Rule2026-06384
Air Plan Approval; Connecticut; New Source Review Permit Program State Plan Revision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 2, 2026
Effective
May 4, 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 revision clarifies applicability for stationary sources in nonattainment areas through Connecticut's New Source Review (NSR) permit program. This action is being taken under the Clean Air Act.
Full Text
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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Rules and Regulations]
[Pages 16556-16558]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06384]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2026-0653; FRL-13092-02-R1]
Air Plan Approval; Connecticut; New Source Review Permit Program
State Plan Revision
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 revision clarifies applicability for stationary
sources in nonattainment areas through Connecticut's New Source Review
(NSR) permit program. This action is being taken under the Clean Air
Act.
DATES: This rule is effective on May 4, 2026.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2026-0653 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
website. 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: Andre Turner, U.S. Environmental
Protection Agency, Region 1 Office of Air and Radiation Division, 5
Post Office Square, Suite 100, Boston, MA 02109, Phone number: (617)
918-1216, Email: <a href="/cdn-cgi/l/email-protection#215554534f44530f404f455344614451400f464e57"><span class="__cf_email__" data-cfemail="f58180879b9087db949b918790b5908594db929a83">[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 November 28, 2025 (90 FR 54609), EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of Connecticut. The NPRM
proposed approval of revisions to Connecticut's New Source Review (NSR)
permit program, primarily to clarify applicability for stationary
sources in nonattainment areas.
The formal SIP revision was submitted by The Connecticut Department
of Energy and Environmental Protection (CT DEEP) on October 3, 2024.\1\
CT DEEP submitted a SIP revision containing changes to Regulations of
Connecticut State Agencies (RCSA) sections 22a-174-3a(a)(2)(C)(ii),
22a-174-3a(l)(1)(B) and 22a-174-3a(l)(1)(C). These revisions to RCSA
became effective, as a matter of state enforceability, on March 14,
2024.
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\1\ The Connecticut SIP cover letter lists a submittal date of
June 27, 2024, however EPA received this through the online
submittal system State Planning Electronic Collaboration System
(SPeCS) on October 3, 2024.
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The first revision made by CT DEEP is to RCSA section 22a-174-
3a(a)(2)(C)(ii), which references the federal definition of a ``non-
road engine.'' The citation to 40 CFR part 89 in this clause was
amended to 40 CFR 1068.30 in order reflect the correct citation after
EPA renumbering. The two other revisions relate to subsection (l) of
RCSA section 22a-174-3a, which addresses permit requirements for
nonattainment areas. Subparagraph (B) of subdivision (1) of subsection
(l) is amended to clarify how the subsection applies to modifications.
The revised text provides more detail on how changes to an existing
unit may be considered a major modification. The amended text also
includes references to the states' significant emission rate thresholds
at Table 3a(k)-1. In subparagraph (C) of the same subdivision, the text
is revised to add the phrase ``for such pollutant'' after
``nonattainment area'' for clarity.
The rationale for EPA's proposed action is explained in the NPRM
and will not be restated here. No public comments were received on the
NPRM.
[[Page 16557]]
II. Final Action
EPA is approving the changes to RCSA sections 22a-174-
3a(a)(2)(C)(ii), 22a-174-3a(l)(1)(B) and 22a-174-3a(l)(1)(C) as a
revision to the Connecticut SIP.
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 the RCSA
section 22a-174-3a described in the amendments to 40 CFR part 52 set
forth below. 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.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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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 Clean Air 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. 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).
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 June 1, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 23, 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 entry ``22a-174-
3a''.
Sec. 52.370 Identification of plan.
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(c) * * *
[[Page 16558]]
EPA-Approved Connecticut Regulations and Statutes
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EPA approval date
State citation Title/subject State effective date \1\ Explanations
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22a-174-3a............ Permit to construct March 14, 2024............ 4/2/2026 [91 FR This revision adds
and operate [Insert Federal 22a-174-3a(a)(2)(
stationary sources. Register page C)(ii), 22a-174-
where the document 3a(l)(1)(B), and
begins], 4/2/2026. 22a-174-3a(l)(1)(
C) to update and
correct citations
to EPA rules;
clarifications to
the applicability
of nonattainment
New Source Review
for new major
sources and major
modifications at
existing major
sources.
* * * * * * *
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\1\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.
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[FR Doc. 2026-06384 Filed 4-1-26; 8:45 am]
BILLING CODE 6560-50-P
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