[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Rules and Regulations]
[Pages 38284-38286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13539]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2022-0113; FRL-9656-02-R1]


Air Plan Approval; State Implementation Plan Revisions Required 
by the 2008 and 2015 Ozone Standards

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 for purposes of implementing the 2008 and 2015 ozone 
National Ambient Air Quality Standards (NAAQS). The SIP revisions 
consist of a demonstration that Connecticut meets the requirements of 
reasonably available control technology (RACT) for the two precursors 
for ground-level ozone, oxides of nitrogen (NOX) and 
volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA, 
or the Act) with respect to the 2008 and 2015 ozone standards. We are 
also approving a Consent Order that establishes NOX RACT 
requirements for four facilities in the state. Additionally, we are 
approving Connecticut's certification that it meets the nonattainment 
new source review (NNSR) requirements of the CAA for purposes of the 
2008 and 2015 ozone standards. This action is being taken in accordance 
with the Clean Air Act.

DATES: This rule is effective on July 28, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2022-0113. 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 
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, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, Suite 100 (mail code 05-2), Boston, MA 02109-
3912, telephone number (617) 918-1046, email [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. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 25, 2022, (87 FR 17052), EPA published a Notice of 
Proposed Rulemaking (NPRM) for the State of Connecticut. The NPRM 
proposed approval of a demonstration that Connecticut meets the 
requirements of RACT for NOX and VOCs set forth by the CAA 
with respect to the 2008 and 2015 ozone standards, and Consent Order 
#8377 that establishes NOX RACT requirements for Middletown 
Power LLC, Montville Power LLC, Connecticut Jet Power LLC, and Devon 
Power LLC. We note that our March 25, 2022, proposal indicated that 
these four facilities were owned and operated by NRG Connecticut. 
However, the Connecticut Department of Energy and Environmental 
Protection (CT DEEP) provided us with an administrative update to this 
order to reflect that a new owner, Generation Bridge Acquisition LLC, 
purchased the assets that are the subject of the order effective as of 
November 1, 2021. Therefore, on May 5, 2022, CT DEEP submitted an 
updated order, Consent Order #8377, Modification 1, and we are 
approving that updated order into the state's SIP. Our March 25, 2022 
proposal also proposed to approve negative declarations for a number of 
source categories for which EPA has established Control Technique 
Guidelines (CTGs). We note that Connecticut's December 21, 2020, 
submittal included a negative declaration for EPA's 2016 Oil and Gas 
CTG, which we approved separately on March 30, 2022 (see 87 FR 18274). 
Additionally, our NPRM proposed approval of a certification that 
Connecticut meets the NNSR requirements of the Act for purposes of the 
2008 and 2015 ozone standards. The formal SIP revisions were submitted 
by Connecticut on December 21, 2020. The specific requirements of these 
SIP revisions and the rationale for EPA's proposed action are explained 
in the NPRM and will not be restated here. No public comments were 
received on the NPRM.

II. Final Action

    EPA is approving Connecticut's certification that it meets the 
requirements of RACT for NOX and VOCs set forth by the CAA 
with respect to the 2008 and 2015 ozone standards, Consent Order #8377, 
Modification 1, that establishes NOX RACT requirements for 
Middleton Power LLC, Montville Power LLC, Connecticut Jet Power LLC, 
and Devon Power LLC, and a certification that Connecticut meets the 
NNSR requirements of the Act for purposes of the 2008 and 2015 ozone 
standards, as revisions to the Connecticut SIP.

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 State of 
Connecticut, Department of Energy and Environmental Protection, Consent 
Order #8377, Modification 1, issued to Middletown Power LLC, Montville 
Power LLC, Connecticut Jet Power LLC, and Devon Power LLC, May 3, 2022. 
The order establishes NOX RACT requirements for these 
facilities for purposes of complying with Phase 2 of the Regulations of 
Connecticut State

[[Page 38285]]

Agencies 22a-174-22e, Control of nitrogen oxide emissions from fuel 
burning equipment at major stationary sources of nitrogen oxides. The 
EPA has made, and will continue to make, these documents generally 
available through https://www.regulations.gov and at the EPA Region 1 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

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 August 29, 2022. 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 18, 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.

Subpart H--Connecticut

0
2. Section 52.370 is amended by adding paragraph (c)(128) to read as 
follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (128) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on December 20, 2021 
and amended on May 3, 2022.
    (i) Incorporation by reference. (A) State of Connecticut, 
Department of Energy and Environmental Protection, Consent Order # 
8377, Modification 1, issued to Middletown Power LLC, Montville Power 
LLC, Connecticut Jet Power LLC, and Devon Power LLC, May 3, 2022.
    (B) [Reserved]
    (ii) [Reserved]

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


Sec.  52.375  Certification of no sources.

* * * * *
    (i) In its December 21, 2020, submittal to EPA pertaining to 
reasonably available control technology requirements as a serious area 
for the 2008 ozone standard and for the 2015 ozone standard as a state 
containing a moderate nonattainment area and a marginal nonattainment 
area that is part of the Ozone Transport Region, the State of 
Connecticut certified to the satisfaction of EPA that no sources 
located in the State are covered by the following Control Technique 
Guidelines:
    (1) Automobile and Light-Duty Truck Assembly Coatings.
    (2) Control of VOC Emissions from Large Petroleum Dry Cleaners.
    (3) Fiberglass Boat Manufacturing Materials.
    (4) Control of VOC Equipment Leaks from Natural Gas/Gasoline 
Processing Plants.
    (5) Control of Refinery Vacuum Producing Systems, Wastewater 
Separators, and Process Unit Turnarounds.
    (6) Control of Volatile Organic Compound Leaks from Petroleum 
Refinery Equipment.
    (7) Flatwood Paneling Coatings.
    (8) The Oil and Natural Gas Industry.

[[Page 38286]]


0
4. Section 52.377 is amended by adding paragraphs (u) and (v) to read 
as follows:


Sec.  52.377  Control strategy: Ozone.

* * * * *
    (u) Approval--Revisions to the Connecticut State Implementation 
Plan (SIP) submitted on December 21, 2020. The SIP revisions satisfy 
the requirement to implement reasonably available control technology 
(RACT) for sources of volatile organic compounds (VOC) and oxides of 
nitrogen (NOX) as a serious nonattainment area for purposes 
of the 2008 ozone standard, and also approves RACT for Connecticut for 
the 2015 ozone standard as a state containing a moderate nonattainment 
area and a marginal area that is located within the Ozone Transport 
Region.
    (v) Approval--Submittal from the Connecticut Department of Energy 
and Environmental Protection dated December 21, 2020, to address the 
nonattainment new source review (NNSR) requirements as a serious 
nonattainment area for the 2008 8-hour ozone standard for the Greater 
Connecticut and the New York-N. New Jersey-Long Island, NY-NJ-CT ozone 
nonattainment areas, and also approves NNSR for Connecticut for the 
2015 ozone standard as a state containing a moderate and a marginal 
nonattainment area and being located within the Ozone Transport Region 
as it meets the requirements for both the state's marginal and moderate 
classifications.

[FR Doc. 2022-13539 Filed 6-27-22; 8:45 am]
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