality Standards for Ozone, Final 
Rule, 80 FR 65292 (October 26, 2015). Although the level of the 
standard is specified in the units of ppm, ozone concentrations are 
also described in parts per billion (ppb). For example, 0.070 ppm is 
equivalent to 70 ppb.
    \2\ SIP revisions that are intended to meet the applicable 
requirements of section 110(a)(1) and (2) of the CAA are often 
referred to as infrastructure SIPs and the applicable elements under 
110(a)(2) are referred to as infrastructure requirements.
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A. What is the scope of this rulemaking?

    EPA is acting on a SIP submission from Connecticut on the 
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for 
the 2015 ozone NAAQS (excluding the transport provisions).
    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This 
particular type of SIP submission is commonly referred to as an 
``infrastructure SIP.'' These submissions must meet the various 
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity 
in some of the language of CAA section 110(a)(2), EPA believes that it 
is appropriate to interpret these provisions in the specific context of 
acting on infrastructure SIP submissions. EPA has previously provided 
comprehensive guidance on the application of these provisions through a 
guidance document for infrastructure SIP submissions and through 
regional actions on infrastructure submissions.\3\ Unless otherwise 
noted below, we are following that existing approach in acting on this 
submission. In addition, in the context of acting on such 
infrastructure submissions, EPA evaluates the submitting state's SIP 
for compliance with statutory and regulatory requirements, not for the 
state's implementation of its SIP.\4\ EPA has other authority to 
address any issues concerning a state's implementation of the rules, 
regulations, consent orders, etc. that comprise its SIP.
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    \3\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013, Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on Connecticut's infrastructure SIP to address the 2012 
PM2.5 NAAQS. See 83 FR 37437 (August 1, 2018).
    \4\ See Montana Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
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B. What guidance is EPA using to evaluate Connecticut's infrastructure 
SIP submission?

    EPA highlighted the statutory requirement to submit infrastructure 
SIPs within 3 years of promulgation of a new NAAQS in an October 2, 
2007, guidance document entitled ``Guidance on SIP Elements Required 
Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards'' (2007 
memorandum). EPA has issued additional guidance documents and 
memoranda, including a September 13, 2013, guidance document entitled 
``Guidance on Infrastructure State Implementation Plan (SIP) Elements 
under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' (2013 
memorandum).

II. EPA's Evaluation of Connecticut's Infrastructure SIP for the 2015 
Ozone Standard

    In this notice of proposed rulemaking, EPA is proposing action on 
Connecticut's September 7, 2018, infrastructure SIP submission for the 
2015 ozone NAAQS, excluding the interstate transport provisions 
(section 110(a)(2)(D)(i)), which will be addressed in a future action. 
In Connecticut's submission, a detailed list of Connecticut Laws and 
previously SIP-approved Air Quality Regulations show precisely how the 
various components of its EPA-approved SIP meet each of the 
requirements of section 110(a)(2) of the CAA for the 2015 ozone NAAQS. 
The following review evaluates the state's submission in light of 
section 110(a)(2) requirements and relevant EPA guidance. For the 
state's September 2018 submission, we provide an evaluation of the 
applicable Section 110(a)(2) elements, excluding the transport 
provisions.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section (also referred to in this action as an element) of the 
Act requires SIPs to include enforceable emission limits and other 
control measures, means or techniques, schedules for compliance, and 
other related matters. However, EPA has long interpreted emission 
limits and control measures for attaining the standards as being due 
when nonattainment planning requirements are due.\5\ In the context of 
an infrastructure SIP, EPA is not evaluating the existing SIP 
provisions for this purpose. Instead, EPA is only evaluating whether 
the state's SIP has basic structural provisions for the implementation 
of the NAAQS.
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    \5\ See, for example, EPA's final rule on ``National Ambient Air 
Quality Standards for Lead,'' 73 FR 66964, 67034 (November 12, 
2008).
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    In its September 2018 submittal for the 2015 ozone NAAQS, 
Connecticut cites provisions of Connecticut General Statutes (CGS) and 
Regulations of Connecticut State Agencies (RCSA) in satisfaction of 
element A. Connecticut Public Act No. 11-80 established the CT DEEP, 
and CGS section 22a-6(a)(1) provides the Commissioner of CT DEEP 
authority to adopt, amend or repeal environmental standards, criteria 
and regulations. It is under this general grant of authority that the 
Commissioner has adopted emissions standards and control measures for a 
variety of sources and pollutants.

[[Page 32332]]

    Under Element A of the September 2018 submittal, the state also 
cites more than 20 Regulations of Connecticut State Agencies (RCSA) 
that it has adopted to control the emissions related to ozone and ozone 
precursors (nitrogen oxides (NOx) and volatile organic compounds 
(VOCs). A few, with their EPA approval citation \6\ are listed here: 
RCSA section 22a-174-3a(l), Nonattainment New Source Review (NNSR) 
(February 16, 2018, 83 FR 6968); RCSA sections 22a-174-22e, Control of 
nitrogen oxides emissions, -22f, High daily NOX emitting 
units at non-major sources of NOX, and -38, Municipal Waste 
Combustors (July 31, 2017, 82 FR 35454); and RCSA section 22a-174-30a, 
Stage I vapor recovery (July 31, 2017, 82 FR 35454).
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    \6\ The citations reference the most recent EPA approval of the 
stated rule or of revisions to the rule.
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    EPA proposes that Connecticut meets the infrastructure requirements 
of section 110(a)(2)(A) for the 2015 ozone NAAQS.

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to provide for establishment and 
operation of appropriate devices, methods, systems, and procedures 
necessary to monitor, compile, and analyze ambient air quality data, 
and to make these data available to EPA upon request. Each year, states 
submit annual air monitoring network plans to EPA for review and 
approval. EPA's review of these annual monitoring plans includes our 
evaluation of whether the state: (i) Monitors air quality at 
appropriate locations throughout the state using EPA-approved Federal 
Reference Methods or Federal Equivalent Method monitors; (ii) submits 
data to EPA's Air Quality System (AQS) in a timely manner; and (iii) 
provides EPA Regional Offices with prior notification of any planned 
changes to monitoring sites or the network plan.
    Connecticut statute, CGS section 22a-174(d), ``provides the 
Commissioner with all incidental powers necessary to control air 
pollution.'' CT DEEP operates an air-quality monitoring network, and 
EPA approved the state's 2019 Annual Air Monitoring Network Plan on 
August 15, 2019.\7\ Furthermore, Connecticut populates EPA's Air 
Quality System (AQS) with air-quality monitoring data in a timely 
manner and provides EPA with prior notification when considering a 
change to its monitoring network or plan. EPA proposes that Connecticut 
meets the infrastructure SIP requirements of section 110(a)(2)(B) for 
the 2015 ozone NAAQS.
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    \7\ See EPA approval letter located in the docket for this 
action.
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C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures 
and for Construction or Modification of Stationary Sources

    States are required to include a program providing for enforcement 
of all SIP measures and for the regulation of construction of new or 
modified stationary sources to meet new source review (NSR) 
requirements under prevention of significant deterioration (PSD) and 
nonattainment new source review (NNSR) programs. Part C of the CAA 
(sections 160-169B) addresses PSD, while part D of the CAA (sections 
171-193) addresses NNSR requirements.
    The evaluation of each state's submission addressing the 
infrastructure SIP requirements of section 110(a)(2)(C) covers the 
following: (i) Enforcement of SIP measures; (ii) PSD program for major 
sources and major modifications; and (iii) a permit program for minor 
sources and minor modifications.
Sub-Element 1: Enforcement of SIP Measures
    State law provides the Commissioner of CT DEEP with the authority 
to enforce air pollution control requirements pursuant to CGS Title 
22a. Specifically, CGS sections 22a-6 and 22a-6b authorize the 
Commissioner to inspect and investigate to ascertain whether violations 
of any statute, regulation, or permit may have occurred and to impose 
civil penalties. Additionally, CGS section 22a-171 requires the 
Commissioner to ``adopt, amend, repeal, and enforce regulations . . . 
and do any other act necessary to enforce the provisions of'' CGS 
sections 22a-170 through 22a-206, which provide CT DEEP with the 
authority to, among other things, enforce its regulations, issue orders 
to correct violations of regulations or permits, impose state 
administrative penalties, and seek judicial relief.
    EPA proposes that Connecticut meets the enforcement of SIP measures 
requirements of section 110(a)(2)(C) for the 2015 ozone NAAQS.
Sub-Element 2: Psd Program for Major Sources and Major Modifications
    PSD applies to new major sources or modifications made to major 
sources for pollutants where the area in which the source is located is 
in attainment of, or unclassifiable with regard to, the relevant NAAQS. 
EPA interprets the CAA as requiring each state to make an 
infrastructure SIP submission for a new or revised NAAQS demonstrating 
that the air agency has a complete PSD permitting program in place 
satisfying the current requirements for all regulated NSR pollutants. 
CT DEEP's EPA-approved PSD rules in RCSA sections 22a-174-1, 22a-174-
2a, and 22a-174-3a contain provisions that address applicable 
requirements for all regulated NSR pollutants, including greenhouse 
gases (GHGs).
    EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient 
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects 
of the 1990 Amendments Relating to New Source Review and Prevention of 
Significant Deterioration as They Apply in Carbon Monoxide, Particulate 
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase 
2 Rule) was published on November 29, 2005 (70 FR 71612). Among other 
requirements, the Phase 2 Rule obligated states to revise their PSD 
programs to explicitly identify NOX as a precursor to ozone. 
See 70 FR 71679 at 71699-700. Connecticut's EPA-approved PSD rules 
contain provisions needed to ensure that NOX is treated as a 
precursor to ozone. EPA approved the necessary revisions to RCSA 
section 22a-174-3a on August 1, 2018. See 83 FR 37437.
    Except as noted below, Connecticut has a comprehensive PSD 
permitting program in place covering the structural PSD permitting 
program requirements for all regulated NSR pollutants. EPA's PSD 
regulations at 40 CFR 51.166(l) require a State's SIP to ``provide for 
procedures which specify that [a]ll applications of air quality 
modeling . . . shall be based on the applicable models, data bases, and 
other requirements specified in'' EPA's Guideline on Air Quality Models 
in appendix W of 40 CFR part 51, which were most recently revised on 
January 17, 2017. 82 FR 5182; see also 82 FR 14324 (Mar. 20, 2017). As 
explained in our evaluation of section 110(a)(2)(K) requirements later 
in this notice, Connecticut's SIP currently provides that the DEEP 
Commissioner may request an owner or operator to submit an ambient air-
quality impact analysis using air quality models, databases or other 
techniques that have been approved by the DEEP Commissioner, but does 
not specify that such models, databases, or techniques shall be based 
on requirements specified in appendix W. See RCSA Sec.  22a-174-
3a(i)(2). Connecticut DEEP has committed, however, to pursuing a 
revision to section 22a-174-3a(i)(2) that would provide that such 
models, databases, and other techniques must also have been approved by 
the EPA

[[Page 32333]]

Administrator and submitting this revision, for inclusion in the SIP, 
to EPA within one year of our final approval of today's action. Because 
the EPA Administrator's approved modeling requirements are found in 
appendix W, this revision would satisfy the section 51.166(l) 
requirement that the SIP provide for procedures that specify that all 
applications of modeling be based on the requirements in appendix W. 
Consequently, we are proposing to conditionally approve Connecticut's 
submittal for the PSD sub-element of section 110(a)(2)(C) for the 2015 
ozone NAAQS.
Sub-Element 3: Preconstruction Permitting for Minor Sources and Minor 
Modifications
    To address the pre-construction regulation of the modification and 
construction of minor stationary sources and minor modifications of 
major stationary sources, an infrastructure SIP submission should 
identify the existing EPA-approved SIP provisions and/or include new 
provisions that govern the minor source pre-construction program that 
regulate emissions of the relevant NAAQS pollutants. On February 28, 
2003, EPA approved updates to Connecticut's minor NSR program. See 68 
FR 9009. Connecticut and EPA rely on the existing minor NSR program to 
ensure that new and modified sources not captured by the major NSR 
permitting programs do not interfere with attainment and maintenance of 
the 2015 ozone NAAQS.
    We are proposing to find that Connecticut meets the requirement to 
have a SIP approved minor new source review permit program as required 
under section 110(a)(2)(C) for the 2015 ozone NAAQS.

D. Section 110(a)(2)(D)--Interstate Transport for the 2015 Ozone 
Standard

    One of the structural requirements of section 110(a)(2) is section 
110(a)(2)(D)(i), also known as the ``good neighbor'' provisions, which 
generally requires SIPs to contain adequate provisions to prohibit in-
state emissions activities from having certain adverse air quality 
effects on neighboring states due to interstate transport of air 
pollution.
    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from emitting any air pollutant in amounts that will contribute 
significantly to nonattainment, or interfere with maintenance, of the 
NAAQS in another state. The two provisions of this section are referred 
to as Prong 1 (significant contribution to nonattainment) and Prong 2 
(interference with maintenance) and together make up sub-element 1 of 
section 110(a)(2)(D). A state's SIP submission for Prongs 1 and 2 is 
also referred to as a state's ``Transport SIP.'' Today's action does 
not include a Transport SIP (i.e., Prongs 1 and 2 or sub-element 1). 
Connecticut's Transport SIP for the 2015 ozone NAAQS will be addressed 
in a future action.
    Today's action, however, does contain Prong 3 and 4 of Section 
110(a)(2)(D)(i)(II). These require SIPs to contain adequate provisions 
to prohibit emissions that will interfere with measures required to be 
included in the applicable implementation plan for any other state 
under part C to prevent significant deterioration of air quality (Prong 
3) or to protect visibility (Prong 4). Today's action also includes 
Section 110(a)(2)(D)(ii) of the Act, which requires SIPs to contain 
provisions to ensure compliance with sections 115 and 126 of the Act 
relating to interstate and international pollution abatement.
Section 110(a)(2)(D)(i)(II)--PSD (Prong 3)
    To prevent significant deterioration of air quality, this sub-
element requires SIPs to include provisions that prohibit any source or 
other type of emissions activity in one state from interfering with 
measures that are required in any other state's SIP under Part C of the 
CAA. As explained in the 2013 memorandum, a state may meet this 
requirement with respect to in-state sources and pollutants that are 
subject to PSD permitting through a comprehensive PSD permitting 
program that applies to all regulated NSR pollutants and that satisfies 
the requirements of EPA's PSD implementation rules. As discussed above 
under element C, Connecticut's PSD program fully satisfies the 
requirements of EPA's PSD implementation rules, with one exception. As 
also noted in our discussion of element C, Connecticut DEEP has 
committed to pursuing a revision to its regulations to address the 
modeling issue. Consequently, EPA has in today's notice proposed to 
conditionally approve all of the PSD-related elements of this 
infrastructure SIP.
    As also explained in the 2013 memorandum, a state may meet the 
prong 3 requirement with respect to in-state sources and pollutants 
subject to nonattainment NSR permitting through a fully approved NNSR 
program. With respect to NNSR, Connecticut regulations contain 
provisions for how the state must treat and control sources in 
nonattainment areas, consistent with 40 CFR 51.165, or Appendix S to 40 
CFR 51. RCSA section 22a-174-3a(k) and 3a(i).
    EPA proposes to conditionally approve Connecticut for the PSD 
requirements of 110(a)(2)(D)(i)(II) for the 2015 ozone NAAQS
Section 110(a)(2)(D)(i)(II)--Visibility Protection (Prong 4)
    With regard to applicable requirements for visibility protection of 
section 110(a)(2)(D)(i)(II), states are subject to visibility and 
regional haze program requirements under part C of the CAA (which 
includes sections 169A and 169B). The 2009 memorandum, 2011 memorandum, 
and 2013 memorandum recommend that these requirements can be satisfied 
by an approved SIP addressing reasonably attributable visibility 
impairment, if required, or an approved SIP addressing regional haze. A 
fully approved regional haze SIP meeting the requirements of 40 CFR 
51.308 will include all measures needed to achieve the state's 
apportionment of emission reduction obligations agreed upon through a 
regional planning process and will, therefore, ensure that emissions 
from sources under the air agency's jurisdiction are not interfering 
with measures required to be included in other air agencies' plans to 
protect visibility. EPA approved Connecticut's Regional Haze SIP on 
July 10, 2014. See 79 FR 39322. Accordingly, EPA proposes that 
Connecticut meets the visibility protection requirements of 
110(a)(2)(D)(i)(II) for the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--Interstate Pollution Abatement.
    This sub-element requires each SIP to contain provisions requiring 
compliance with requirements of section 126 relating to interstate 
pollution abatement. Section 126(a) requires new or modified sources to 
notify neighboring states of potential impacts from the source. The 
statute does not specify the method by which the source should provide 
the notification. States with SIP-approved PSD programs must have a 
provision requiring such notification by new or modified sources.
    On July 24, 2015 (80 FR 43960), EPA approved revisions to 
Connecticut's PSD program, including the element pertaining to 
notification to neighboring states of the issuance of PSD permits. 
Therefore, we propose to approve Connecticut's compliance with the 
infrastructure SIP requirements of section 126(a) with respect to the 
2015 ozone NAAQS. Connecticut has no

[[Page 32334]]

obligations under any other provision of section 126, and no source or 
sources within the state are the subject of an active finding under 
section 126 of the CAA with respect to the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--International Pollution Abatement
    This sub-element also requires each SIP to contain provisions 
requiring compliance with the applicable requirements of section 115 
relating to international pollution abatement. Section 115 authorizes 
the Administrator to require a state to revise its SIP to alleviate 
international transport into another country where the Administrator 
has made a finding with respect to emissions of the particular NAAQS 
pollutant and its precursors, if applicable. There are no final 
findings under section 115 of the CAA against Connecticut with respect 
to the 2015 ozone NAAQS. Therefore, EPA is proposing that Connecticut 
meets the applicable infrastructure SIP requirements of section 
110(a)(2)(D)(ii) related to section 115 of the CAA for the 2015 ozone 
NAAQS.

E. Section 110(a)(2)(E)--Adequate Resources

    Section 110(a)(2)(E)(i) requires each SIP to provide assurances 
that the state will have adequate personnel, funding, and legal 
authority under state law to carry out its SIP. In addition, section 
110(a)(2)(E)(ii) requires each state to comply with the requirements 
for state boards in CAA section 128. Finally, section 110(a)(2)(E)(iii) 
requires that, where a state relies upon local or regional governments 
or agencies for the implementation of its SIP provisions, the state 
retain responsibility for ensuring implementation of SIP obligations 
with respect to relevant NAAQS. Section 110(a)(2)(E)(iii), however, 
does not apply to this action because Connecticut does not rely upon 
local or regional governments or agencies for the implementation of its 
SIP provisions.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under 
State Law To Carry Out Its SIP, and Related Issues
    Connecticut, through its infrastructure SIP submittal, has 
documented that its air agency has authority and resources to carry out 
its SIP obligations. CGS section 22a-171 authorizes the CT DEEP 
Commissioner to enforce the state's air laws, accept and administer 
grants, and exercise incidental powers necessary to carry out the law. 
The Connecticut SIP, as originally submitted on March 3, 1972, and 
subsequently amended, provides additional descriptions of the 
organizations, staffing, funding and physical resources necessary to 
carry out the plan.
    EPA proposes that Connecticut meets the infrastructure SIP 
requirements of this portion of section 110(a)(2)(E) for the 2015 ozone 
NAAQS.
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
    Section 110(a)(2)(E)(ii) requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision contains two explicit requirements: (1) That any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (2) that any potential conflicts of interest by 
members of such board or body, or the head of an executive agency with 
similar powers, be adequately disclosed. Section 128 further provides 
that a state may adopt more stringent conflicts of interest 
requirements and requires EPA to approve any such requirements 
submitted as part of a SIP.
    In Connecticut, no board or body approves permits or enforcement 
orders; these are approved by the Commissioner of CT DEEP. Thus, with 
respect to this sub-element, Connecticut is subject only to the 
requirements of paragraph (a)(2) of section 128 of the CAA (regarding 
conflicts of interest).
    Connecticut's September 7, 2018, infrastructure SIP refers to the 
state's conflict-of-interest provisions in CGS section 1-85, which 
apply to all state employees and public officials. Section 1-85 
prevents the Commissioner from acting on a matter in which the 
Commissioner has an interest that is ``in substantial conflict with the 
proper discharge of his duties or employment in the public interest and 
of his responsibilities as prescribed in the laws of'' Connecticut. EPA 
approved CGS section 1-85 into the Connecticut SIP on June 3, 2016. See 
81 FR 35636.
    EPA proposes that Connecticut meets the infrastructure SIP 
requirements of this portion of section 110(a)(2)(E) for the 2015 ozone 
NAAQS.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the implementation of other necessary steps, by owners or operators 
of stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and correlation 
of such reports by each state agency with any emission limitations or 
standards. Lastly, the reports shall be available at reasonable times 
for public inspection.
    CGS section 22a-6(a)(5) authorizes the Commissioner to enter at all 
reasonable times, any public or private property (except a private 
residence) to investigate possible violations of any statute, 
regulation, order or permit. Additionally, CGS section 22a-174 
authorizes the Commissioner to require periodic inspection of sources 
of air pollution and to require any person to maintain, and to submit 
to CT DEEP, certain records relating to air pollution or to the 
operation of facilities designed to abate air pollution. For monitoring 
possible air violations, CT DEEP implements RCSA section 22a-174-4 
(Source monitoring, record keeping and reporting) to require the 
installation, maintenance, and use of emissions monitoring devices and 
to require periodic reporting to the Commissioner of the nature and 
extent of the emissions. On July 16, 2014, EPA approved Section 22a-
174-4 into the Connecticut SIP. See 79 FR 41427.
    Additionally, CT DEEP implements RCSA section 22a-174-5 (Methods 
for sampling, emissions testing, sample analysis, and reporting), which 
provides, among other things, specific test methods to be used to 
demonstrate compliance with various aspects of Connecticut's air 
regulations. EPA approved this rule on December 19, 1980. See 46 FR 
43418. Furthermore, under RCSA section 22a-174-10 (Public availability 
of information) emissions data are to be available to the public and 
are not entitled to protection as a trade secret. EPA approved this 
rule on October 28, 1972. See 37 FR 23085.
    Connecticut routinely collects information on air emissions from 
its industrial sources and makes this information available to the 
public. In addition, RCSA section 22a-174-10 requires that emission 
data made public by CT DEEP shall be presented in such a manner as to 
show the relationship (or correlation) between measured emissions and 
the applicable emission limitations or standards, as required by CAA 
Sec.  110(a)(2)(F)(iii).
    Therefore, EPA proposes that Connecticut meets the infrastructure 
SIP

[[Page 32335]]

requirements of section 110(a)(2)(F) for the 2015 ozone NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for state authority 
analogous to that provided to the EPA Administrator in section 303 of 
the CAA, and adequate contingency plans to implement such authority. 
Section 303 of the CAA provides authority to the EPA Administrator to 
seek a court order to restrain any source from causing or contributing 
to emissions that present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' Section 303 further 
authorizes the Administrator to issue ``such orders as may be necessary 
to protect public health or welfare or the environment'' in the event 
that ``it is not practicable to assure prompt protection . . . by 
commencement of such civil action.''
    Connecticut's September 7, 2018, infrastructure SIP notes that CGS 
section 22a-181 (Emergency action) authorizes the Commissioner of the 
CT DEEP to issue an order requiring any person to immediately reduce or 
discontinue air pollution as required to protect the public health or 
safety. In addition, in a letter to EPA dated August 5, 2015, 
Connecticut stated that CGS section 22a-7 provides the Commissioner 
with emergency powers similar to those provided to the EPA 
Administrator in section 303.\8\ Specifically, CGS section 22a-7 states 
that ``whenever he [the Commissioner] finds that any person is causing, 
engaging in or maintaining, or is about to cause, engage in or 
maintain, any condition or activity which, in his judgment, will result 
in or is likely to result in imminent and substantial damage to the 
environment, or to public health within the jurisdiction of the 
Commissioner under the provisions of chapters 440, 441, 442, 445, 446a, 
446c [Air Pollution Control] . . . may, without prior hearing, issue a 
cease and desist order in writing to such person to discontinue, abate 
or alleviate such condition or activity.''
---------------------------------------------------------------------------

    \8\ August 5, 2015, letter from Connecticut is included in the 
docket for today's action.
---------------------------------------------------------------------------

    This section further provides the Commissioner with the authority 
to seek a court ``to enjoin any person from violating a cease and 
desist order issued pursuant to [section 22a-7] and to compel 
compliance with such order.''
    Section 110(a)(2)(G) requires a state to submit for EPA approval a 
contingency plan to implement the air agency's emergency episode 
authority for any Air Quality Control Region (AQCR) within the state 
that is classified as Priority I, IA, or II for certain pollutants. See 
40 CFR 51.150. This requirement may be satisfied by submitting a plan 
that meets the applicable requirements of 40 CFR part 51, subpart H (40 
CFR 51.150 through 51.153) (``Prevention of Air Pollution Emergency 
Episodes'') for the relevant NAAQS. Connecticut has ``Air pollution 
emergency episode procedures'' at RCSA section 22a-174-6 that EPA has 
previously evaluated and approved as satisfying the requirements of 
section 110(a)(2)(G) in the context of ozone. See 81 FR 35636 (June 3, 
2016); 80 FR 54471 (September 10, 2015).
    We propose to find that Connecticut law provides for authority 
comparable to that provided to the Administrator in section 303 and 
adequate contingency plans to implement that authority. Therefore, EPA 
proposes that Connecticut meets the applicable infrastructure SIP 
requirements for section 110(a)(2)(G) with respect to contingency plans 
for the 2015 ozone NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires that a state's SIP provide for revision from 
time to time, as may be necessary, to take account of changes in the 
NAAQS or availability of improved methods for attaining the NAAQS and 
whenever EPA finds that the SIP is substantially inadequate. To address 
this requirement, Connecticut's September 7, 2018, infrastructure SIP 
submittal certifies that its SIP may be revised should EPA find that it 
is substantially inadequate to attain a standard or to comply with any 
additional requirements under the CAA, and notes that CGS section 22a-
174(d) grants the Commissioner all incidental powers necessary to 
control and prohibit air pollution. EPA proposes that Connecticut meets 
the infrastructure SIP requirements of section 110(a)(2)(H) for the 
2015 ozone NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions 
Under Part D

    Section 110(a)(2)(I) provides that each plan or plan revision for 
an area designated as a nonattainment area shall meet the applicable 
requirements of part D of the CAA. EPA interprets section 110(a)(2)(I) 
to be inapplicable to the infrastructure SIP process because specific 
SIP submissions for designated nonattainment areas, as required under 
part D, are subject to a different submission schedule under subparts 2 
through 5 of part D, extending as far as 10 years following area 
designations for some elements, whereas infrastructure SIP submissions 
are due within three years after adoption or revision of a NAAQS. 
Accordingly, EPA takes action on part D attainment plans through 
separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public 
Notifications; Prevention of Significant Deterioration; Visibility 
Protection

    Section 110(a)(2)(J) of the CAA requires that each SIP ``meet the 
applicable requirements of section 121 of this title (relating to 
consultation), section 127 of this title (relating to public 
notification), and part C of this subchapter (relating to PSD of air 
quality and visibility protection).'' The evaluation of the submission 
from Connecticut with respect to these requirements is described below.
Sub-Element 1: Consultation With Government Officials
    Pursuant to CAA section 121, a state must provide a satisfactory 
process for consultation with local governments and Federal Land 
Managers (FLMs) in carrying out its NAAQS implementation requirements.
    CGS section 22a-171 (Duties of Commissioner of Energy and 
Environmental Protection) directs the Commissioner to consult with 
agencies of the United States, agencies of the state, political 
subdivisions and industries and any other affected groups in matters 
relating to air quality. Additionally, CGS section 22a-171, which EPA 
approved into Connecticut's SIP on June 3, 2016 (81 FR 35636), directs 
the Commissioner to initiate and supervise statewide programs of air 
pollution control education and to adopt, amend, repeal and enforce air 
regulations.
    Furthermore, RCSA section 22a-174-2a, which EPA approved into the 
Connecticut SIP on July 24, 2015 (80 FR 43960), directs CT DEEP to 
notify relevant municipal officials and FLMs, among others, of 
tentative determinations by CT DEEP with respect to certain permits. 
Therefore, EPA proposes that Connecticut meets the infrastructure SIP 
requirements of this portion of section 110(a)(2)(J) for the 2015 ozone 
NAAQS.
Sub-Element 2: Public Notification
    Pursuant to CAA section 127, states must notify the public if NAAQS 
are exceeded in an area, advise the public of health hazards associated 
with exceedances, and enhance public awareness of measures that can be 
taken to prevent exceedances and of ways in

[[Page 32336]]

which the public can participate in regulatory and other efforts to 
improve air quality.
    As part of the fulfillment of CGS section 22a-171 (Duties of 
Commissioner of Energy and Environmental Protection), Connecticut 
issues press releases and posts warnings on its website advising people 
what they can do to help prevent NAAQS exceedances and avoid adverse 
health effects on poor air quality days. Connecticut is also an active 
partner in EPA's AirNow and Enviroflash air-quality-alert programs. In 
addition, in 2014, Connecticut revised CGS section 4-168 to require 
that state regulations be submitted through the state's e-regulations 
system, thus creating an additional way for the public to access any 
changes to state regulations.
    EPA proposes that Connecticut meets the infrastructure SIP 
requirements of this portion of section 110(a)(2)(J) for the 2015 ozone 
NAAQS.
Sub-Element 3: PSD
    EPA has already discussed Connecticut's PSD program in the context 
of infrastructure SIPs in the paragraphs addressing section 
110(a)(2)(C) and 110(a)(2)(D)(i)(II) and determined that it satisfies 
the requirements of EPA's PSD implementation rules, with the exception 
of the modeling provision. Therefore, the SIP also satisfies the PSD 
sub-element of section 110(a)(2)(J) for the 2015 ozone NAAQS, except 
for the modeling requirement. For the same reasons discussed under 
element C above, EPA proposes to conditionally approve the SIP for the 
PSD sub-element of section 110(a)(2)(J) for the 2015 ozone NAAQS.
Sub-Element 4: Visibility Protection
    With regard to the applicable requirements for visibility 
protection, states are subject to visibility and regional haze program 
requirements under part C of the CAA (which includes sections 169A and 
169B). In the event of the establishment of a new NAAQS, however, the 
visibility and regional haze program requirements under part C do not 
change. Thus, as noted in EPA's 2013 memorandum, we find that there is 
no new visibility obligation ``triggered'' under section 110(a)(2)(J) 
when a new NAAQS becomes effective. In other words, the visibility 
protection requirements of section 110(a)(2)(J) are not germane to 
infrastructure SIPs for the 2015 ozone NAAQS.
    Based on the above analysis, EPA proposes that Connecticut meets 
the infrastructure SIP requirements of sub-elements 1-3 of section 
110(a)(2)(J) for the 2015 ozone NAAQS. We are not proposing action on 
sub-element 4 because, as noted above, it is not germane to 
infrastructure SIPs.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    Section 110(a)(2)(K) of the Act requires that a SIP provide for the 
performance of such air quality modeling as the EPA Administrator may 
prescribe for the purpose of predicting the effect on ambient air 
quality of any emissions of any air pollutant for which EPA has 
established a NAAQS, and the submission, upon request, of data related 
to such air quality modeling. EPA has published modeling guidelines at 
40 CFR part 51, Appendix W, for predicting the effects of emissions of 
criteria pollutants on ambient air quality. EPA also recommends in the 
2013 memorandum that, to meet section 110(a)(2)(K), a state submit or 
reference the statutory or regulatory provisions that provide the air 
agency with the authority to conduct such air quality modeling and to 
provide such modeling data to EPA upon request.
    CGS section 22a-5 (Duties and powers of commissioner) implicitly 
authorizes the Commissioner of the CT DEEP to perform air quality 
modeling to predict effects on air quality of emissions of any NAAQS 
pollutant and to submit such data to EPA upon request. Connecticut 
reviews the potential impact of major sources consistent with 40 CFR 
part 51, appendix W, ``Guidelines on Air Quality Models.'' In May 2019, 
Connecticut DEEP issued an ``Ambient Impact Analysis Guideline'' for 
performing stationary source air-quality modeling in the state.\9\ This 
guideline recommends procedures that are consistent with EPA's modeling 
guidelines at 40 CFR part 51, Appendix W, as revised January 2017. In 
its submittal, Connecticut also cites RCSA section 22a-174-3a(i), which 
authorizes the commissioner to request any owner or operator to submit 
an ambient air-quality impact analysis using applicable air quality 
models, databases, or other techniques approved by the commissioner. CT 
DEEP updated RCSA section 22a-174-3a(i), effective April 2014. In 
addition, CT DEEP has committed by letter dated January 27, 2020, to 
pursue revisions to RCSA section 22a-174-3a(i) that would further 
specify that the air quality models, databases, and other techniques 
used in an ambient air-quality impact analysis must also be approved by 
the EPA Administrator and to submit them to EPA within one year of EPA 
final approval of today's proposed action.\10\ The EPA Administrator's 
approved air quality models, databases, and other requirements are 
found in EPA's modeling guidelines at 40 CFR part 51, Appendix W. Thus, 
with this revision, Connecticut's SIP would provide for the performance 
of such air quality modeling as the EPA Administrator has prescribed.
---------------------------------------------------------------------------

    \9\ https://www.ct.gov/deep/lib/deep/air/compliance_monitoring/modeling/final_aiag_2018.pdf).
    \10\ January 27, 2020, letter from Connecticut is included in 
the docket for today's action.
---------------------------------------------------------------------------

    The state also collaborates with the Ozone Transport Commission 
(OTC) and the Mid-Atlantic Regional Air Management Association and EPA 
in order to perform large-scale urban airshed modeling for ozone and 
PM, if necessary.
    Because Connecticut has committed to submit, but has not yet 
submitted, necessary revisions to RCSA section 22a-174-3a(i) that would 
provide for the performance of such air quality modeling as the EPA 
Administrator may prescribe, EPA proposes to conditionally approve 
section 110(a)(2)(K) for the 2015 ozone NAAQS.

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate that each major stationary 
source pay permitting fees to cover the cost of reviewing, approving, 
implementing, and enforcing a permit.
    EPA's full approval of Connecticut's Title V program became 
effective on May 31, 2002. See 67 FR 31966. To gain this approval, 
Connecticut demonstrated the ability to collect sufficient fees to run 
the program. CGS section 22a-174(g) directs the Commissioner of CT DEEP 
to require the payment of a fee sufficient to cover the reasonable cost 
of reviewing and acting upon an application for, and monitoring 
compliance with, any state or federal permit, license, registration, 
order, or certificate. CT DEEP implements this directive through state 
regulations at RCSA sections 22a-174-26 and 22a-174-33, which contain 
specific requirements related to permit fees, including fees for Title 
V sources. EPA proposes that Connecticut meets the infrastructure SIP 
requirements of section 110(a)(2)(L) for the 2015 ozone NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local 
Entities

    To satisfy Element M, states must provide for consultation with, 
and

[[Page 32337]]

participation by, local political subdivisions affected by the SIP.
    Connecticut's September 2018 infrastructure SIP submittal cites CGS 
section 22a-171, Duties of Commissioner of Energy and Environmental 
Protection, which authorizes the commissioner to consult with, among 
others, ``agencies of the state, political subdivisions and industries 
and any other affected groups in furtherance of the purposes of this 
chapter [i.e., Connecticut's air pollution control laws].'' CT DEEP 
also references CGS section 4-168 (Notice prior to action on 
regulations), which provides a public participation process for all 
stakeholders that includes a minimum of a 30-day comment period and an 
opportunity for public hearing for all SIP-related actions. Connecticut 
notes that monthly meetings of the State Implementation Plan Revision 
Advisory Committee provide an additional forum for consultation and 
participation by the public and other stakeholders on air-quality-
related topics. EPA proposes that Connecticut meets the infrastructure 
SIP requirements of section 110(a)(2)(M) for the 2015 ozone NAAQS.

III. Proposed Action

    EPA is proposing to approve most of the elements of the 
infrastructure SIP submitted by Connecticut on September 7, 2018, for 
the 2015 ozone NAAQS. Today's action does not include the ``good 
neighbor'' provisions (i.e., section 110(a)(2)(D)(i)), also known as a 
state's Transport SIP. Connecticut's Transport SIP for the 2015 ozone 
NAAQS will be addressed in a future action. In addition, EPA is 
proposing to conditionally approve the PSD-related requirements of 
Elements C, D, and J and to conditionally approve Element K, Air 
quality modeling and data, provided that the state submits in a timely 
manner the requirements needed for full approval of these Elements.
    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 this 
proposed rule by following the instructions listed in the ADDRESSES 
section of this Federal Register.
    EPA's proposed action regarding each infrastructure SIP requirement 
for the 2015 ozone NAAQS is contained in Table 1 below.

 Table 1--Proposed Action on Connecticut's Infrastructure SIP Submittal
                        for the 2015 Ozone NAAQS
------------------------------------------------------------------------
                   Element                         2015 ozone NAAQS
------------------------------------------------------------------------
(A): Emission limits and other control        A.
 measures.
(B): Ambient air quality monitoring and data  A.
 system.
(C)1: Enforcement of SIP measures...........  A.
(C)2: PSD program for major sources and       CA.
 major modifications.
(C)3: PSD program for minor sources and       A.
 minor modifications.
(D)1: Contribute to nonattainment/interfere   No action.
 with maintenance of NAAQS.
(D)2: PSD...................................  CA.
(D)3: Visibility Protection.................  A.
(D)4: Interstate Pollution Abatement........  A.
(D)5: International Pollution Abatement.....  A.
(E)1: Adequate resources....................  A.
(E)2: State boards..........................  A.
(E)3: Necessary assurances with respect to    NA.
 local agencies.
(F): Stationary source monitoring system....  A.
(G): Emergency power........................  A.
(H): Future SIP revisions...................  A.
(I): Nonattainment area plan or plan          +.
 revisions under part D.
(J)1: Consultation with government officials  A.
(J)2: Public notification...................  A.
(J)3: PSD...................................  CA.
(J)4: Visibility protection.................  +.
(K): Air quality modeling and data..........  CA.
(L): Permitting fees........................  A.
(M): Consultation and participation by        A.
 affected local entities.
------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A.........................................  Approve.
CA........................................  Conditionally Approve.
+.........................................  Not germane to
                                             infrastructure SIPs.
No action.................................  EPA is taking no action on
                                             this infrastructure
                                             requirement.
NA........................................  Not applicable.
------------------------------------------------------------------------

    EPA is proposing to conditionally approve the SIP for the PSD-
related requirements of sections 110(a)(2)(C), (D)(i)(II), and (J), as 
well as for section 110(a)(2)(K) of the SIP revision submitted by 
Connecticut on September 7, 2018, as a revision to the SIP, provided 
that the State submits in a timely manner the necessary revisions to 
RCSA section 22a-174-3a(i) needed to fully approve this Element.
    EPA is soliciting public comments on the issues discussed in this 
proposal or on other relevant matters. These comments will be 
considered before EPA takes final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting comments 
to this proposed rule by following the instructions listed in the 
ADDRESSES section of this Federal Register.
    Under section 110(k)(4) of the Act, EPA may conditionally approve a 
plan based on a commitment from the State to adopt specific enforceable 
measures by a date certain, but not later than 1 year from the date of 
approval. If EPA conditionally approves the commitment in a final 
rulemaking action, the State must meet its commitment to submit the 
necessary revisions to RCSA section 22a-174-3a(i) to satisfy 
requirements of section 110(a)(2)(K) of Connecticut's infrastructure 
SIP for the 2015 ozone NAAQS. If the State fails to do so, this action 
will become a disapproval one year from the date of final approval. EPA 
will notify the State by letter that

[[Page 32338]]

this action has occurred. At that time, this commitment will no longer 
be a part of the approved Connecticut SIP. EPA subsequently will 
publish a document in the Federal Register notifying the public that 
the conditional approval automatically converted to a disapproval. If 
the State meets its commitment, within the applicable time frame, the 
conditionally approved submission will remain a part of the SIP until 
EPA takes final action approving or disapproving the new legislative 
authority. If EPA disapproves the new submittal, the conditionally 
approved section 110(a)(2)(K) of Connecticut's infrastructure SIP for 
the 2015 ozone NAAQS will also be disapproved at that time. If EPA 
approves the submittal, section 110(a)(2)(K) of the state's 
infrastructure SIP for the 2015 ozone NAAQS will be fully approved in 
its entirety and replace the conditionally approved Element in the SIP.
    If EPA determines that it cannot issue a final conditional approval 
or if the conditional approval is converted to a disapproval, such 
action will trigger EPA's authority to impose sanctions under section 
110(m) of the CAA at the time EPA issues the final disapproval or on 
the date the State fails to meet its commitment. In the latter case, 
EPA will notify the State by letter that the conditional approval has 
been converted to a disapproval and that EPA's sanctions authority has 
been triggered. In addition, the final disapproval triggers the Federal 
implementation plan (FIP) requirement under section 110(c).

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 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 Orders12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 20, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-11335 Filed 5-28-20; 8:45 am]
BILLING CODE 6560-50-P


