Rule2025-13886
Air Plan Approval; Connecticut; Plan for Inclusion of a Consent Order and Removal of State Orders
Primary source
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Published
July 24, 2025
Effective
August 25, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Connecticut Department of Energy and Environmental Protection (CT DEEP) to (1) remove State Order 7002B issued to Dow Chemical USA (Dow) in Gales Ferry on May 25, 1982, from the Connecticut SIP, (2) remove State Order 8027 issued to Pratt & Whitney Division of United Technologies Corporation (Pratt & Whitney) in North Haven on March 22, 1989, from the Connecticut SIP, and (3) add Consent Order 8381 issued to Thames Shipyard and Repair Company (Thames Shipyard) in New London, CT on December 3, 2021, to the Connecticut SIP. State Orders 8027 and 7002B addressed reasonably available control technology (RACT) for volatile organic compound (VOC) emissions and sulfur fuel content limits for Pratt & Whitney and Dow, respectively. EPA is approving the Thames Shipyard Order into Connecticut's SIP to ensure RACT requirements with respect to VOC emissions from shipbuilding and repair operations continue to be implemented at Thames Shipyard. This action is being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 90 Issue 140 (Thursday, July 24, 2025)</title>
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[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Rules and Regulations]
[Pages 34768-34770]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13886]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0235; FRL-12018-02-R1]
Air Plan Approval; Connecticut; Plan for Inclusion of a Consent
Order and Removal of State Orders
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Connecticut
Department of Energy and Environmental Protection (CT DEEP) to (1)
remove State Order 7002B issued to Dow Chemical USA (Dow) in Gales
Ferry on May 25, 1982, from the Connecticut SIP, (2) remove State Order
8027 issued to Pratt & Whitney Division of United Technologies
Corporation (Pratt & Whitney) in North Haven on March 22, 1989, from
the Connecticut SIP, and (3) add Consent Order 8381 issued to Thames
Shipyard and Repair Company (Thames Shipyard) in New London, CT on
December 3, 2021, to the Connecticut SIP. State Orders 8027 and 7002B
addressed reasonably available control technology (RACT) for volatile
organic compound (VOC) emissions and sulfur fuel content limits for
Pratt & Whitney and Dow, respectively. EPA is approving the Thames
Shipyard Order into Connecticut's SIP to ensure RACT requirements with
respect to VOC emissions from shipbuilding and repair operations
continue to be implemented at Thames Shipyard. This action is being
taken in accordance with the Clean Air Act.
DATES: This rule is effective on August 25, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2023-0235. 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.
FOR FURTHER INFORMATION CONTACT: Michele Kosin, Physical Scientist, Air
Quality Branch, Air & Radiation Division (Mail Code 5-MI), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109-3912; (617) 918-1175;
<a href="/cdn-cgi/l/email-protection#c1aaaeb2a8afefaca8a2a9a4ada481a4b1a0efa6aeb7"><span class="__cf_email__" data-cfemail="97fcf8e4fef9b9fafef4fff2fbf2d7f2e7f6b9f0f8e1">[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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On June 7, 2024 (89 FR 48532), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of Connecticut. The NPRM proposed
approval to revise the Connecticut SIP by removing State Orders 7002B
and 8027 and adding Consent Order 8381 to the Connecticut SIP. State
Order 7002B is no longer necessary because most of the regulated
equipment has been removed from the property and the remaining
equipment is subject to more stringent regulatory requirements than
those established in the Order. State Order 8027 is no longer necessary
to implement RACT because the equipment subject to the Order has been
removed from the property. Consent Order 8381 requires source-specific
VOC RACT to addresses VOC emissions from miscellaneous metal and
plastic parts coating operations. The SIP revision was submitted by
Connecticut on May 31, 2022, and supplemented on February 14, 2024.
Other specific requirements of CT's RACT orders and the rationale
for EPA's proposed action are explained in the NPRM and will not be
restated here. No public comments were received on the NPRM.
II. Final Action
EPA is approving the revisions to the Connecticut SIP to include
Consent Order 8381, and remove State Orders 7002B and 8027.
III. 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 Consent
Order 8381 and removing the incorporation by reference of State Orders
7002B and 8027, as discussed in section I. of this preamble and set
forth below in the amendments to 40 CFR part 52. 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).
[[Page 34769]]
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. 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);
<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).
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. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
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 22, 2025. 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: July 15, 2025.
Mark Sanborn,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52 of chapter I, title 40 of the Code of
Federal Regulations to read as follows:
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. Section 52.370 is amended by:
0
a. Revising paragraph (c)(26); and
0
b. Adding paragraphs (c)(51)(i)(E) and (c)(138).
The revision and additions read as follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(26) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 20,
1982.
(i) Incorporation by reference. (A) State Order No. 7002B signed on
May 27, 1982, for Dow Chemical U.S.A. in Gale's Ferry. This provision
supersedes a portion of the revisions identified under paragraph
(c)(18) of this section.
(B) State Order No. 7002B, which was approved in paragraph
(c)(26)(i)(A) of this section, is removed without replacement.
(ii) Additional materials. (A) Letter from Connecticut dated
December 20, 1982, submitting a revision to the Connecticut State
Implementation Plan.
(B) [Reserved]
* * * * *
(51) * * *
(i) * * *
(E) State Order No. 8027 and attached Compliance Timetable for
Pratt & Whitney Division of United Technologies Corporation in North
Haven, Connecticut, which was approved in paragraph (c)(51)(i)(C) of
this section, is removed without replacement.
* * * * *
(138) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on July
19, 2022.
(i) Incorporation by reference. (A) State of Connecticut vs. Thames
Shipyard & Repair Company, Consent Order No. 8381, issued as a final
order on December 3, 2021.
(B) [Reserved]
(ii) [Reserved]
0
3. Section 52.385 is amended in Table 52.385 by:
0
a. Adding a tenth entry for ``22a-174-22'' before the entry ``22a-174-
22a''; and
0
b. Adding a tenth entry for ``22a-174-32'' before the entry ``22a-174-
33a''.
The additions read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
[[Page 34770]]
Table 52.385--EPA-Approved Regulations
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Dates
-------------------------------- Section Comments/
Connecticut state citation Title/subject Date adopted Date approved Federal Register citation 52.370 description
by State by EPA
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* * * * * * *
22a-174-22.................... Control of 5/3/2022 6/28/2022 87 FR 38284....................... (c)(128)...... VOC RACT for
Nitrogen Oxides Middletown Power
emissions. LLC, Montville
Power LLC,
Connecticut Jet
Power LLC, and
Devon Power LLC,
Order No. 8377,
Modification 1.
* * * * * * *
22a-174-32.................... Reasonably 12/3/2021 7/24/2025 [90 FR [Insert Federal Register (c)(138)...... VOC RACT for
available page where the document begins], Thames Shipyard,
control 7/24/2025. Order No. 8381.
technology for
volatile organic
compounds.
* * * * * * *
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[FR Doc. 2025-13886 Filed 7-23-25; 8:45 am]
BILLING CODE 6560-50-P
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