Rule2023-18909
Air Plan Approval; Connecticut; New Source Review Permit Program State Plan Revision
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
September 5, 2023
Effective
October 5, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to the Connecticut State Implementation Plan (leSIP) concerning ruits New Source Review (NSR) permit program. The Connecticut Department of Energy and Environmental Protection (CT DEEP) submitted these revisions on December 15, 2020, as well as a supplemental letter on February 14, 2023. The revised SIP incorporates various updates to CT DEEP's NSR procedural requirements, substantive review criteria, provisions related to the control of volatile organic compounds (VOCs), and clarifying revisions to existing SIP-approved regulations. EPA is also fully approving the state's infrastructure SIP for the 2015 National Ambient Air Quality Standards (NAAQS) ozone standard, which was previously conditionally approved.
Full Text
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<title>Federal Register, Volume 88 Issue 170 (Tuesday, September 5, 2023)</title>
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[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Rules and Regulations]
[Pages 60591-60594]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18909]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0189; FRL-10876-02-R1]
Air Plan Approval; Connecticut; New Source Review Permit Program
State Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Connecticut State Implementation Plan (leSIP)
concerning ruits New Source Review (NSR) permit program. The
Connecticut Department of Energy and Environmental Protection (CT DEEP)
submitted these revisions on December 15, 2020, as well as a
supplemental letter on February 14, 2023. The revised SIP incorporates
various updates to CT DEEP's NSR procedural requirements, substantive
review criteria, provisions related to the control of volatile organic
compounds (VOCs), and clarifying revisions to existing SIP-approved
regulations. EPA is also fully approving the state's infrastructure SIP
for the 2015 National Ambient Air Quality Standards (NAAQS) ozone
standard, which was previously conditionally approved.
DATES: This rule is effective on October 5, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2023-0189. 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: Jessica Kilpatrick, Air Permits,
Toxics,
[[Page 60592]]
and Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square,
APTB05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-918-
0652 Email: <a href="/cdn-cgi/l/email-protection#ddb6b4b1adbca9afb4beb6f3b7b8aeaeb4bebc9db8adbcf3bab2ab"><span class="__cf_email__" data-cfemail="1e7577726e7f6a6c777d7530747b6d6d777d7f5e7b6e7f30797168">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On April 11, 2023, EPA published a Notice of Proposed Rulemaking
(NPRM) for the State of Connecticut. The NPRM proposed approving CT
DEEP's revised SIP for its NSR permit program at Regulations of
Connecticut State Agencies (RCSA) 22a-174-2a, 22a-174-3a, and 22a-174-
20. The NPRM also proposed to convert a conditional approval to full
approval for the 2015 NAAQS ozone standard infrastructure SIP as it
relates to Clean Air Act (CAA) section 110(a)(2)(K) and for the
Prevention of Significant Deterioration (PSD) requirements of CAA
sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J). CT DEEP
initially submitted a formal SIP revision to EPA on December 15, 2020,
and a supplemental clarification letter was submitted on February 14,
2023. The rationale for EPA's proposed approval of the revised SIP is
explained in the NPRM and will not be restated here. No germane
comments were received regarding the NPRM.
II. Response to Comments
EPA received four comments during the comment period, all of which
were identical and outside the scope of this action. As such, these
comments are nongermane and do not require further response to finalize
the action as proposed. Nevertheless, EPA is including these comments
in the docket for this rule.
III. Final Action
EPA is approving CT DEEP's revised SIP for its NSR permit program
as well as converting a conditional approval to a full approval for
2015 NAAQS ozone standard requirements in the Connecticut
infrastructure SIP. Specifically, EPA is amending 40 CFR part 52,
subpart H--Connecticut to include revisions to RCSA 22a-174-2a
(Procedural Requirements for New Source Review and Title V Permitting),
22a-174-3a (Permit to Construct and Operate Stationary Sources), and
22a-174-20 (Control of Organic Compound Emissions) and is updating the
CAA 110(a)(2) infrastructure requirements. Specifically, EPA is
approving revisions to:
<bullet> Regulations of Connecticut State Agencies Section 22a-174-
2a ``Procedural Requirements for New Source Review and Title V
Permitting,'' 22a-174-2a(c)(3), 22a-174-2a(d)(9), 22a-174-2a(e)(3)(C),
22a-174-2a(e)(3)(E), 22a-174-2a(e)(7), 22a-174-2a(f)(2), and 22a-174-
2a(f)(2)(G), amended by the State of Connecticut on November 18, 2020;
<bullet> Regulations of Connecticut State Agencies Section 22a-174-
3a, ``Permit to Construct and Operate Stationary Sources,'' at 22a-174-
3a(a)(2)(A)(ii) through (v), 22a-174-3a(a)(5), 22a-174-3a(d)(3)(B) and
(C), 22a-174-3a(i) Table 3a(i)-1, 22a-174-3a(i)(2), 22a-174-
3a(j)(1)(B), 22a-174-3a(j)(8)(A), 22a-174-3a(k)(3) and (4), 22a-174-
3a(k)(6)(A), 22a-174-3a(k)(7) Table 3a(k)-1, and 22a-174-3a(l)(1),
amended by the State of Connecticut on November 18, 2020; and
<bullet> Regulations of Connecticut State Agencies Section 22a-174-
20, ``Control of Organic Compound Emissions,'' at 22a-174-20(gg)(8),
amended by the State of Connecticut on November 18, 2020.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the
provisions regulating NSR permitting as described in section III. of
this preamble. These provisions update the CT DEEP's NSR procedural
requirements, add to substantive review criteria for CT DEEP's NSR
permitting process, and revise provisions related to the control of
VOCs. 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 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 CAA, 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 CAA. 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); 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 CAA.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 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,
[[Page 60593]]
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.''
CT DEEP did not evaluate EJ 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.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 6, 2023. 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, Administrative
practice and procedure, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: August 28, 2023.
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)(129) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(129) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 15,
2020, and supplemented on February 14, 2023.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies Section 22a-174-2a
``Procedural Requirements for New Source Review and Title V
Permitting,'' 22a-174-2a(c)(3), 22a-174-2a(d)(9), 22a-174-2a(e)(3)(C),
22a-174-2a(e)(3)(E), 22a-174-2a(e)(7), 22a-174-2a(f)(2), and 22a-174-
2a(f)(2)(G), amended by the State of Connecticut on November 18, 2020.
(B) Regulations of Connecticut State Agencies Section 22a-174-3a,
``Permit to Construct and Operate Stationary Sources,'' at 22a-174-
3a(a)(2)(A)(ii) through (v), 22a-174-3a(a)(5), 22a-174-3a(d)(3)(B) and
(C), 22a-174-3a(i) Table 3a(i)-1, 22a-174-3a(i)(2), 22a-174-
3a(j)(1)(B), 22a-174-3a(j)(8)(A), 22a-174-3a(k)(3) and (4), 22a-174-
3a(k)(6)(A), 22a-174-3a(k)(7) Table 3a(k)-1, and 22a-174-3a(l)(1),
amended by the State of Connecticut on November 18, 2020.
(C) Regulations of Connecticut State Agencies Section 22a-174-20,
``Control of Organic Compound Emissions,'' at 22a-174-20(gg)(8),
amended by the State of Connecticut on November 18, 2020.
(ii) Additional materials.
(A) Letter from CT DEEP submitted to EPA on December 15, 2020,
entitled ``State Implementation Plan Revision Concerning the New Source
Review Permit Program Update.''
(B) Letter from CT DEEP submitted to EPA on February 14, 2023,
entitled ``Re: Supplement to the State Implementation Plan Revision
Concerning the NSR Program Update.''
0
3. Section 52.385 is amended in Table 52.385 by adding:
0
a. A third entry for ``22a-174-2a'' before the entry for ``22a-174-3;
0
b. A sixth entry for ``22a-174-3a'' before the entry for '' 22a-174-
3b''; and
0
c. A fifth entry for '' 22a-174-20'' before the entry ``22a-174-21''.
The additions read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
Table 52.385--EPA-Approved Regulations
----------------------------------------------------------------------------------------------------------------
Dates
------------------------
Connecticut state Title/subject Date Date Federal Register Section Comments/
citation adopted by approved citation 52.370 description
State by EPA
----------------------------------------------------------------------------------------------------------------
* * * * * * *
22a-174-2a.......... Procedural 11/18/20 9/5/23 [INSERT Federal (c)(129) Revisions made
Requirements for Register to 22a-174-
New Source CITATION]. 2a(c)(3), 22a-
Review and Title 174-2a(d)(9),
V Permitting. 22a-174-2a(e)(3
)(C), 22a-174-
2a(e)(3)(E),
22a-174-2a(e)(7
), 22a-174-
2a(f)(2), and
22a-174-2a(f)(2
)(G).
[[Page 60594]]
* * * * * * *
22a-174-3a.......... Permit to 11/18/20 9/5/23 [INSERT Federal (c)(129) Revisions made
Construct and Register to 22a-174-
Operate CITATION]. 3a(a)(2)(A)(ii)
Stationary through (v),
Sources. 22a-174-3a(a)(5
), 22a-174-
3a(d)(3)(B) and
(C), 22a-174-
3a(i) Table
3a(i)-1, 22a-
174-3a(i)(2),
22a-174-3a(j)(1
)(B), 22a-174-
3a(j)(8)(A),
22a-174-3a(k)(3
) and (4), 22a-
174-3a(k)(6)(A)
, 22a-174-
3a(k)(7) Table
3a(k)-1, and
22a-174-3a(l)(1
).
* * * * * * *
22a-174-20.......... Control of 11/18/20 9/5/23 [INSERT Federal (c)(129) Revisions made
Organic Compound Register to 22a-174-
Emissions. CITATION]. 20(gg)(8).
* * * * * * *
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0
4. Section 52.386 is amended by revising paragraph (e) to read as
follows:
Sec. 52.386 Section 110(a)(2) infrastructure requirements.
* * * * *
(e) CT DEEP submitted an infrastructure SIP for the 2015 ozone
NAAQS on September 7, 2018. This infrastructure SIP was approved, with
the exception of CAA section 110(a)(2)(K) and the PSD-related
requirements of CAA sections 110(a)(2)(D)(i)(II), 110(a)(2)(C), and
110(a)(2)(J), which were conditionally approved. On December 15, 2020,
CT DEEP submitted SIP revisions to address the conditional approval.
EPA fully approves the revised infrastructure SIP for the 2015 ozone
NAAQS.
* * * * *
[FR Doc. 2023-18909 Filed 9-1-23; 8:45 am]
BILLING CODE 6560-50-P
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