Proposed Rule2024-22115
Air Plan Approval; Connecticut; State Implementation Plan Revisions Required by the 2015 Ozone NAAQS
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Published
September 27, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Connecticut for the 2015 ozone National Ambient Air Quality Standard (NAAQS). These revisions (1) certify the adequacy of the SIP to satisfy the nonattainment new source review (NNSR) permitting requirements of the Clean Air Act (CAA) for the reclassification of the Greater Connecticut area to moderate nonattainment for the 2015 ozone NAAQS, and (2) certify the emission statement program satisfies the requirements of CAA section 182(a)(3)(B) for the initial nonattainment designations and the reclassification to moderate nonattainment for the 2015 ozone NAAQS. This action is being taken in accordance with the CAA.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Proposed Rules]
[Pages 79186-79189]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22115]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2024-0193; FRL-12285-01-R1]
Air Plan Approval; Connecticut; State Implementation Plan
Revisions Required by the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of Connecticut for the 2015 ozone National Ambient Air Quality
Standard (NAAQS). These revisions (1) certify the adequacy of the SIP
to satisfy the nonattainment new source review (NNSR) permitting
requirements of the Clean Air Act (CAA) for the reclassification of the
Greater Connecticut area to moderate nonattainment for the 2015 ozone
NAAQS, and (2) certify the emission statement program satisfies the
requirements of CAA section 182(a)(3)(B) for the initial nonattainment
designations and the reclassification to moderate nonattainment for the
2015 ozone NAAQS. This action is being taken in accordance with the
CAA.
DATES: Written comments must be received on or before October 28, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2024-0193 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#caa9b8afa3a6b9a5a4e4a0a5a2a48aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="8deeffe8e4e1fee2e3a3e7e2e5e3cde8fdeca3eae2fb">[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 possible, you contact the person
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: Bob McConnell, Air Quality Branch,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100 (Mail code 5-MI), Boston, MA 02109-
3912, telephone number (617) 918-1046, email: <a href="/cdn-cgi/l/email-protection#7c111f1f131212191010520e131e190e083c190c1d521b130a"><span class="__cf_email__" data-cfemail="28454b4b4746464d4444065a474a4d5a5c684d5849064f475e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
a. NNSR Certification
b. Emission Statement Certification
II. Summary and Evaluation of Connecticut's SIP Revisions
a. NNSR Certification
b. Emission Statement Certification
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
On May 22, 2023, the Connecticut Department of Energy and
Environmental Protection (CT DEEP) submitted three revisions to its
State Implementation Plan (SIP). We are proposing action on two of
these revisions in this notice as described below.
a. NNSR Certification
The first SIP revision certifies the adequacy of the SIP to satisfy
the NNSR permitting requirements of the CAA for the reclassification of
the Greater Connecticut area to moderate nonattainment for the 2015
ozone NAAQS.
Effective November 7, 2022, the EPA reclassified the Greater
Connecticut nonattainment area to moderate nonattainment for the 2015
ozone NAAQS (see 87 FR 60897). Although CT DEEP had previously
submitted and EPA had approved a NNSR certification for the 2015 ozone
NAAQS initial classification of marginal nonattainment for the Greater
Connecticut nonattainment area (see 87 FR 38284, July 28, 2022), EPA's
reclassification requires that the state recertify the adequacy of its
NNSR program under the moderate nonattainment area requirements. With
one exception, explained in more detail below, EPA retained the NNSR
requirements for its implementation of the 2015 ozone NAAQS.
The minimum SIP requirements for NNSR permitting programs for the
2015 ozone NAAQS are codified in 40 CFR 51.165. These NNSR program
requirements include those promulgated in the ``Phase 2 Rule''
implementing the 1997 8-hour ozone NAAQS (See 70 FR 71612, November 29,
2005) and the 2008 ozone implementation rule. Additionally, although
the 2015 ozone implementation rule included a provision to explicitly
allow for inter-pollutant trading for meeting the emissions offset
requirement for ozone, this provision was subsequently vacated by
Sierra Club v. Environmental Protection Agency, 21 F.4th 815 (D.C. Cir.
2021). Under the Phase 2 Rule, the SIP for each ozone nonattainment
area must contain NNSR provisions that: set major source thresholds for
nitrogen oxides (NO<INF>X</INF>) and volatile organic compounds (VOCs)
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i) through (iv) and
(a)(1)(iv)(A)(2); classify physical changes at a major source if the
change would constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase
of
[[Page 79187]]
NO<INF>X</INF> as a significant net emissions increase for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider increases of VOC
emissions in extreme ozone nonattainment areas as significant net
emissions increases and major modifications for ozone pursuant to 40
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOCs and
NO<INF>X</INF> as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A) through (C) and (E); contain provisions for
emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)
and (2); provide that the requirements applicable to VOCs also apply to
NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOCs and NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(9)(i) through
(iii) (renumbered as (a)(9)(ii) through (iv) under the 2008 ozone
implementation rule). Additionally, pursuant to the 2008 ozone
implementation rule, areas designated as nonattainment for that
standard that also remain nonattainment for the 1997 ozone standard
must satisfy the anti-backsliding requirements of 40 CFR 51.1105.
b. Emission Statement Certification
The second SIP revision certifies that Connecticut's emission
statement program satisfies the requirements of CAA section
182(a)(3)(B) for the initial nonattainment designations and the
reclassification to moderate nonattainment for the 2015 ozone NAAQS.
CAA Section 182(a)(3)(B) applies to stationary sources that emit
NO<INF>X</INF> or VOCs in an ozone nonattainment area. The owner of
each stationary source that emits NO<INF>X</INF> or VOCs must provide a
statement each year of its NO<INF>X</INF> and VOC emissions, and the
statement must be certified as to accuracy. For stationary sources in
categories for which the state provides an emissions inventory to the
EPA, the state may waive the emission statement requirement for sources
with actual emissions of NO<INF>X</INF> or VOCs below 25 tons per year.
The entire State of Connecticut was designated as nonattainment for
ozone for the 1-hour, 1979 ozone NAAQS and each subsequent ozone NAAQS,
including the 2015 ozone NAAQS. Beginning with its initial emission
statement program SIP filing on January 12, 1993 (approved on January
10, 1995; 60 FR 2524), Connecticut administered its emission statement
program under the record keeping and reporting requirements of section
22a-174-4 of the Regulations of Connecticut State Agencies (RCSA). RCSA
section 22a-174-4 was repealed effective October 28, 2022, and replaced
with RCSA section 22a-174-4a. RCSA section 22a-174-4a retains the
elements necessary to administer the emission statement program in RCSA
section 22a-174-4a(b)(1). On November 17, 2022, Connecticut submitted
RCSA section 22a-174-4a (Source monitoring, record keeping and
reporting) to EPA as a SIP revision to replace RCSA section 22a-174-4.
This revision was approved into the SIP by final rule published July 8,
2024 (89 FR 55888), and associated correction notice published July 23,
2024 (89 FR 59620).
II. Summary and Evaluation of Connecticut's SIP Revisions
a. NNSR Certification
Connecticut's longstanding SIP-approved NNSR program, established
in RCSA sections 22a-174-1 (definitions) and 22a-174-3a (applicability
and substantive requirements), applies to the construction and
modification of stationary sources, including major stationary sources
in nonattainment areas. In Connecticut's May 22, 2023, SIP revision,
the State certifies that the version of RCSA Sections 22a-174-1 and
22a-174-3a in the current SIP meet the federal NNSR requirements for
the Greater Connecticut ozone nonattainment area. EPA has, however,
revised the Connecticut SIP twice since Connecticut's May 2023
certification: on October 5, 2023 (see 88 FR 60591) and November 15,
2023 (see 89 FR 9771). The October 5, 2023, revisions address, among
other things, finalizing the incorporation by reference of the
provisions regulating NSR permitting, updating the CT DEEP's NSR
procedural requirements, and adding to substantive review criteria for
CT DEEP's minor NSR permitting process. The November 15, 2023, SIP
revision approved Connecticut's revised definition of ``severe non-
attainment area for ozone,'' contained in RCSA 22a-174-1 as amended by
the State of Connecticut on November 13, 2023, expanding the more
stringent severe nonattainment area to include all of Middlesex and New
Haven counties. These changes do not impact the certification criteria
in 40 CFR 51.165 as it relates to the NNSR program in the Greater
Connecticut nonattainment area and thus we find it appropriate to
propose approval of the certification despite the subsequent rulemaking
changes. In Connecticut's certification, the State provides a side-by-
side comparison demonstrating the State's rules are at least as
stringent as EPA's nonattainment new source review permitting program
requirements.
Connecticut's SIP-approved NNSR regulation contains the NNSR
requirements applicable to serious and severe nonattainment areas. The
term ``Serious nonattainment area for ozone'' is defined to include
``all towns within the State of Connecticut, except those towns located
in the severe non-attainment area for ozone.'' This is the portion of
the State that was historically part of the serious Greater Connecticut
nonattainment area designated for the one-hour ozone NAAQS, however it
no longer includes all of Middlesex and New Haven counties, as those
areas are now part of the severe nonattainment area. The SIP's
definition of ``Major stationary source'' then uses these terms to
define the NO<INF>X</INF> and VOC emission thresholds when determining
if a source is major for ozone. The SIP's major stationary source
threshold for NO<INF>X</INF> and VOCs in a ``Severe nonattainment area
for ozone'' is 25 tons per year. The SIP's major stationary source
threshold for NO<INF>X</INF> and VOCs in a ``Serious nonattainment area
for ozone'' is 50 tons per year. These thresholds for NO<INF>X</INF>
and VOCs are consistent with EPA regulations and with CAA major source
thresholds for ozone nonattainment areas.
Connecticut's NNSR SIP also properly addresses the thresholds for
NO<INF>X</INF> and VOCs, as precursors to ozone, within the definition
of ``Major modification'' for an existing major source by establishing
the threshold for either of these ozone precursors at 25 tons per year
in severe nonattainment areas and 50 tons per year in serious
nonattainment areas. These thresholds for a major modification are
consistent with EPA regulations. Lastly, since Connecticut's NNSR SIP
retains its previously approved major source thresholds, the State's
SIP meets the anti-backsliding requirements.
b. Emission Statement Certification
As described above, Connecticut currently implements its emissions
statement program under RCSA section 22a-174-4a. This regulation
contains the elements necessary to administer the emission statement
program in RCSA section 22a-174-4a(b)(1). On November 17, 2022,
Connecticut submitted RCSA section 22a-174-4a (Source monitoring,
record keeping and reporting) to EPA as a SIP revision to replace RCSA
section 22a-174-4. This revision was approved into the SIP by final
rule published July 8, 2024 (89 FR 55888), and associated correction
notice published July 23, 2024 (89 FR 59620).
Connecticut's emission statement program supports development of
the state's emissions inventory of ozone precursors, and requires,
consistent
[[Page 79188]]
with the Air Emissions Reporting Rule \1\ (AERR), submittal of annual
emissions statements from sources with actual emissions of VOC or
NO<INF>X</INF> greater than 25 tons per year. Such statements are also
required from the owners of all combustion turbines under the
authority, historically, of RCSA section 22a-174-4(d), and future
statements will be required under the authority of RCSA section 22a-
174-4a(b)(1). In addition, emission statements, certified as to
accuracy, of actual NO<INF>X</INF> and VOC emissions are required
annually from owners and operators of facilities operating under RCSA
section 22a-174-33a or section 22a-174-33b.
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\1\ The AERR is found at 40 CFR part 51, subpart A.
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In addition, other sources that may have actual emissions of
NO<INF>X</INF> or VOCs in amounts of at least 25 tons per year are
identified through information submitted under CT DEEP's minor NSR
permit program authorized by RCSA section 22a-174-3a. Minor NSR permits
are required for any source with potential emissions greater than 15
tons per year. Each permit requires monitoring, record keeping, and
reporting. Should the facility have potential emissions of
NO<INF>X</INF> or VOCs equal to or greater than 25 tons per year per
pollutant, the permit requires the facility owner to monitor
NO<INF>X</INF> or VOC emissions, as applicable, and calculate annual
emissions. If the actual annual emissions of NO<INF>X</INF> or VOCs are
equal to or greater than 25 tons per year, the facility owner must
submit an annual emission statement to the CT DEEP Commissioner.
At any other time that CT DEEP becomes aware of a source for which
the owner is not submitting an annual emission statement but that may
emit actual emissions greater than or equal to 25 tons per year of
NO<INF>X</INF> or VOCs, CT DEEP requires an annual emission statement
from the owner under the authority of RCSA section 22a-174-4a(b)(1).
III. Proposed Action
EPA is proposing approval of portions of Connecticut's May 23,
2023, SIP submittal. Specifically, we are proposing approval of the
portion of that submittal that addresses the NNSR requirements for the
2015 ozone NAAQS for the Greater Connecticut nonattainment area,
finding the applicable NNSR provisions of Connecticut's regulations
satisfy the requirements of 40 CFR 51.165 and CAA's anti-backsliding
requirements implemented at 40 CFR 51.1105. Additionally, we are also
proposing to approve Connecticut's May 23, 2023, SIP revision request
addressing certification that Connecticut's emission statement program
satisfies the requirements of CAA section 182(a)(3)(B) for the initial
nonattainment designations and the reclassification to moderate
nonattainment for the 2015 ozone NAAQS.
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 the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.
IV. 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 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).
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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines 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 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 or 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 communities with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
[[Page 79189]]
Dated: September 23, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-22115 Filed 9-26-24; 8:45 am]
BILLING CODE 6560-50-P
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