Proposed Rule2024-04133
Air Plan Approval; Connecticut; Source Monitoring, Record Keeping and Reporting
Primary source
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Published
February 29, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut addressing source monitoring in Connecticut. The principal proposed revision is replacement of Regulations of Connecticut State Agencies (RCSA) section 22a-174-4 (source monitoring, record keeping and reporting), which is currently in the Connecticut SIP, with a new regulation section 22a-174-4a, also called "source monitoring, record keeping and reporting." The source monitoring SIP revision provides monitoring, recordkeeping and reporting requirements to ensure that certain sources comply with applicable emissions limitations. This action is being taken under the Clean Air Act.
Full Text
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<title>Federal Register, Volume 89 Issue 41 (Thursday, February 29, 2024)</title>
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[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Proposed Rules]
[Pages 14792-14795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04133]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0377; FRL-11783-01-R1]
Air Plan Approval; Connecticut; Source Monitoring, Record Keeping
and Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Connecticut addressing source monitoring in Connecticut. The
principal proposed revision is replacement of Regulations of
Connecticut State Agencies (RCSA) section 22a-174-4 (source monitoring,
record keeping and reporting), which is currently in the Connecticut
SIP, with a new regulation section 22a-174-4a, also
[[Page 14793]]
called ``source monitoring, record keeping and reporting.'' The source
monitoring SIP revision provides monitoring, recordkeeping and
reporting requirements to ensure that certain sources comply with
applicable emissions limitations. This action is being taken under the
Clean Air Act.
DATES: Written comments must be received on or before April 1, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0377 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to Alison
Simcox at: <a href="/cdn-cgi/l/email-protection#80f3e9ede3eff8aee1ece9f3efeec0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="07746e6a64687f29666b6e7468694762776629606871">[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: Alison C. Simcox, Air Quality Branch
(AQB), Air and Radiation Division (ARD) (Mail Code 5-MD), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109-3912, (617) 918-1684;
<a href="/cdn-cgi/l/email-protection#2b584246484453054a47425844456b4e5b4a054c445d"><span class="__cf_email__" data-cfemail="13607a7e707c6b3d727f7a607c7d537663723d747c65">[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. Summary and Evaluation of Connecticut's SIP Revision
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
RCSA section 22a-174-4, ``Source monitoring, record keeping, and
reporting'' was adopted by the state of Connecticut in 1989. This
regulation defined how certain sources of air pollution are required to
conduct air emissions and opacity monitoring. In 2003, the Connecticut
Department of Environmental Protection (CT DEEP) proposed revisions to
section 22a-174-4, and, on July 16, 2014, EPA approved 22a-174-4 into
the Connecticut SIP (previously codified as Section 19-508-4). See 79
FR 41427.
In October 2022, to address changes in federal regulatory
requirements and source-monitoring technologies, CT DEEP replaced
section 22a-174-4 with 22a-174-4a (also called source monitoring,
record keeping, and reporting). This new regulation became effective in
Connecticut on October 28, 2022.
On November 17, 2022, CT DEEP submitted section 22a-174-4a as a SIP
revision for EPA approval. This submission included several citation
updates to other SIP-approved regulations (sections 22a-174-
3d(f)(1)(B), 22a-174-20(a)(12), 22a-174-22e(m)(1), 22a-174-22e(m)(4),
22a-174-38(j)(1), and 22a-2a-1(b)(3)).
On December 19, 2022, CT DEEP submitted a supplement to this SIP
revision that withdrew portions of the submitted regulatory text from
the November 17, 2022 submittal that are currently not part of the
Connecticut SIP (sections 22a-174-3d(f)(1)(B), 22a-174-38(j)(1), and
22a-2a-1(b)(3)).
On February 27, 2023, the state submitted a letter withdrawing one
additional provision (section 22a-174-4a (g)(6)) of the submitted
regulatory text in section 22a-174-4a. This letter also provided
additional information about CT DEEP's implementation of ``out-of-
control'' periods.
As described below, CT DEEP's SIP submittal, as modified by the
December 19, 2022 supplement and the February 27, 2023 letter,
strengthens its source monitoring requirements and, thus, the state's
ability to detect violations of emission limits. Therefore, we are
proposing to approve section 22a-174-4a, except for section 22a-174-
4a(g)(6) which CT DEEP excluded from inclusion in the SIP submission,
and the citation updates to related EPA-approved regulations into the
Connecticut SIP.
II. Summary and Evaluation of Connecticut's SIP Revision
EPA-approved RCSA section 22a-174-4 requires certain stationary
sources to install, operate, and maintain opacity and gaseous
continuous emissions monitoring (CEM) equipment. Opacity CEMs are also
known as continuous opacity monitoring systems (COMS). These stationary
sources, with some exemptions, include equipment that combusts coal,
liquid or solid fuel-burning equipment with a maximum rated heat input
equal to or greater than 250,000,000 British thermal units per hour
(Btu/hr), incinerators with a maximum rated input greater than 2,000
pounds per hour (lbs/hr), and process sources with particulate matter
(PM) emissions greater than 25 lbs/hr after application of control
equipment when operated at maximum rated capacity.
Connecticut's SIP submittal, as modified by the December 2022
supplement and the February 2023 letter (described in the background
section above), proposes to repeal section 22a-174-4 from the
Connecticut SIP and replace it with section 22a-174-4a. The new
regulation (section 22a-174-4a) applies to the same group of stationary
sources as section 22a-174-4 but is restructured to include provisions
that were either missing from or not clearly set out in section 22a-
174-4, such as the applicability of the regulation and a distinct
separation of opacity monitoring from other pollutant monitoring. The
new regulation also provides more detailed and clearer provisions
regarding performance specifications and quality-assurance requirements
that are consistent with current federal and state requirements.
Specifically, section 22a-174-4a adds a separate section on
applicability and clarifies that the regulation is intended to ensure
compliance with Connecticut General Statute Chapter 446c ``Air
Pollution Control,'' and regulations thereunder, which include all of
Section 22a-174 (formerly Sec. 19-508). The new regulation also
clarifies that it applies to sources that are required to install,
operate, and maintain CEMS or COMS.
EPA-approved section 22a-174-4 requires sources with CEMS or COMS
to submit a monitoring plan to the state for
[[Page 14794]]
approval at least 60 days before initiation of required performance
specification testing. This plan must contain a description of the
source, including type of unit or process, type of fuel combusted,
type(s) of emission control devices, and operation parameters, as well
as monitoring equipment design, proposed monitor location and sampling
site location. In addition, the plan must provide performance
specification testing (conducted by the source) for each pollutant, and
a quality assurance (QA) plan that includes, among other things,
corrective action for monitoring system breakdowns.
The new regulation section 22a-174-4a requires a similar monitoring
plan, called an ``initial monitoring plan,'' to be submitted
electronically to the state not less than 90 days before initiation of
required performance specification testing. This initial monitoring
plan must be approved by the state. Section 22a-174-4a adds a new
provision (i.e., not included in 22a-174-4) that if an existing CEMS or
COMS undergoes a significant change that makes a previously submitted
monitoring plan inaccurate, a revised monitoring plan must be submitted
electronically for state approval not more than 14 days after
completion of the CEMS or COMS modification. Also, sources are required
to maintain hardcopy or electronic records of all monitoring plans
(initial and revised).
EPA-approved RCSA section 22a-174-4 requires any source with CEM
equipment to conduct QA audits during each calendar quarter in which
the source operates. The new regulation (section 22a-174-4a)
strengthens this requirement by requiring these sources to perform
annual, quarterly, and daily QA audits. In addition, each new CEMS must
undergo an initial certification for each monitored pollutant,
including a Relative Accuracy Test Audit certification, and each
modified CEMS must be recertified for each pollutant or diluent for
which the monitor was modified. Section 22a-174-4a also requires audit
reports and COMS or CEMS reports to be submitted to CT DEEP each
calendar quarter. These quarterly reports must include a summary of
excess emissions and the CEMS or COMS performance, including a list of
all periods of malfunctions of the CEMS or COMS.
As described in the background section above, CT DEEP's source-
monitoring SIP submittal includes the original November 17, 2022
submittal plus the December 19, 2022 supplement and the February 27,
2023 letter. The source-monitoring submittal includes all of section
22a-174-4a, except 22a-174-4a(g)(6)), which would have allowed CT DEEP
to waive certain minimum data availability requirements. The submittal
also includes several citation updates to other SIP-approved
regulations. These citation updates are in RCSA sections 22a-174-
20(a)(12), 22a-174-22e(m)(1), and 22a-174-22e(m)(4). In addition, the
submittal provides additional information about CT DEEP's
implementation of ``out-of-control'' periods. Specifically, the
provisions of 40 CFR 75, Appendix B and 40 CFR 60, Appendix F describe
when an out-of-control period begins and ends. Therefore, determination
of these periods would not be a matter of discretionary judgment by CT
DEEP.
EPA has determined that CT DEEP's source-monitoring SIP submittal
strengthens its source monitoring requirements and, thus, the state's
ability to detect violations of emission limits.
III. Proposed Action
EPA is proposing to approve RCSA Section 22a-174-4a ``Source
monitoring, record keeping and reporting,'' except for section 22a-174-
4a(g)(6). We are also proposing to approve modifications to sections
22a-174-20(a)(12), 22a-174-22e(m)(1), and 22a-174-22e(m)(4) into the
Connecticut SIP. In addition, we are proposing to replace RCSA section
22a-174-4, which is currently in the Connecticut SIP, with RCSA section
22a-174-4a.
As described above, CT DEEP has adequately demonstrated that its
source-monitoring SIP revisions would strengthen Connecticut's
monitoring requirements and, thus, the state's ability to detect
violations of emission limits. Moreover, these revisions will not
interfere with attainment or maintenance of air quality standards or
other applicable CAA requirements as required by section 110(l) of the
CAA.
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 this
proposed rule by following the instructions 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 Connecticut's regulation section 22a-174-4a (source
monitoring, record keeping and reporting), and modifications to
sections 22a-174-20(a)(12), 22a-174-22e(m)(1), and 22a-174-22e(m)(4) as
discussed in section II. 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).
EPA is also proposing to remove Connecticut's regulation section
22a-174-4 (source monitoring, record keeping and reporting), which was
approved July 16, 2014 (79 FR 41427), from the Connecticut SIP.
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. See 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 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 (Public Law 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);
[[Page 14795]]
<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).
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 Connecticut 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 23, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-04133 Filed 2-28-24; 8:45 am]
BILLING CODE 6560-50-P
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