Rule2026-03887
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
February 26, 2026
Effective
March 30, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 91 Issue 38 (Thursday, February 26, 2026)</title>
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[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Rules and Regulations]
[Pages 9455-9457]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03887]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2025-0196; FRL-12890-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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: This rule is effective on March 30, 2026.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2025-0196. 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 possible, you
contact the contact 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#432031262a2f302c2d6d292c2b2d032633226d242c35"><span class="__cf_email__" data-cfemail="5b38293e323728343575313433351b3e2b3a753c342d">[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. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On July 16, 2025, the Environmental Protection Agency (EPA)
published a Notice of Proposed Rulemaking (NPRM) for the State of
Connecticut proposing State Implementation Plan (SIP) revisions
submitted by the State. 90 FR 31924. The formal SIP action was
submitted by Connecticut on November 27, 2023, and consisted 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-174-22f
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 EPA previously
approved the new definition into the SIP on February 12, 2024. 89 FR
9771.
[[Page 9456]]
This action will ensure that Connecticut is applying reasonably
available control technology (RACT) requirements and other nitrogen
oxides (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 Clean Air Act (CAA). The evaluation
and rationale for EPA's proposed action are explained in the NPRM and
will not be restated here. One public comment was received on the NPRM.
II. Response to Comments
EPA received one comment during the comment period, which is
available in the docket of this rulemaking. The commenter supports
``bringing these sources under RACT requirements to . . . help the
region attain ozone standards'' but notes that Connecticut and the EPA
did ``not explicitly consider the potential impact on carbon dioxide
(CO2) emissions.'' According to the commenter, some NO<INF>X</INF>
control technologies may result in increased greenhouse gas (GHGs)
emissions, and the agency should ``ensure that the benefit of reduced
NO<INF>X</INF> emissions outweighs any harm caused by a potential
increase in CO<INF>2</INF> emissions.''
While the EPA appreciates the commenter's support for attaining
ozone standards in southwestern Connecticut, the comment does not
explain how the Clean Air Act or other applicable law require the
additional analysis called for in the comment. EPA reviews a state's
submittal for compliance with Clean Air Act requirements, and EPA is
required to approve a SIP revision that complies with those
requirements. CAA Sec. 110(k)(3); 40 CFR 52.02(a). As the comment
recognizes, the revisions approved in this action result from the
reclassification of the Connecticut portion of the NY-NJ-Connecticut
ozone nonattainment area to ``severe'' for the 2008 ozone NAAQS and the
need to conform the state's regulatory definition of ``severe
nonattainment area'' to the boundaries of the Connecticut portion of
the severe nonattainment area for that standard. The revisions do not
revisit what technology(ies) constitutes RACT for the 2008 standard.
Rather, the revisions recognize that the reclassification to severe
nonattainment lowered the threshold for sources of NO<INF>X</INF> to
which the existing regulations regarding NO<INF>X</INF> control must
apply. See 42 U.S.C. 7511a(d), (f)(1). As a result, the revisions
primarily add dates for such newly regulated sources to come into
compliance.
As the EPA explained in the NPRM, the revisions are applicability
related and will ensure that Connecticut is applying existing 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.
Accordingly, EPA is finalizing the action as proposed.
III. Final Action
The EPA is approving Connecticut's SIP revisions to RCSA sections
22a-174-22e and 22a-174-22f.
IV. 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 changes to
Connecticut RCSA sections 22a-174-22e and 22a-174-22f as adopted on
November 13, 2023, and described in the proposed amendments to 40 CFR
part 52. 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). Therefore,
these materials have been approved by EPA for inclusion in the State
Implementation Plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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 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 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 (Public Law 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. 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).
[[Page 9457]]
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 April 27, 2026. 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 18, 2026.
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. In Sec. 52.370(c), amend the table by revising the entries for
state citations ``22a-174-22e'' and ``22a-174-22f'' to read as follows:
Sec. 52.370 Identification of plan.
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(c) * * *
EPA-Approved Connecticut Regulations and Statutes
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State
State citation Title/subject effective EPA approval date \1\ Explanations
date
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22a-174-22e.................. Control of nitrogen 11/13/2023 2/26/2026, 91 FR Amended subsections
oxides emissions from [Insert Federal (a)-(j) and (l); and
fuel-burning Register page where added subsection
equipment at major the document begins]. (n).
stationary sources of
nitrogen oxides.
22a-174-22f.................. High daily NOX 11/13/2023 2/26/2026, 91 FR Amended subsection
emitting units at non- [Insert Federal (e) by adding
major sources of NOX. Register page where subdivision (5).
the document begins].
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[FR Doc. 2026-03887 Filed 2-25-26; 8:45 am]
BILLING CODE 6560-50-P
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