Rule2021-14828
Air Plan Approval; Connecticut; Definitions of Emergency and Emergency Engine
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 14, 2021
Effective
August 13, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut on December 20, 2019. This revision amends the State's definitions of emergency and emergency engine in its air quality regulations. The intended effect of this action is to approve the December 20, 2019, submittal into the Connecticut SIP. This action is being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 86 Issue 132 (Wednesday, July 14, 2021)</title>
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[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37053-37055]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14828]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2021-0042; FRL-10024-87-Region 1]
Air Plan Approval; Connecticut; Definitions of Emergency and
Emergency Engine
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of
Connecticut on December 20, 2019. This revision amends the State's
definitions of emergency and emergency engine in its air quality
regulations. The intended effect of this action is to approve the
December 20, 2019, submittal into the Connecticut SIP. This action is
being taken in accordance with the Clean Air Act.
DATES: This rule is effective on August 13, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2021-0042. All documents in the docket
[[Page 37054]]
are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed
in the index, some information is not publicly available, i.e.,
confidential business information (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: John Creilson, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109, tel. (617) 918-
1688, email <a href="/cdn-cgi/l/email-protection#e28190878b8e918d8ccc888d8a8ca2879283cc858d94"><span class="__cf_email__" data-cfemail="bbd8c9ded2d7c8d4d595d1d4d3d5fbdecbda95dcd4cd">[email protected]</span></a>.
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 15, 2021 (86 FR 14299), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of Connecticut.
The NPRM proposed approval of Connecticut's SIP revision, which
replaced two definitions within the previously approved Regulations of
Connecticut State Agencies (RCSA) Section 22a-174-22e, Control of NOx
Emissions from Fuel-burning Equipment at Major Stationary Sources of
NO<INF>X</INF>. The revision proposed to add to the State's SIP a
recent amendment to 22a-174-22e concerning the definitions of
``emergency'' and ``emergency engine,'' which became effective as a
state requirement on October 8, 2019. Additionally, two compliance
options were removed from RCSA section 22a-174-22e(g) in light of the
revised definitions for emergency and emergency engine.
The formal SIP revision was submitted by Connecticut on December
20, 2019. The rationale for EPA's proposed action is explained in the
NPRM and will not be restated here. There were no public comments
received on the NPRM.
II. Final Action
EPA is approving Connecticut's December 20, 2019 SIP revision
request pertaining to its definitions for emergency and emergency
engine and the removal of compliance options affected by the revised
definitions.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
definitions for emergency and emergency engines and the removal of
compliance options affected by the revised definitions described in the
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these documents generally available through 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).<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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, Incorporation by
reference, Nitrogen dioxide, Ozone.
Dated: July 8, 2021.
Deborah Szaro,
Acting 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)(125) to read as
follows:
[[Page 37055]]
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(125) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 20,
2019.
(i) Incorporation by reference. (A) Regulations of Connecticut
State Agencies Section 22a-174-22e, entitled ``Control of nitrogen
oxide emissions from fuel-burning equipment at major stationary sources
of nitrogen oxides,'' as amended October 8, 2019, as follows:
(1) 22a-174-22e (a), Definitions; (12) ``emergency'' and (13)
``emergency engine.''
(2) 22a-174-22e (g), Compliance options; (4) and (6).
3. In Sec. 52.385, Table 52.385 is amended by adding two entries
in state citations for ``22a-174-22e'' between existing entries for
``22a-174-22e: Control of nitrogen oxides . . .'' and ``22a-174-22f''
to read as follows:
Sec. 52.385 - EPA-approved Connecticut regulations.
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Table 52.385--EPA-Approved Regulations
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Dates
-------------------------- Federal
Connecticut State Title/subject Date Date Register Section 52.370 Comments/
citation adopted by approved citation description
State by EPA
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* * * * * * *
22a-174-22e...... Definitions..... 10/8/19 7/14/2021 [Insert Federal [Insert next Definitions
Register available revised for
citation]. paragraph ``emergency''
number in and
sequence]. ``emergency
engine.''
22a-174-22e...... Compliance 10/8/19 7/14/2021 [Insert Federal [Insert next Approve
options. Register available subsection
citation]. paragraph (g)(4) and
number in (g)(6): Two
sequence]. compliance
options
relating to
ISO-New
England OP-4
removed.
* * * * * * *
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[FR Doc. 2021-14828 Filed 7-13-21; 8:45 am]
BILLING CODE 6560-50-P
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