Rule2022-13539
Air Plan Approval; State Implementation Plan Revisions Required by the 2008 and 2015 Ozone Standards
Primary source
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Published
June 28, 2022
Effective
July 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 (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 approving a Consent Order that establishes NO<INF>X</INF> 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.
Full Text
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<title>Federal Register, Volume 87 Issue 123 (Tuesday, June 28, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 (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 approving a Consent Order that establishes NO<INF>X</INF> 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 <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: 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#4e232d2d2120202b2222603c212c2b3c3a0e2b3e2f60292138"><span class="__cf_email__" data-cfemail="f59896969a9b9b909999db879a97908781b5908594db929a83">[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 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 NO<INF>X</INF> and VOCs set forth by the CAA
with respect to the 2008 and 2015 ozone standards, and Consent Order
#8377 that establishes NO<INF>X</INF> 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 NO<INF>X</INF> and VOCs set forth by the CAA
with respect to the 2008 and 2015 ozone standards, Consent Order #8377,
Modification 1, that establishes NO<INF>X</INF> 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 NO<INF>X</INF> 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 <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 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. 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 (NO<INF>X</INF>) 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]
BILLING CODE 6560-50-P
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