Proposed Rule2025-13324
Air Plan Approval; Connecticut; State Implementation Plan Revisions Required as a Result of a Definition Change Due to the Ozone Reclassification
Primary source
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Published
July 16, 2025
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. This action consists of revisions to Regulations of Connecticut State Agencies (RCSA) sections 22a-174-22e and 22a-174- 22f, primarily to add compliance dates for sources brought into the applicability of these sections due to a change in the definition of "severe non-attainment area for ozone," The definition change had previously been approved into Connecticut's SIP. This action is being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 90 Issue 134 (Wednesday, July 16, 2025)</title>
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[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Proposed Rules]
[Pages 31924-31926]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13324]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2025-0196; FRL-12890-01-R1]
Air Plan Approval; Connecticut; State Implementation Plan
Revisions Required as a Result of a Definition Change Due to the Ozone
Reclassification
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. This action consists of revisions to Regulations
of Connecticut State Agencies (RCSA) sections 22a-174-22e and 22a-174-
22f, primarily to add compliance dates for sources brought into the
applicability of these sections due to a change in the definition of
``severe non-attainment area for ozone,'' The definition change had
previously been approved into Connecticut's SIP. This action is being
taken in accordance with the Clean Air Act.
DATES: Written comments must be received on or before August 15, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2025-0196 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#197a6b7c70756a76773773767177597c6978377e766f"><span class="__cf_email__" data-cfemail="1b78697e727768747535717473755b7e6b7a357c746d">[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
[[Page 31925]]
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.
FOR FURTHER INFORMATION CONTACT: John Creilson, 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) 918-1688, email <a href="/cdn-cgi/l/email-protection#99faebfcf0f5eaf6f7b7f3f6f1f7d9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="7c1f0e1915100f131252161314123c190c1d521b130a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Summary and Evaluation of Connecticut's SIP Revision
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On November 27, 2023, the Connecticut Department of Energy and
Environmental Protection (CT DEEP) submitted a revision to its State
Implementation Plan (SIP). This action consists of revisions to
Regulations of Connecticut State Agencies (RCSA) sections 22a-174-22e
and 22a-174-22f, primarily to add compliance dates for sources brought
into the applicability of these sections due to a change in the
definition of ``severe non-attainment area for ozone'' in another
section of Connecticut's regulations--specifically, RCSA Sec. 22a-174-
1. The revisions to RCSA Sec. Sec. 22a-174-22e and 22a-17422f became
effective on November 13, 2023. Connecticut's change to the definition
of ``severe non-attainment area for ozone'' in RCSA Sec. 22a-174-1
became effective the same day, and the Environmental Protection Agency
(EPA) previously approved the new definition into the SIP on February
12, 2024 (89 FR 9771).
On March 20, 2023, CT DEEP proposed changes to the definition of
``severe non-attainment area for ozone'' within RCSA Sec. 22a-174-1.
The proposed change to the definition expanded the list of cities and
towns in the definition, to include all cities and towns in New Haven
County and Middlesex County. CT DEEP also retained the two towns in
Litchfield County to ensure classification consistency in these
communities and to comply with section 193 of the Clean Air Act (CAA),
which prohibits any control measure in effect in a nonattainment area
prior to the enactment of the CAA Amendments of 1990 to be modified
after enactment, unless such modification yields equivalent or greater
emission reductions. As a result of this definition change and as
described in 89 FR 9771, the number of towns included in the ``severe
non-attainment area for ozone'' increased, making RCSA Sec. Sec. 22a-
174-22e and 22a-174-22f applicable to more sources.
The entire state of Connecticut is divided into two nonattainment
areas for ozone. One area consists of the southwest portion of the
state (the Connecticut portion of the New York-New Jersey-Connecticut
area), and the remainder of the state (Greater Connecticut) makes up
the other nonattainment area. The area in the southwest portion of the
state generally experiences higher ozone levels, and on October 7,
2022, the EPA published a final rule to reclassify, among other areas,
the southwest Connecticut ozone nonattainment area to severe
nonattainment from serious nonattainment based on the area's inability
to attain the 2008 ozone National Ambient Air Quality Standard (NAAQS)
by the attainment date (87 FR 60926).
Connecticut regulations define nonattainment areas in a geographic
manner. The original definition of ``severe non-attainment area for
ozone'' in RCSA Sec. 22a-174-1, was based on the nonattainment area
designation under the 1-hour ozone NAAQS of 1979. The area included all
towns and cities in Fairfield County, except the town of Shelton, and
two towns in Litchfield County (Bridgewater and New Milford).
Currently, the southwest Connecticut ozone nonattainment area for the
2008 ozone NAAQS is larger than the older area for the 1979 ozone
NAAQS, and it includes all of Fairfield County, New Haven County, and
Middlesex County.
II. Summary and Evaluation of Connecticut's SIP Revision
Sections 22a-174-22e and 22a-174-22f of the RCSA impose
requirements on sources based in part on the classification of the
nonattainment area in which the source is located, and the quantity of
emissions released. Sources emitting over certain threshold amounts of
nitrogen oxides (NO<INF>X</INF>) are subject to the control
requirements of RCSA section 22a-174-22e. As a result of the revision
to the definition of ``severe non-attainment area for ozone,'' RCSA
Sec. Sec. 22a-174-22e and 22a-174-22f became newly applicable to
certain sources in Towns that were added to the definition. As
Connecticut's regulatory revisions bring new sources under RCSA section
22a-174-22e, new provisions were necessary to specify the timing of
compliance and of certain submissions the new sources must provide to
CT DEEP. The main changes for section 22a-174-22e are (1) the addition
of a definition for ``Bumped-up RACT unit'' in subsection (a), and (2)
the addition of subsection (n), ``Compliance by bumped-up RACT units.''
Connecticut defines a ``Bumped-up RACT unit'' as ``an emission unit
located at a facility with a potential to emit NO<INF>X</INF> of not
less than twenty-five (25) tons per year whereby such facility becomes
a major stationary source of NO<INF>X</INF> on or after November 7,
2022 solely as a result of the amendment of the definition of `severe
non-attainment area for ozone' in RCSA section 22a-174-1 effective on
November 13, 2023.'' The revisions to Sec. 22a-174-22e require such a
bumped-up reasonably available control technology (RACT) unit to comply
with emissions limitations already applicable to other sources covered
by Sec. 22a-174-22e, providing a timeframe for that compliance,
pursuant to certain conditions. Connecticut also made minor corrections
or updates to several provisions in RCSA Sec. 22a-174-22e based on the
two changes described above. Finally, Connecticut added timing
provisions to RCSA Sec. 22a-174-22f coordinated with those of Sec.
22a-174-22e.
This action will ensure that Connecticut is applying RACT
requirements and other NO<INF>X</INF> control requirements to the
appropriate sources in the state, thereby meeting nonattainment
requirements for ozone as set out in Section 182(d) of the CAA. The EPA
has reviewed Connecticut's November 27, 2023, submittal of revisions to
RCSA Sec. Sec. 22a-174-22e and 22a-174-22f and preliminarily
determined that they represent approvable revisions to the versions
previously approved into the Connecticut SIP. These revisions will
appropriately apply requirements to sources in line with Connecticut's
change to the definition of ``severe non-attainment area for ozone''
that the EPA
[[Page 31926]]
previously approved into the SIP. (89 FR 9771).
III. Proposed Action
The EPA is proposing to approve Connecticut's November 27, 2023,
SIP submittal that addresses revisions to RCSA sections 22a-174-22e and
22a-174-22f. The 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 changes to Connecticut RCSA sections 22a-174-22e and 22a-174-
22f as adopted on November 13, 2023. The changes primarily add
compliance dates for sources brought into the applicability of these
sections due to a change in the definition of ``severe non-attainment
area for ozone.'' 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 Clean Air 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: July 10, 2025.
Mark Sanborn,
Regional Administrator, EPA Region 1.
[FR Doc. 2025-13324 Filed 7-15-25; 8:45 am]
BILLING CODE 6560-50-P
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