Rule2024-16415
Designations of Areas for Air Quality Planning Purposes; Connecticut; Greater Connecticut 2015 8-Hour Ozone Nonattainment Area; Reclassification to Serious
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 29, 2024
Effective
July 29, 2024
Issuing agencies
Environmental Protection Agency
Abstract
Under the Clean Air Act (CAA or the "Act"), the Environmental Protection Agency (EPA) is granting a request from the State of Connecticut to reclassify the Greater Connecticut ozone nonattainment area from "Moderate" to "Serious" for the 2015 8-hour ozone national ambient air quality standards (NAAQS). This action does not reclassify any areas of Indian country within the boundaries of this ozone nonattainment area.
Full Text
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<title>Federal Register, Volume 89 Issue 145 (Monday, July 29, 2024)</title>
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[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Rules and Regulations]
[Pages 60827-60830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16415]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R01-OAR-2024-0325; FRL-12126-01-R1]
Designations of Areas for Air Quality Planning Purposes;
Connecticut; Greater Connecticut 2015 8-Hour Ozone Nonattainment Area;
Reclassification to Serious
AGENCY: Environmental Protection Agency (EPA).
[[Page 60828]]
ACTION: Final rule.
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SUMMARY: Under the Clean Air Act (CAA or the ``Act''), the
Environmental Protection Agency (EPA) is granting a request from the
State of Connecticut to reclassify the Greater Connecticut ozone
nonattainment area from ``Moderate'' to ``Serious'' for the 2015 8-hour
ozone national ambient air quality standards (NAAQS). This action does
not reclassify any areas of Indian country within the boundaries of
this ozone nonattainment area.
DATES: This rule is effective on July 29, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2024-0325. 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: Patrick Lillis, Air and Radiation
Division (Mail Code 5-MI), U.S. Environmental Protection Agency, Region
1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912;
tel. (617) 918-1067, or by email at <a href="/cdn-cgi/l/email-protection#1f73767373766c316f7e6b6d767c745f7a6f7e31787069"><span class="__cf_email__" data-cfemail="bad6d3d6d6d3c994cadbcec8d3d9d1fadfcadb94ddd5cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Reclassification of the Greater Connecticut Area to Serious Ozone
Nonattainment
II. Statutory and Executive Order Reviews
I. Reclassification of the Greater Connecticut Area to Serious Ozone
Nonattainment
Effective November 7, 2022 the EPA reclassified the Greater
Connecticut area under the CAA from ``Marginal'' to ``Moderate'' for
the 2015 8-hour ozone NAAQS. See 87 FR 60897 (October 7, 2022).\1\ This
area is herein referred to as the Greater Connecticut 2015 NAAQS
nonattainment area. Classification of this area as a Moderate ozone
nonattainment area established a requirement that the area attain the
2015 ozone NAAQS as expeditiously as practicable, but no later than six
years from the date of the original designation for the area, i.e., by
August 3, 2024. On June 13, 2024, the Connecticut Department of Energy
and Environmental Protection requested that the EPA reclassify the
Greater Connecticut 2015 ozone NAAQS nonattainment area from Moderate
to Serious if EPA either fails to issue a decision on Connecticut's
exceptional events demonstration in a timely manner or EPA determines
that certain data requested for exclusion does not qualify for
exclusion under the Exceptional Events rule.\2\ In accordance with
Connecticut's June 13, 2024 letter, we are reclassifying the Greater
Connecticut 2015 NAAQS nonattainment area to Serious as the State
requested.
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\1\ See 83 FR 25776; June 4, 2018.
\2\ A copy of Connecticut's exceptional events demonstration and
EPA's decision is included in the docket for this rule.
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We are approving Connecticut's reclassification request under
section 181(b)(3) of the Act, which provides for ``voluntary
reclassification.'' Because the plain language of CAA section 181(b)(3)
mandates that we approve such a request, the EPA is granting
Connecticut's request for voluntary reclassification under section
181(b)(3) for the Greater Connecticut NAAQS nonattainment area for the
2015 ozone NAAQS, and the EPA is reclassifying the area from Moderate
to Serious. Because of this action, the Greater Connecticut 2015 NAAQS
nonattainment area must now attain the 2015 ozone NAAQS as
expeditiously as practicable, but no later than nine years from the
date of the initial designation as nonattainment, i.e., by August 3,
2027. We will propose a schedule for required plan submittals for the
Greater Connecticut 2015 ozone NAAQS nonattainment area under the new
classification in a separate action.
Within the geographic boundaries of the Greater Connecticut 2015
ozone NAAQS nonattainment area Indian country exists under the
jurisdiction of the Mashantucket Pequot Tribal Nation and Mohegan
Indian Tribe. Because the State of Connecticut does not have
jurisdiction over Indian country located within its borders,
Connecticut's request to reclassify the Greater Connecticut 2015 NAAQS
nonattainment area does not apply to this area of Indian country. The
EPA implements certain Federal CAA programs, including
reclassifications, in Indian country consistent with our discretionary
authority under sections 301(a) and 301(d)(4) of the CAA. The EPA has
not received a reclassification request from any tribe with
jurisdiction within the Greater Connecticut 2015 NAAQS nonattainment
area. In this action, we are adding regulatory text to 40 CFR part 81
to indicate that the area under the jurisdiction of the Mashantucket
Pequot Tribal Nation and Mohegan Indian Tribe will retain the Moderate
classification and the areas under the jurisdiction of the states will
be reclassified as Serious.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are ``impracticable, unnecessary or contrary to the
public interest.'' The EPA has determined that public notice and
comment for this action is unnecessary because our action to approve
voluntary reclassification requests under CAA section 181(b)(3) is
nondiscretionary both in its issuance and in its content. As such,
notice and comment rulemaking procedures would serve no useful purpose.
The EPA also finds that there is good cause under APA section
553(d)(3) for this reclassification to become effective on the date of
publication. Section 553(d)(3) of the APA allows an effective date of
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in APA section 553(d)(3) is to
give affected parties a reasonable time to adjust their behavior and
prepare before the final rule takes effect. This rule, however, does
not create any new regulatory requirements such that affected parties
would need time to prepare before the rule takes effect. The schedule
for required plan submittals for the Greater Connecticut 2015 NAAQS
nonattainment area under the new classification will be proposed in a
separate action. For this reason, the EPA finds good cause under APA
section 553(d)(3) for this reclassification to become effective on the
date of publication.
II. Statutory and Executive Order Reviews
Under the Clean Air Act this action:
[[Page 60829]]
<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, this request 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 industrial, governmental, and
commercial operations or programs and policies. Connecticut did not
evaluate environmental justice considerations as part of its 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 27, 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 81
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone.
Dated: July 22, 2024.
David Cash,
Regional Administrator, EPA Region 1.
For the reasons set out in the preamble, the Environmental
Protection Agency amends 40 CFR Chapter 1 as set forth below:
PART 81--DESIGNATION FOR AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. In Sec. 81.307 the table entitled ``Connecticut--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' is amended by revising the entry
``Greater Connecticut, CT'' and adding the entries ``Mashantucket
Pequot Tribal Nation'' and ``Mohegan Indian Tribe'' at the end of the
table to read as follows:
Sec. 81.307 Connecticut.
* * * * *
Connecticut--2015 8-Hour Ozone NAAQS
[Primary and secondary]
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Designation Classification
Designated area \1\ --------------------------------------------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Greater Connecticut................ ......................... Nonattainment................. July 29, 2024................. Serious.
Litchfield County.
Hartford County.
Tolland County.
Windham County.
New London County.
[[Page 60830]]
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Mashantucket Pequot Tribal Nation.. ......................... Nonattainment................. August 3, 2018................ Moderate.
Mohegan Indian Tribe............... ......................... Nonattainment................. August 3, 2018................ Moderate.
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
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[FR Doc. 2024-16415 Filed 7-26-24; 8:45 am]
BILLING CODE 6560-50-P
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