Rule2025-20372
Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants; State of Connecticut Department of Energy and Environmental Protection; Approval of the Clean Air Act Section 502, State Operating Permit Programs, State of Connecticut Department of Energy and Environmental Protection
Primary source
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Published
November 20, 2025
Effective
December 22, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving regulatory amendments that revise two previous program approvals from the Connecticut Department of Energy and Environmental Protection (CT DEEP). The revisions include amendments to the Regulations of Connecticut State Agencies (RCSA) that revise the Connecticut State Operating Permit Program and amendments to RCSA that revise limitations on potential to emit Clean Air Act (CAA) pollutants. A significant aspect of this action involves revising the definition of "hazardous air pollutant" in the RCSA in response to EPA adding 1-bromopropane to the list of hazardous air pollutants (HAPs). This action is being taken under the Clean Air Act.
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Rules and Regulations]
[Pages 52250-52252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20372]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R01-OAR-2025-0655; FRL-12924-02-R1]
Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants; State of Connecticut Department of Energy and
Environmental Protection; Approval of the Clean Air Act Section 502,
State Operating Permit Programs, State of Connecticut Department of
Energy and Environmental Protection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
regulatory amendments that revise two previous program approvals from
the Connecticut Department of Energy and Environmental Protection (CT
DEEP). The revisions include amendments to the Regulations of
Connecticut State Agencies (RCSA) that revise the Connecticut State
Operating Permit Program and amendments to RCSA that revise limitations
on potential to emit Clean Air Act (CAA) pollutants. A significant
aspect of this action involves revising the definition of ``hazardous
air pollutant'' in the RCSA in response to EPA adding 1-bromopropane to
the list of hazardous air pollutants (HAPs). This action is being taken
under the Clean Air Act.
DATES: This rule is effective on December 22, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2025-0655. 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: Liam Numrich, Air Permits, Toxics, and
Indoor Programs 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 617-918-1307,
<a href="/cdn-cgi/l/email-protection#a9c7dcc4dbc0cac187c5c0c8c4e9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="e38d968e918a808bcd8f8a828ea3869382cd848c95">[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. Statutory and Executive Order Reviews
I. Background and Purpose
On August 28, 2025, the EPA published a Notice of Proposed
Rulemaking (NPRM) that proposed approval of revisions to Connecticut's
State Operating Permit Program and to its Approved Limitations on
Potential to Emit CAA section 112 pollutants.
The Administrator may, under the authority of section 112(l) and 40
CFR 63.91, approve a State program designed to establish limits on the
potential to emit HAPs listed pursuant to section 112 of the CAA. Any
request for approval under this subpart shall meet all section 112(l)
approval criteria specified by the otherwise applicable Federal section
112 rule, emission standard, or requirement. Approval of
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the rule delegates to the State the authority to implement and enforce
the approved rule in lieu of the otherwise applicable Federal section
112 rule. CT DEEP's 112(l) program was approved on April 11, 2022 (87
FR 13936).
The Connecticut State Operating Permit Program's initial approval
became effective on May 31, 2002. (67 FR 31966.) On June 14, 2024, CT
DEEP submitted revisions to its State Operating Permit Program and to
its Approved Limitations on Potential to Emit CAA section 112
pollutants to EPA. These amendments revise two previous program
approvals for EPA's approval. They consist of (1) amendments to
sections 22a-174-1 (Definitions) and 22a-174-33 (Title V sources) of
the RCSA that revise the Connecticut State Operating Permit Program;
and (2) amendments to RCSA sections 22a-174-1, 22a-174-33a (Limit on
Premises-Wide Actual Emissions Below 50% of Title V Source Thresholds),
and 22a-174-33b (Limit on Premises-Wide Actual Emissions Below 80% of
Title V Source Thresholds) that revise limitations on potential to emit
CAA section 112 pollutants for the state's CAA section 112(l) state
program to limit the potential to emit HAPs pollutants below Title V
source thresholds.
In accordance with Title V program revisions required at 40 CFR
70.4(i)(2) and CAA 112(l) state program revision requirements at 40 CFR
63.91, the primary change in CT DEEP's June 14, 2024, submittal is a
new definition of ``hazardous air pollutant'' in RCSA section 22a-174-
1. The current definition of ``hazardous air pollutant'' is deleted and
replaced with the following: `Hazardous air pollutant,' `Federal
hazardous air pollutant' or `HAP,' except as otherwise provided in
section 22a-174-29 of the Regulations of Connecticut State Agencies,
means any air pollutant listed in section 112(b)(1) of the Act,
inclusive of deletions and additions set out in 40 CFR part 63, subpart
C, as may be amended from time to time.''
This new definition is consistent with EPA's most recent change to
the federal definition of HAP to include 1-bromopropane in the list of
HAPs established under the CAA Section 112. The new definition also
incorporates future changes to the federal definition resulting from
EPA's listing or delisting of a chemical compound.
CT DEEP submitted companion changes to RCSA section 22a-174-33a and
RCSA section 22a-174-33b to effectuate the change in the definition of
``hazardous air pollutant'' at RCSA section 22a-174-1 into those two
regulations as they regulate HAP emissions as a CAA section 112(l)
state program.
In addition to this change, there are a number of revisions to CT
DEEP's Title V operating permit program at RCSA section 22a-174-33 to
correct citations to another Connecticut air quality regulation. The
corrections will better ensure that Title V applications,
notifications, reports, and records are properly certified by a
responsible official, and are as follows:
<bullet> RCSA section 22a-174-33(g)(1)(G). The internal citation to
section 22a-174-2a(a)(5) is corrected to 22a-174-2a(a)(4).
<bullet> RCSA section 22a-174-33(h)(2). The internal citation to
section 22a-174-2a(a)(5) is corrected to 22a-174-2a(a)(4).
<bullet> RCSA section 22a-174-33(o)(4). The internal citation to
section 22a-174-2a(a)(5) is corrected to 22a-174-2a(a)(4).
<bullet> RCSA section 22a-174-33(p)(3). The internal citation to
section 22a-174-2a(a)(5) is corrected to 22a-174-2a(a)(4).
<bullet> RCSA section 22a-174-33(q)(1). The internal citation to
section 22a-174-2a(a)(5) is corrected to 22a-174-2a(a)(4).
<bullet> RCSA section 22a-174-33(q)(2). The internal citation to
section 22a-174-2a(a)(5) is corrected to 22a-174-2a(a)(4).
EPA's analysis of Connecticut's 112(l) state program revisions
finds the revisions necessary for maintaining consistency between state
regulations and federal regulations.
II. Response to Comments
We received four comments expressing support of EPA approving this
action. The comments do not suggest that EPA approval of this action
would be erroneous or otherwise inconsistent with the CAA, applicable
regulations, or other authorities. None of the comments propose changes
to the draft rule. Therefore, these comments do not necessitate
specific responses.
III. Final Action
EPA is approving Connecticut's revisions to its Title V Operating
Permit program and CAA section 112(l) state program revision. In
addition to changes to Connecticut's definitions, a number of revisions
to CT DEEP's Title V operating permit at RSCA 22a-174-33 to correct
citations to another Connecticut air quality regulation are being made.
Specifically, EPA is approving section 1 and 33 as Title V program
revisions and sections 1, 33a and 33b as CAA section 112(l) state
program revision. In summary, the following changes are being approved
under Sections 112(l) and 502 of the Clean Air Act:
<bullet> RCSA section 22a-174-1(51). The new definition of
``hazardous air pollutant'' is added, as this definition will now apply
to RCSA sections 22a-174-33a and -33b.
<bullet> RCSA section 22a-174-33a(a)(4). The currently approved
definition of ``hazardous air pollutant'' is deleted with the result
that the newly revised definition in RCSA section 22a-174-1 will apply.
<bullet> RCSA section 22a-174-33b(a)(10). The currently approved
definition of ``hazardous air pollutant'' is deleted with the result
that the newly revised definition in RCSA section 22a-174-1 will apply.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve
CAA Section 112(l) and Title V submissions that comply with the
provisions of the Clean Air Act and applicable Federal regulations.
Thus, in reviewing 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> 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
[[Page 52252]]
<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 submission 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 70
Acid rain, Administrative practice and procedure, Air pollution
control, Environmental protection, Hazardous substances,
Intergovernmental relations, Licensing and registration, Reporting and
recordkeeping requirements.
Dated: November 10, 2025.
Mark Sanborn,
Regional Administrator, EPA Region 1.
Part 70 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 70--STATE OPERATING PERMIT PROGRAMS
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. Appendix A to part 70 is amended under ``Connecticut'' by adding
paragraph (c) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Connecticut
* * * * *
(c) Connecticut Department of Energy and Environmental
Protection submitted revisions on June 14, 2024, to Regulations of
Connecticut State Agencies Section 22a-174-1, ``Definitions,''
definition of ``hazardous air pollutant'' and to RCSA 22a-174-33
which implement this revised definition. The rule amendments
contained in this submittal are necessary to ensure that the
definition of ``hazardous air pollutant'' in RCSA is consistent with
the federal definition of ``hazardous air pollutant''. The State is
hereby granted approval effective on December 22, 2025.
* * * * *
[FR Doc. 2025-20372 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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