Rule2021-27433
Air Plan Approval; Connecticut; 2015 Ozone NAAQS Interstate Transport Requirements
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
December 20, 2021
Effective
January 19, 2022
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 as meeting the Clean Air Act (CAA) requirement that each State's SIP contain adequate provisions to prohibit emissions that will significantly contribute to nonattainment or interfere with maintenance of the 2015 8-hour ozone national ambient air quality standards (NAAQS) in any other state. This action is being taken in accordance with the CAA.
Full Text
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<title>Federal Register, Volume 86 Issue 241 (Monday, December 20, 2021)</title>
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[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Rules and Regulations]
[Pages 71830-71831]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27433]
[[Page 71830]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2021-0353; FRL-8916-02-R1]
Air Plan Approval; Connecticut; 2015 Ozone NAAQS Interstate
Transport Requirements
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 as meeting the Clean Air Act (CAA) requirement that each
State's SIP contain adequate provisions to prohibit emissions that will
significantly contribute to nonattainment or interfere with maintenance
of the 2015 8-hour ozone national ambient air quality standards (NAAQS)
in any other state. This action is being taken in accordance with the
CAA.
DATES: This rule is effective on January 19, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2021-0353. All documents in the docket
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., 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: 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 <a href="/cdn-cgi/l/email-protection#cab9a3a7a9a5b2e4aba6a3b9a5a48aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="73001a1e101c0b5d121f1a001c1d331603125d141c05">[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. Statutory and Executive Order Reviews
I. Background and Purpose
On August 30, 2021, EPA published a Notice of Proposed Rulemaking
(NPRM) for the State of Connecticut. See 86 FR 48357. The NPRM proposed
approval of a Connecticut SIP revision that addresses the CAA
requirement prohibiting emissions from the state that significantly
contribute to nonattainment or interfere with maintenance of the 2015
8-hour ozone NAAQS in other states. See CAA section 110(a)(2)(D)(i)(I)
(the ``good neighbor provision''). The SIP revision was submitted to
EPA by Connecticut on December 6, 2018. The rationale for EPA's
proposed action is given in the NPRM and will not be repeated here. EPA
received no public comments on the NPRM.
II. Final Action
EPA is approving a Connecticut SIP revision, which was submitted on
December 6, 2018. This submission is approved as meeting CAA section
110(a)(2)(D)(i)(I) requirements that Connecticut's SIP includes
adequate provisions prohibiting any source or other type of emissions
activity within the state from emitting any air pollutant in amounts
that will contribute significantly to nonattainment or interfere with
maintenance of the 2015 ozone NAAQS in any other state.
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:
<bullet> 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);
<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).
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.
[[Page 71831]]
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 February 18, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 13, 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)(126) to read as
follows:
Sec. 52.370 Identification of plan
* * * * *
(c) * * *
(126) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
December 6, 2018.
(i) [Reserved]
(ii) Additional materials.
(A) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut Good Neighbor SIP for the 2015 Ozone
National Ambient Air Quality Standard.'' Final, December 6, 2018.
(B) [Reserved]
* * * * *
0
3. Section 52.386 is amended by adding paragraph (f) to read as
follows:
Sec. 52.386 Section 110(a)(2) infrastructure requirements.
* * * * *
(f) The Connecticut Department of Energy and Environmental
Protection submitted the following infrastructure SIP on this date:
2015 ozone NAAQS--December 6, 2018 (CAA Sec. 110(a)(2)(D)(i)(I)
transport provisions). This infrastructure SIP is approved.
[FR Doc. 2021-27433 Filed 12-17-21; 8:45 am]
BILLING CODE 6560-50-P
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