Proposed Rule2023-14893
Air Plan Approval and Operating Permit Program Approval; Connecticut; Revision to Definitions
Primary source
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Published
July 17, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revised definition in the State Implementation Plan (SIP) and the Title V Operating Permit Program for the State of Connecticut. On June 9, 2023, the Connecticut Department of Energy and Environmental Protection (CT DEEP) submitted to EPA a request to parallel process recently proposed revisions to the state's definition of "severe non- attainment area for ozone" for inclusion in the EPA-approved SIP and Title V Operating Permit Program. The revision is necessary to fully implement these programs based on a nonattainment reclassification to a portion of Connecticut for the 2008 ozone National Ambient Air Quality Standard. EPA is approving these revisions pursuant to the CAA and implementing federal regulations.
Full Text
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<title>Federal Register, Volume 88 Issue 135 (Monday, July 17, 2023)</title>
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[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Proposed Rules]
[Pages 45373-45376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14893]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 70
[EPA-R01-OAR-2023-0353; FRL-11161-01-R1]
Air Plan Approval and Operating Permit Program Approval;
Connecticut; Revision to Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revised definition in the State Implementation Plan (SIP) and
the Title V Operating Permit Program for the State of Connecticut. On
June 9, 2023, the Connecticut Department of Energy and Environmental
Protection (CT DEEP) submitted to EPA a request to parallel process
recently proposed revisions to the state's definition of ``severe non-
attainment area for ozone'' for inclusion in the EPA-approved SIP and
Title V Operating Permit Program. The revision is necessary to fully
implement these programs based on a nonattainment reclassification to a
portion of Connecticut for the 2008 ozone National Ambient Air Quality
Standard. EPA is approving these revisions pursuant to the CAA and
implementing federal regulations.
DATES: Written comments must be received on or before August 16, 2023.
[[Page 45374]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0353 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#04666d76602a746570766d676f446174652a636b72"><span class="__cf_email__" data-cfemail="e3818a9187cd938297918a8088a3869382cd848c95">[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.
FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air and Radiation
Division, U.S. Environmental Protection Agency, EPA Region 1, 5 Post
Office Square--Suite 100, (Mail code 5-MO), Boston, MA 02109-3912, tel.
(617) 918-1287, email <a href="/cdn-cgi/l/email-protection#e3818a9187cd938297918a8088a3869382cd848c95"><span class="__cf_email__" data-cfemail="4a2823382e643a2b3e382329210a2f3a2b642d253c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Impacts on Reasonably Available Control Technology, New Source
Review and Title V Programs
III. Review of CT DEEP's Submittal
IV. Parallel Processing
V. Proposed Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
On October 7, 2022, EPA published a final rule to reclassify, among
other areas, the southwest Connecticut ozone nonattainment area to
severe nonattainment from serious nonattainment based on the area's
inability to attain the 2008 ozone National Ambient Air Quality
Standard (NAAQS) by the attainment date (87 FR 60926).
Connecticut regulations define nonattainment areas in a geographic
manner. The current definition of ``severe non-attainment area for
ozone,'' as found in 22a-174-1 of the Regulations of Connecticut State
Agencies (RCSA), is based on the nonattainment area designation under
the 1-hour ozone NAAQS of 1979. The area includes all towns and cities
in Fairfield County, except the town of Shelton, and two towns in
Litchfield County (Bridgewater and New Milford). The current definition
of ``serious non-attainment area for ozone,'' as found in RCSA 22a-174-
1, ``means all towns within the State of Connecticut, except those
towns located in the severe non-attainment area for ozone.''
The southwest Connecticut ozone nonattainment area for the 2008
ozone NAAQS is larger than the older area associated with the 1979
ozone NAAQS, and it includes all of Fairfield County, New Haven County,
and Middlesex County.
On March 20, 2023, CT DEEP proposed changes to the definition of
``severe non-attainment area for ozone'' within RCSA 22a-174-1. A
public comment period was open through May 10, 2023. The proposed
change to the definition expanded the list of cities and towns included
in the existing definition, including all cities and towns in New Haven
County and Middlesex County. CT DEEP retained the two towns in
Litchfield County to ensure consistency in the severe classification
requirements in these communities and to comply with section 193 of the
CAA which prohibits any control measure in effect in a nonattainment
area prior to the enactment of the CAA Amendments of 1990 to be
modified after enactment, unless such modification yields equivalent or
greater emission reductions.
II. Impacts on Reasonably Available Control Technology, New Source
Review and Title V Programs
Changes in an area's ozone nonattainment classification impact,
among other things, the tons per year threshold for major stationary
sources. Consistent with section 182(d) of the CAA, upon the effective
date of the reclassification, a major source for all severe
nonattainment areas, including the southwest Connecticut ozone
nonattainment area, was defined as any stationary source that emits, or
has the potential to emit, at least 25 tons per year of nitrogen oxides
or voltile organic compounds. Given the way in which Connecticut's
definitions and regulatory programs are structured, the
reclassification from serious to severe nonattainment creates a
programmatic gap between the federal major source threshold and the
state major source threshold in portions of the southwest Connecticut
ozone nonattainment area.
Connecticut regulations incorporate the definition of ``severe non-
attainment area for ozone'' and ``serious non-attainment area for
ozone'' into several key definitions and program requirements that
guide determinations of applicability to programs such as reasonably
available control technology (RACT), the New Source Review
preconstruction permitting program and the Title V operating permitting
program, as well as prohibitory rules that limit a source's potential
to emit to below Title V permitting thresholds.
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. Specifically,
these areas are required to implement RACT for all major stationary
sources of nitrogen oxides and volatile organic compounds, and for all
sources covered by a Control Techniques Guideline. EPA approved
Connecticut's RACT regulations into the SIP for volatile organic
compounds at RCSA 22a-174-32 and for nitrogen oxides at RCSA 22a-174-
22. The applicability of these RACT regulations relies, in part, on the
definitions of ``severe non-attainment area for ozone'' and ``serious
non-attainment area for ozone'' within RCSA 22a-174-1. Therefore,
revisions to the geographic scope of those definitions impact how RCSA
22a-174-22 and RCSA 22a-174-32 are implemented.
Connecticut's New Source Review program is federally enforceable
through EPA's approval of applicable regulations into the Connecticut
SIP. EPA last
[[Page 45375]]
approved New Source Review SIP elements on February 15, 2019 (84 FR
4338). Within Connecticut's rules, a ``major stationary source,'' as
defined at RCSA 22a-174-1, includes, ``[a] stationary source that emits
or has the potential to emit twenty-five (25) tons per year of volatile
organic compounds or nitrogen oxides as an ozone precursor in any
severe ozone nonattainment area'' and ``[a] stationary source that
emits or has the potential to emit fifty (50) tons per year of volatile
organic compounds or nitrogen oxides as an ozone precursor in any
serious ozone nonattainment area.''
Connecticut's New Source Review permitting program relies on the
definition of ``major stationary source'' within the applicability
sections of the state's prevention of significant deterioration program
at RCSA 22a-174-3a(k) and nonattainment New Source Review program at
RCSA 22a-174-3a(l). Therefore, the thresholds within the definition of
``major stationary source,'' and that term's inclusion in the
applicability sections of the state's New Source Review programs,
directly rely on the geographic-specific definitions of ``severe non-
attainment area for ozone'' and ``serious non-attainment area for
ozone'' within RCSA 22a-174-1.
Connecticut's Title V program is an EPA-approved operating permits
program under 40 CFR part 70. See the y on the geographic-specific
definitions of ``severe non-attainment area for ozone'' and ``serious
non-attainment area for ozone'' within RCSA 22a-174-1.
Connecticut also has two EPA-approved prohibitory rules that limit
sources' potential to emit to below Title V thresholds. RCSA 22a-174-
33a and 22a-174-33b were approved by EPA on March 11, 2022 (87 FR
13936) and provide a mechanism for Connecticut sources to comply with
legally and practicably enforceable limits to levels 50% or 80% of the
Title V thresholds for regulated NSR pollutants or hazardous air
pollutants. RCSA 22a-174-33a and 22a-174-33b both define ````Title V
source thresholds'' to mean the tons per year levels in the definition
of ``Title V source,'' as found in the state's Title V operating permit
program at RCSA 22a-174-33. Again, through reliance on the terms
``severe non-attainment area for ozone'' and ``serious non-attainment
area for ozone,'' the geographic scope of those definitions impact how
RCSA 22a-174-33a and 22a-174-33b are implemented.
III. Review of CT DEEP's Submittal
On June 9, 2023, CT DEEP submitted to EPA a revised version of the
definition of ``severe non-attainment area for ozone'' within RCSA 22a-
174-1 for approval into the SIP and as a program revision to the
state's Title V operating permitting program. The proposed definition
includes all cities and towns in Fairfield County, New Haven County,
Middlesex County and the towns of Bridgewater and New Milford of
Litchfield County.
The definition is consistent with what was proposed at the state
level on March 20, 2023. At the time of state proposal, EPA reviewed
the RACT, New Source Review, Title V, and applicable prohibitory rules
to determine if any other regulatory revisions were needed to satisfy
the immediate impacts related to the programmatic gap between the
federal major source threshold and the state major source threshold in
portions of the southwest Connecticut ozone nonattainment area due to
the reclassification of the area to severe nonattainment. As described
in sections I. and II. of this notice, the terms ``severe non-
attainment area for ozone'' and ``serious non-attainment area for
ozone'' are applicable within several sections of the state's rules,
and EPA concluded that by revising the definition of ``severe non-
attainment area for ozone'' within RCSA 22a-174-1, several programs
would be immediately compliant with the federal major source threshold
as part of EPA's reclassification of the southwest Connecticut ozone
nonattainment area to severe nonattainment.
IV. Parallel Processing
In CT DEEP's June 9, 2023 submittal, the state requested parallel
processing of the revised definition of ``severe non-attainment area
for ozone'' within RCSA 22a-174-1 for approval within the Connecticut
SIP and as a Title V program revision. Under this procedure, EPA would
propose for approval the revision before the state's final adoption of
the definition. Given the significance of this revision on several
important CAA programs, we see the value in proceeding with parallel
processing. Connecticut has also indicated that no comments were
submitted concerning the definition of ``severe non-attainment area for
ozone'' during the public comment period for the state rulemaking.
Connecticut has indicated that it plans to have a final adopted
regulation by October or November of 2023. After Connecticut submits
its final adopted regulation, EPA will review the regulation to
determine whether it differs from the proposed regulation submitted on
June 9, 2023.
If the final regulation does not differ from the proposed
regulation, EPA will process a final rule, adopting the revised
definition into the SIP and as a Title V program revision. If the final
regulation does differ from the proposed regulation, EPA will determine
whether these differences are significant. Based on EPA's determination
regarding the significance of any changes in the final regulation, EPA
would then decide whether it is appropriate to prepare a final rule and
describe the changes in the final rulemaking action, re-propose action
based on Connecticut's final adopted regulation, or other such action
as may be appropriate.
V. Proposed Action
EPA is proposing to approve Connecticut's revised definition of
``severe non-attainment area for ozone'' within RCSA section 22a-174-1,
as proposed by the state on March 20, 2023 and submitted to EPA on June
9, 2023 with a request to parallel process the proposal. EPA is
proposing to approve this revised definition within the Connecticut SIP
and as a Title V program revision.
EPA is soliciting public comments on the revised definition and
programmatic implications 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 this proposed rule by following the
instructions listed in the ADDRESSES section of this Federal Register.
VI. 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 revised definition of ``severe non-attainment area for
ozone'' within Connecticut's RCSA section 22a-174-1, which, upon final
action, will have impacts to several state regulations, including RACT,
the state's New Source Review program, and applicable prohibitory
regulations as discussed in section II. of this preamble. The impact of
this revision will change the threshold by which these State programs
will apply to sources of NOx and VOCs in Connecticut. 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
[[Page 45376]]
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VII. Statutory and Executive Order Reviews
In reviewing SIP and Title V submissions, EPA's role is to approve
such submissions, provided that they meet the criteria of the CAA and
EPA's implementing regulations. These actions merely approve state law
as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For that reason, these
actions:
<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); and
<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.
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).
Furthermore, the rules regarding Title V operating permit programs
do not have tribal implications because they are not approved to apply
to any source of air pollution over which an Indian Tribe has
jurisdiction, nor will these rules impose substantial direct costs on
tribal governments or preempt tribal law.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The CT DEEP did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating Permits,
Reporting and recordkeeping requirements.
Dated: July 10, 2023.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2023-14893 Filed 7-14-23; 8:45 am]
BILLING CODE 6560-50-P
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