Rule2024-14620
Air Plan Approval; Connecticut; Source Monitoring, Record Keeping and Reporting
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
July 8, 2024
Effective
August 7, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision addresses source monitoring in Connecticut. The principal revision is replacement of Regulations of Connecticut State Agencies (RCSA) section 22a-174-4 (source monitoring, record keeping and reporting) with a new regulation section 22a-174-4a, also called "source monitoring, record keeping and reporting," in the Connecticut SIP. This 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 in accordance with the Clean Air Act.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 130 (Monday, July 8, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Rules and Regulations]
[Pages 55888-55891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14620]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0377; FRL-11783-02-R1]
Air Plan Approval; Connecticut; Source Monitoring, Record Keeping
and Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of
Connecticut. This revision addresses source monitoring in Connecticut.
The principal revision is replacement of Regulations of Connecticut
State Agencies (RCSA) section 22a-174-4 (source monitoring, record
keeping and reporting) with a new regulation section 22a-174-4a, also
called ``source monitoring, record keeping and reporting,'' in the
Connecticut SIP. This 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 in accordance with the Clean Air Act.
DATES: This rule is effective on August 7, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2023-0377. 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
[[Page 55889]]
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#e3908a8e808c9bcd828f8a908c8da3869382cd848c95"><span class="__cf_email__" data-cfemail="e093898d838f98ce818c89938f8ea0859081ce878f96">[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. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On February 29, 2024 (89 FR 14792), EPA published a notice of
proposed rulemaking (NPRM) for the State of Connecticut.
The NPRM proposed approval of RCSA Section 22a-174-4a ``Source
monitoring, record keeping and reporting,'' except for section 22a-174-
4a(g)(6), as well as 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, the NPRM proposed to replace RCSA section 22a-174-4 with RCSA
section 22a-174-4a in the Connecticut SIP.
The formal SIP revision was submitted by Connecticut on November
17, 2022. On December 19, 2022, CT DEEP submitted a supplement to this
SIP revision that withdrew portions of the submitted regulatory text
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. Therefore, the
complete SIP submittal included the November 17, 2022, submittal, as
modified by the December 19, 2022, supplement and the February 27,
2023, letter.
CT DEEP's source monitoring SIP submittal strengthens its source
monitoring requirements and, thus, the State's ability to detect
violations of emission limits. Detailed rationale for EPA's proposed
action is explained in the NPRM and will not be restated here.
II. Response to Comments
EPA received two comments during the comment period. One comment
supported the EPA's proposed action. One comment discusses subjects
outside the scope of this SIP action, does not explain (or provide a
legal basis for) how the proposed action should differ in any way, and
makes no specific mention of the proposed action. As such, the latter
comment is not germane and does not require a further response to
finalize the action as proposed.
III. Final Action
EPA is approving RCSA Section 22a-174-4a ``Source monitoring,
record keeping and reporting,'' except for section 22a-174-4a(g)(6), as
well as modifications to sections 22a-174-20(a)(12), 22a-174-22e(m)(1),
and 22a-174-22e(m)(4) as a revision to the Connecticut SIP. In
addition, we are replacing RCSA section 22a-174-4 with RCSA section
22a-174-4a in the Connecticut SIP.
IV. 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 the RCSA
Regulations, which address source monitoring in Connecticut, described
in sections I. and III. of this preamble and as set forth in the
amendments to 40 CFR part 52 below. 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).
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 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 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,
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, 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
[[Page 55890]]
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.
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 September 6, 2024. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 27, 2024.
David Cash,
Regional Administrator, EPA Region 1.
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. Amend Sec. 52.370 by adding paragraphs (c)(104)(i)(B)(4) and
(c)(131) to read as follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(104) * * *
(i) * * *
(B) * * *
(4) Previously approved on July 16, 2014 in paragraph
(c)(104)(B)(1) of this section and now deleted with replacement in
paragraph (c)(131)(i)(A) of this section, as regulation 22a-174-4a.
* * * * *
(131) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
November 17, 2022, and supplemented on December 19, 2022 and February
27, 2023.
(i) Incorporation by reference. (A) Regulations of Connecticut
State Agencies Section 22a-174-4a, entitled ``Source monitoring, record
keeping, and reporting,'' effective October 28, 2022.
(B) Regulations of Connecticut State Agencies Section 22a-174-20,
entitled ``Control of organic compound emissions,'' specifically 22a-
174-20(a)(12), amended by the State of Connecticut on October 28, 2022.
(C) Regulations of Connecticut State Agencies Section 22a-174-22e,
entitled ``Control of nitrogen oxides emissions from fuel-burning
equipment at major stationary sources of nitrogen oxides,''
specifically 22a-174-22e(m)(1) and (m)(4), amended by the State of
Connecticut on October 28, 2022.
(ii) Additional materials. (A) Letter from the Connecticut
Department of Energy and Environmental Protection dated November 17,
2022, submitting a revision to the Connecticut State Implementation
Plan.
(B) Letter from the Connecticut Department of Energy and
Environmental Protection dated December 19, 2022, supplementing a
revision to the Connecticut State Implementation Plan.
(C) Letter from the Connecticut Department of Energy and
Environmental Protection dated February 27, 2023, clarifying a revision
to the Connecticut State Implementation Plan.
0
3. Amend Sec. 52.385, in table 52.385, by:
0
a. Revising the second entry for ``22a-174-4'' before the entry for
``22a-174-5'';
0
b. Adding an entry for ``22a-174-4a'' before the entry for ``22a-174-
5'';
0
c. Adding a sixth entry for ``22a-174-20'' before the entry for ``22a-
174-21''; and
0
d. Adding a fourth entry for ``22a-174-22e'' before the entry for
``22a-174-22f''.
The revision and additions read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates
--------------------------
Connecticut State citation Title/subject Date Date Federal Register Section 52.370 Comments/ description
adopted by approved by citation
State EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
22a-174-4.................... Source monitoring, 4/1/2004 7/16/2014 79 FR 41427.......... (c)(104).................. Replaced by 22a-174-
record keeping, and 4a, see (c)(131).
reporting.
[[Page 55891]]
22a-174-4a................... Source monitoring, 10/28/2022 7/8/2024 [Insert Federal (c)(131).................. Replaces 22a-174-4.
record keeping, and Register citation].
reporting.
* * * * * * *
22a-174-20................... Control of organic 10/28/2022 7/8/2024 [Insert Federal (c)(131).................. Amends 22a-174-
compound emissions. Register citation]. 20(a)(12).
* * * * * * *
22a-174-22e.................. Control of nitrogen 10/28/2022 7/8/2024 [Insert Federal (c)(131).................. Amends 22a-174-
oxides emissions Register citation]. 2e(m)(1) and (m)(4).
from fuel-burning
equipment at major
stationary sources
of nitrogen oxides.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2024-14620 Filed 7-5-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 8, 2024.
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.