Proposed Rule2022-06206
Air Plan Approval; Connecticut; State Implementation Plan Revisions Required by the 2008 and 2015 Ozone Standards
Primary source
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Published
March 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing approval of 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 (NO<INF>X</INF>) 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 proposing approval of a Consent Order that establishes NO<INF>X</INF> RACT requirements for facilities operated by NRG Connecticut. Additionally, we are proposing approval of 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 CAA.
Full Text
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<title>Federal Register, Volume 87 Issue 58 (Friday, March 25, 2022)</title>
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[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Proposed Rules]
[Pages 17052-17057]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06206]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2022-0113; FRL-9656-01-R1]
Air Plan Approval; Connecticut; State Implementation Plan
Revisions Required by the 2008 and 2015 Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of 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 (NO<INF>X</INF>) 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 proposing approval of a Consent Order that establishes
NO<INF>X</INF> RACT requirements for facilities operated by NRG
Connecticut. Additionally, we are proposing approval of 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 CAA.
DATES: Written comments must be received on or before April 25, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2022-0113 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#90fdf3f3fffefef5fcfcbee2fff2f5e2e4d0f5e0f1bef7ffe6"><span class="__cf_email__" data-cfemail="c9a4aaaaa6a7a7aca5a5e7bba6abacbbbd89acb9a8e7aea6bf">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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.
[[Page 17053]]
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 <a href="/cdn-cgi/l/email-protection#e8858b8b8786868d8484c69a878a8d9a9ca88d9889c68f879e"><span class="__cf_email__" data-cfemail="d7bab4b4b8b9b9b2bbbbf9a5b8b5b2a5a397b2a7b6f9b0b8a1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. The following outline is
provided to aid in locating information in this preamble.
I. Background
II. Summary and Evaluation of Connecticut's SIP Revisions
a. RACT Certifications and Consent Order No. 8377
b. NNSR Certifications
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On December 21, 2020, the Connecticut Department of Energy and
Environmental Protection (CT DEEP) submitted revisions to its SIP to
EPA. The SIP revisions consist of information documenting how
Connecticut complied with the RACT \1\ requirements for the 2015 ozone
standard, and a certification that it also meets the RACT requirements
for areas classified as serious for the 2008 ozone standard.
Connecticut's submittal includes an order issued by the State that
establishes NO<INF>X</INF> RACT requirements for facilities owned by
NRG Connecticut. The State also included within the December 21, 2020,
submittal a certification that its SIP meets the requirements for NNSR
permitting for purposes of the 2008 and 2015 ozone NAAQS.
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\1\ RACT is defined as ``the lowest emission limitation that a
particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility.'' (44 FR 53762, September
17, 1979).
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Sections 172(c)(1) and 182(b)(2) of the CAA require states to
implement RACT in areas classified as moderate (and higher) non-
attainment for ozone, while section 184(b)(1)(B) of the Act requires
RACT in states located in the Ozone Transport Region (OTR).
Specifically, these areas are required to implement RACT for all major
VOC and NO<INF>X</INF> emissions sources and for all sources covered by
a Control Techniques Guideline (CTG). A CTG is a document issued by EPA
which establishes a ``presumptive norm'' for RACT for a specific VOC
source category. A related set of documents, Alternative Control
Techniques (ACT) documents, exists primarily for NO<INF>X</INF> control
requirements. States must submit rules, or negative declarations when
no such sources exist, for CTG source categories. The ACT documents
were issued to help States determine RACT for major sources of
NO<INF>X</INF>, but States do not have to submit negative declarations
for ACTs if they have no sources covered by them. However, states must
ensure that a RACT level of control is imposed on major sources of
NO<INF>X</INF>, some of which may be within a sector covered by an ACT
document.
In 2008, EPA revised the health-based NAAQS for ozone, setting it
at 0.075 parts per million (ppm) averaged over an 8-hour time frame.
EPA determined that the revised 8-hour standard would be more
protective of human health, especially for children and adults who are
active outdoors and individuals with a pre-existing respiratory disease
such as asthma. On May 21, 2012, EPA published a final rule
establishing designations and classifications for the 2008 ozone
standard for most areas of the country, including Connecticut (See 77
FR 30088, May 21, 2012). This final rule created two marginal
nonattainment areas within Connecticut that together encompass the
entire State. The two areas are identified as follows: The Greater
Connecticut area, which includes Hartford, Litchfield, New London,
Tolland, and Windham counties, and the New York, Northern New Jersey-
Long Island NY-NJ-CT area, which includes, within Connecticut,
Fairfield, Middlesex, and New Haven counties.
Neither of Connecticut's 2008 NAAQS nonattainment areas were able
to meet the marginal area attainment date, and so on May 4, 2016, EPA
published a final rule that revised the classifications of
Connecticut's and other state's nonattainment areas from marginal to
moderate (See 81 FR 26697, May 4, 2016). Subsequently, Connecticut's
two moderate nonattainment areas also failed to meet the moderate area
attainment date, and so on August 23, 2019, EPA published a final rule
that revised the classifications of Connecticut's, and other state's
nonattainment areas, from moderate to serious (See 84 FR 44238, August
23, 2019).
On March 6, 2015, EPA published a final rule in the Federal
Register that outlined the obligations that areas found to be in
nonattainment of the 2008 ozone standard needed to address (See 80 FR
12264, March 6, 2015). This rule, herein referred to as the ``2008
ozone implementation rule,'' contained, among other things, a
description of EPA's expectations for states with RACT and NNSR
obligations. Regarding RACT, the 2008 ozone implementation rule
indicated that states could demonstrate that controls representing RACT
were in place through the establishment of new or more stringent
requirements that meet RACT control levels, through a certification
that previously adopted RACT controls in their SIP approved by EPA
under a prior ozone NAAQS represent adequate RACT control levels for
attainment of the 2008 ozone NAAQS, or with a combination of these two
approaches. In addition, a state must submit a negative declaration in
instances where there are no CTG sources within its borders.
Regarding the 2015 ozone NAAQS, on June 4, 2018, EPA published a
final rule establishing designations and classifications for this
standard for most areas of the country, including Connecticut (See 83
FR 25776, June 4, 2018). This final rule created a marginal and a
moderate nonattainment area within Connecticut that together encompass
the entire State, identified as follows: The Greater Connecticut
marginal area, which includes Hartford, Litchfield, New London,
Tolland, and Windham counties, and the New York, N New Jersey-Long
Island NY-NJ-CT moderate area, which includes, within Connecticut,
Fairfield, Middlesex, and New Haven counties. Additionally, on December
6, 2018, EPA published a final rule outlining requirements for states
to follow as they implement the 2015 ozone NAAQS (See 83 FR 62998,
December 6, 2018). The December 6, 2018, final rule is herein referred
to as the 2015 ozone implementation rule. It contains RACT and NNSR
requirements similar to those outlined within the 2008 ozone
implementation rule, although the discretionary inter-pollutant trading
program provided for within the NNSR portion of the rule was
subsequently voided as noted below.
Regarding NNSR, the minimum SIP requirements for NNSR permitting
programs for the 2008 and the 2015 ozone NAAQS are located in 40 CFR
51.165. These NNSR program requirements include those promulgated in
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (See 70
FR 71612, November 29, 2005) and the 2008 ozone implementation rule.
Additionally, although the 2015 ozone implementation rule included a
provision to explicitly allow for inter-pollutant trading for meeting
the emissions offset requirement for ozone, this provision was
subsequently vacated.\2\ Under the Phase 2 Rule, the
[[Page 17054]]
SIP for each ozone nonattainment area must contain NNSR provisions
that: Set major source thresholds for NO<INF>X</INF> and VOC pursuant
to 40 CFR 51.165(a)(1)(iv)(A)(1)(i) through (iv) and (a)(1)(iv)(A)(2);
classify physical changes at a major source if the change would
constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase
of NO<INF>X</INF> as a significant net emissions increase for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider increases of VOC
emissions in extreme ozone nonattainment areas as significant net
emissions increases and major modifications for ozone pursuant to 40
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and
NO<INF>X</INF> as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A) through (C) and (E); contain provisions for
emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)
and (2); provide that the requirements applicable to VOC also apply to
NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOC and NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(9)(i) through
(iii) (renumbered as (a)(9)(ii) through (iv) under the 2008 ozone
implementation rule). Additionally, pursuant to the 2008 ozone
implementation rule, areas designated as nonattainment for that
standard that also remain nonattainment for the 1997 ozone standard
must satisfy the anti-backsliding requirements of 40 CFR 51.1105.
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\2\ Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021).
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II. Summary and Evaluation of Connecticut's SIP Revisions
a. RACT Certifications and Consent Order No. 8377
On December 21, 2020, Connecticut submitted a demonstration that
its regulatory framework for stationary sources meets the criteria for
RACT as defined in EPA's 2015 ozone implementation rule. The submittal
also contained a certification that the State's RACT requirements for
the 2008 ozone NAAQS that EPA approved on July 31, 2017 when the State
was classified as moderate continue to meet the RACT standard for areas
classified as serious, as Connecticut became pursuant to EPA's August
23, 2019, final rule mentioned above (See 82 FR 35454, July 31, 2017).
Connecticut's RACT submittal notes that its prior designation as a
nonattainment area for the 1979, 1997, and 2008 ozone standards
resulted in the adoption of stringent controls for major sources of VOC
and NO<INF>X</INF>, including RACT level controls. Connecticut's major
source applicability threshold for both VOC and NO<INF>X</INF> have
been maintained at 50 tons per year except for the portion of the state
designated as severe for the one-hour ozone standard (portions of
Fairfield and Litchfield counties (See 56 FR 56694, November 6, 1991)
where the threshold is 25 tons per year). In accordance with the 2008
and 2015 ozone implementation rules, much of Connecticut's submittal
consists of a review of RACT controls adopted under previous ozone
standards and an indication of whether those previously adopted
controls still represent RACT for the 2008 and 2015 ozone NAAQS.
Additionally, Connecticut notes that as a member state of the OTR, it
works with the Ozone Transport Commission to identify and adopt, as
deemed appropriate, regulations on additional VOC and NO<INF>X</INF>
categories beyond those for which EPA has issued CTGs or ACT documents.
Regarding VOC RACT, the State's December 21, 2020, submittal
identifies the specific control measures that had been previously
adopted to control emissions from major sources of VOC emissions and
reaffirms negative declarations for some CTG categories. Table 3 of
Connecticut's submittal contains a summary of the previously adopted
measures for each of the CTG categories. The table identifies the
specific state rule, where relevant, that is in place, the date of
state adoption, and the date that EPA approved the rule into the
Connecticut SIP. Table 3 also indicates the CTGs for which the state
makes a negative declaration due to no sources existing within the
State for the sector covered by that CTG. Connecticut notes that the
following regulations are the principal means by which stationary
sources of VOC emissions are controlled, the first being Regulations of
Connecticut State Agencies (RCSA) section 22a-174-20, Control of
Organic Compound Emissions, the second being RCSA section 22a-174-32,
Reasonably Available Control Technology (RACT) for Volatile Organic
Compounds, and the third being RCSA 22a-174-30a, Stage I Vapor
Recovery. These rules are generally applicable to sources with the
potential to emit 50 tons or more of VOCs per year, except that in
portions of the State classified as a severe nonattainment area under
the 1-hour ozone standard these rules are applicable to sources with
the potential to emit 25 tons or more per year. Additionally, for some
CTG categories such as surface coating sources, Connecticut's rules
include lower applicability thresholds consistent with the recommended
applicability level of the relevant CTGs.
As required, Connecticut's submittal addresses NO<INF>X</INF>
emissions as well as VOC emissions. In particular, the submittal's
Table 4 lists all major sources of NO<INF>X</INF> (and VOC) in the
State and identifies the NO<INF>X</INF> control regulation governing
each source. Connecticut notes that all facilities in the State with
the potential to emit 50 tons or more of NO<INF>X</INF> per year (or 25
tons in the portions of Fairfield and Litchfield counties noted above)
are subject to RCSA section 22a-174-22e, ``Control of Nitrogen Oxide
Emissions from Fuel Burning Equipment at Major Stationary Sources of
Nitrogen Oxides.'' Connecticut also subjects some non-major sources of
NO<INF>X</INF> to emission limits via requirements within RCSA 22a-174-
22f, High Daily NO<INF>X</INF> Emitting Units at Non-major Sources of
NO<INF>X</INF>. In addition, RCSA section 22a-174-38, Municipal Waste
Combustors, regulates NO<INF>X</INF> emissions from Connecticut's MWCs,
which are currently the largest NO<INF>X</INF> emitting sector in the
State. Connecticut reviewed these regulations and determined that they
did not need to be updated to represent RACT for the 2008 and 2015
ozone NAAQS given recent updates to both regulations that EPA approved
into the Connecticut SIP. Connecticut submittal did include updates to
NO<INF>X</INF> emission limits for some major sources of
NO<INF>X</INF>, specifically, those owned and operated by the State's
largest electric utility, NRG Connecticut. Those requirements are
contained within Consent Order No. 8377 which the State issued to NRG
Connecticut on March 10, 2020, and which Connecticut included within
its December 21, 2020, SIP revision request.
Connecticut's review of its control program for major sources of
VOC and NO<INF>X</INF> thus concludes that all major sources in the
State are subject to RACT meeting the requirements of the 2008 and 2015
ozone standards.
EPA has reviewed and agrees with Connecticut's determination that
it has adopted VOC and NO<INF>X</INF> control regulations for
stationary sources that constitute RACT and determined that the set of
regulations cited by the State within its December 21, 2020, RACT
certification SIP submittals, along with the NO<INF>X</INF> control
requirements for equipment owned and operated by NRG Connecticut,
constitute RACT for purposes of the 2015 ozone standard and continue to
represent RACT for the 2008 ozone standard. The rationale for our
determination is provided below.
Connecticut's RACT certification submittals document the State's
VOC and NO<INF>X</INF> control regulations that have been adopted to
ensure that major sources are subject to RACT level
[[Page 17055]]
controls in the State. These requirements include the following
Regulations of Connecticut State Agencies: Section 22a-174-20, Control
of Organic Compound Emissions; section 22a-174-22e, Control of Nitrogen
Oxide Emissions from Fuel Burning Equipment at Major Stationary Sources
of Nitrogen Oxides; section 22a-174-30a, Stage I Vapor Recovery;
section 22a-174-32, RACT for Organic Compound Emissions; and 22a-174-
38, Municipal Waste Combustors. Two of these regulations, sections 22a-
174-22e and 22a-174-38, contain recently strengthened NO<INF>X</INF>
emissions limits that EPA has approved into the Connecticut SIP (See 82
FR 35454, July 31, 2017). Connecticut's RACT certification submittal
notes that it has adopted numerous single source RACT orders for major
sources of VOC and NO<INF>X</INF> that are not covered by one of EPA's
CTGs or ACTs, and these orders have been submitted to EPA and
incorporated into the SIP, as have individual orders providing for
NO<INF>X</INF> trading among facilities within the State as authorized
by section 22a-174-22e (g) of Connecticut's regulations.
The State's submittal documents a substantial downward trend in
ozone exceedance days between 1975 and 2019, much of which is
attributable to the control measures put in place by Connecticut and
federal control measures adopted since the early 1990s pursuant to the
Clean Air Act amendments of 1990. Connecticut's submittal also
documents a substantial decline of 63 percent in NO<INF>X</INF>
emissions from major stationary sources between 2002 and 2017.
Furthermore, data from EPA's National Emissions Inventory (NEI)
database indicates that between 2008 and 2017 VOC emissions from
stationary point sources emitting 5 tons per year or more declined by
15%. In 2017, the State's major VOC sources emitted less than 1 percent
of Connecticut's total anthropogenic VOC emissions, and only 6
individual facilities emitted more than 50 tons that year.
We last approved a RACT certification SIP for Connecticut on July
31, 2017 for the 2008 ozone standard (See 82 FR 35454, July 31, 2017).
That action included approval of a SIP revision that consisted of a
comprehensive update of the State's NO<INF>X</INF> control
requirements. Specifically, the revision included the regulatory
changes that Connecticut determined were necessary after evaluating its
RACT requirements for boilers, turbines, and reciprocating internal
combustion engines (RICE). The submittal included two new regulations,
RCSA 22a-174-22e, Control of nitrogen oxide emissions from fuel-burning
equipment at major stationary sources of nitrogen oxides and 22a-174-
22f, High daily NO<INF>X</INF> emitting units at non-major sources of
NO<INF>X</INF>. Section 22a-174-22e has reduced NO<INF>X</INF>
emissions via ``Phase 1'' requirements that became effective on June 1,
2018 and will reduce emissions further when more stringent ``Phase 2''
limits take effect on June 1, 2023. Given the later compliance date,
Connecticut did not rely on the Phase 2 requirements as part of its
RACT certification as a moderate area for the 2008 ozone standard.
Rather, the Phase 2 limits, which are among the most stringent limits
adopted by any state in the Northeast, were adopted then to provide
lead time for sources subject to Phase 2 limits to plan for the
financial and logistical aspects of meeting these strengthened limits.
Our July 31, 2017, approval contains a description of the Phase 1 and
Phase 2 NO<INF>X</INF> emission limits Connecticut adopted for boilers,
turbines, and RICE units. Connecticut's submittal indicates the State
explored other possible control measures that might qualify as a RACT
measure or measures needed for attainment, and additionally considered
measures that might qualify as a RACT measure or measures not tied to
attainment but could not identify measures that would fit in either
category.
In addition to the requirements mentioned above, our July 31, 2017,
action also approved Connecticut's newly adopted RCSA section 22a-174-
22f, High Daily NO<INF>X</INF> Emitting Units at Non-major Sources of
NO<INF>X</INF>. This regulation requires owners of equipment at small
and medium-sized ``non-major'' sources to track daily emissions during
the ozone season and take steps to reduce emissions if they exceed a
certain level of NO<INF>X</INF> emissions. Connecticut was not
obligated by CAA requirements to adopt a regulation for these sources
to meet RACT since they are not major sources. The rule will, however,
strengthen the State's overall regulatory program for sources of
NO<INF>X</INF> and help the State in its efforts to attain the ozone
NAAQS.
Connecticut's December 21, 2020, submittal included Consent Order
No. 8377 which the State issued to Connecticut Jet Power LLC, Devon
Power LLC, Middletown Power LLC, and Montville Power LLC (collectively
referred to as NRG Connecticut) on March 10, 2020. The Order
establishes case-by-case NO<INF>X</INF> RACT emission limits for five
distillate-fired 20-megawatt (MW) turbines, identified as Devon 10,
Middletown 10, Branford 10, Torrington Terminal 10, and Franklin Drive
10, two diesel-fired 2.75 MW engines identified as Montville 10 and
Montville 11, and for three boilers identified as Middletown Unit 4,
Montville Unit 5 and Montville Unit 6. Connecticut issued Order No.
8377 in accordance with RCSA Section 22a-174-22e (h). The RACT limits
within the Order are for Phase 2 of Connecticut's NO<INF>X</INF> RACT
requirements, which become applicable on June 1, 2023. The seven
engines and turbines are infrequently run units, running on average
less than 25 hours per year based on data from 2014 through 2018. NRG
Connecticut demonstrated to the Connecticut DEEP that installing and
operating NO<INF>X</INF> controls on this equipment was not technically
or economically feasible. Section 22a-174-22e (h)(1)(C) requires that
sources applying for a case-by-case RACT determination demonstrate a
net air quality benefit will occur if the request is granted. Consent
Order No. 8377 accomplishes this in two ways, first, by requiring that
NRG Connecticut install new synthetic non-catalytic reduction (SNCR)
NO<INF>X</INF> controls on the three boilers under its control
mentioned above. These three boilers will reduce their emissions beyond
their respective NO<INF>X</INF> emission limits during the Phase 1
control period, which runs from June 1, 2018 through May 31, 2023.
Additionally, Consent Order No. 8377 requires the company to retire 250
banked Discrete Emission Reduction Credits (DERCs).
Connecticut's submittal also addresses RACT for sources of VOCs.
Prior to the CAA Amendments of 1990, VOC control strategies were the
primary means by which ground level ozone was reduced. Accordingly,
beginning in the 1970's EPA issued Control Technique Guidelines (CTGs)
for many industries that use VOCs. The CTGs provide an overview of
emission sources and control options and establish presumptive levels
of control. Given this, Connecticut has a long history of adopting
regulations to limit VOC emissions from within the State. Table 3 of
Connecticut's December 21, 2020 submittal lists the name and issue date
of all of EPA's CTGs, an indication of whether or not facilities in the
CTG category exist in Connecticut, the date and Federal Register
citation for EPA's approval of regulations Connecticut adopted to meet
the requirements of the CTG, and a comments column that, among other
things, identifies the CTGs for which the State makes a negative
declaration affirming no sources exist within the State that would be
covered by the CTG. We are proposing approval of negative declarations
Connecticut makes for the following CTG categories:
[[Page 17056]]
Automobile coatings, Large petroleum dry cleaners, Fiberglass boat
manufacturing, Equipment leaks from natural gas and gasoline processing
plants, the Oil and natural gas industry, Control of refinery vacuum
producing systems, wastewater separators and process unit turnarounds,
Control of VOC leaks from petroleum refinery equipment, and Flatwood
paneling coatings. Connecticut reviewed the inventory information,
interviewed field staff, and searched telephone and internet web pages,
including other state government databases, to confirm that no
facilities exist in the State that are covered by the above mentioned
CTG categories.
We have reviewed Connecticut's RACT certification demonstration and
determined that the State's regulatory requirements and the resulting
reduction in VOC and NO<INF>X</INF> emissions from major sources that
they accomplish demonstrate that a RACT level of control for both
pollutants are in place. Since we agree that the VOC and NO<INF>X</INF>
stationary source control regulations which Connecticut has cited as
meeting RACT do conform with RACT for the 2015 and 2008 ozone
standards, we propose approval of Connecticut's December 21, 2020, RACT
certification SIP revision requests.
b. NNSR Certifications
Connecticut's longstanding SIP-approved NNSR program, established
in RCSA sections 22a-174-1 (definitions), and 22a-174-3a (applicability
and substantive requirements) applies to the construction and
modification of stationary sources, including major stationary sources
in nonattainment areas. In Connecticut's December 21, 2020, SIP
revision, the State certifies that the version of RCSA Sections 22a-
174-1 and 22a-174-3a in the current SIP meet the federal NNSR
requirements for both ozone nonattainment areas within Connecticut. EPA
last approved revisions to the SIP-approved version of Connecticut's
NNSR rule in 2015 \3\ addressing, among other things, the NNSR
requirements that apply when a major source or major modification
causes a significant impact in an area that is violating the
PM<INF>2.5</INF> ambient air quality standard. In Connecticut's
certification, the State provides a side-by-side comparison
demonstrating the State's Rules are at least as stringent as EPA's
nonattainment new source review permitting program requirements.
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\3\ See 80 FR 43960, July 24, 2015.
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As discussed above, on August 23, 2019, EPA published a final rule
that reclassified both nonattainment areas in Connecticut from moderate
to serious nonattainment for the 2008 ozone NAAQS. For the 2015 ozone
NAAQS, the Greater Connecticut nonattainment area is classified as
marginal and the Connecticut portion of the New York-Northern New
Jersey-Long Island area is classified as moderate (See 83 FR 25776,
June 4, 2018).
Connecticut's SIP-approved NNSR regulation retains the NNSR
requirements applicable to serious and severe nonattainment areas. The
State's SIP-approved NNSR regulation defines the term ``Severe
nonattainment area for ozone'' as including the cities and towns in
portions of Fairfield and Litchfield counties that were historically
part of the severe New York-N New Jersey-Long Island, NY-NJ-CT ozone
nonattainment area designated for the one-hr ozone NAAQS. The term
``Serious nonattainment area for ozone'' is defined to include ``all
towns within the State of Connecticut, except those towns located in
the severe non-attainment area for ozone.'' This is the portion of the
State that was historically part of the serious Greater Connecticut
nonattainment area designated for the one-hr ozone NAAQS. The SIP's
definition of ``Major stationary source'' then uses these terms to
define the NO<INF>X</INF> and VOC emission thresholds when determining
if a source is major for ozone. The SIP's major stationary source
threshold for NO<INF>X</INF> and VOC in a ``Severe nonattainment area
for ozone'' is 25 tons per year. The SIP's major stationary source
threshold for NO<INF>X</INF> and VOC in a ``Serious nonattainment area
for ozone'' is 50 tons per year. These thresholds for NO<INF>X</INF>
and VOC are consistent with EPA regulations and with CAA major source
thresholds for ozone nonattainment areas.
Connecticut's NNSR SIP also properly addresses the thresholds for
NO<INF>X</INF> and VOC, as precursors to ozone, in the definition of
``Major modification'' by establishing the threshold for either of
these ozone precursors at 25 tons per year in severe non-attainment
areas and 50 tons per year in serious non-attainment areas. These
thresholds for a major modification are consistent with EPA
regulations. Lastly, since Connecticut's NNSR SIP retains its
previously approved major source thresholds, the State's SIP meets the
anti-backsliding requirements.
III. Proposed Action
EPA is proposing approval of Connecticut's December 21, 2020, SIP
submittals that demonstrate that the State has adopted air pollution
control strategies that represent RACT needed for attainment and RACT
not tied to attainment for purposes of compliance with the 2008 and
2015 ozone standards. Additionally, we are proposing approval of
Consent Order No. 8377 containing NO<INF>X</INF> RACT requirements for
facilities operated by NRG Connecticut, and negative declarations for
CTG categories for which Connecticut asserts no facilities exist within
its borders.
We are also proposing to approve Connecticut's December 21, 2020,
SIP revision request addressing the NNSR requirements for the 2008 and
2015 ozone NAAQS for both nonattainment areas in the State. The
approval also includes the applicable NNSR provisions of Connecticut's
regulations that satisfy the CAA's anti-backsliding requirements. We
have concluded that the State's submission fulfills the 40 CFR 51.1114
revision requirement and meets the requirements of CAA section 110 and
the minimum SIP requirements of 40 CFR 51.165.
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 the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the following item that the Connecticut DEEP submitted to EPA
for incorporation into the Connecticut SIP by letter dated December 21,
2020: Consent Order No. 8377 containing NO<INF>X</INF> RACT
requirements for facilities operated by NRG Connecticut. The EPA has
made, and will continue to make, this document generally available
through <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).
V. 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.
[[Page 17057]]
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 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: March 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-06206 Filed 3-24-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.