Rule2026-07889
Finding of Failure To Attain and Reclassification of Tribal Portions of the Greater Connecticut Ozone Nonattainment Area as Serious for the 2015 Ozone National Ambient Air Quality Standards
Primary source
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Published
April 23, 2026
Effective
May 26, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing its finding that the tribal portions of the Greater Connecticut area (the Mashantucket Pequot Tribal Nation and the Mohegan Indian Tribe) did not attain the 2015 ozone National Ambient Air Quality Standards (NAAQS) by the attainment date and a reclassification of those portions of the area to Serious nonattainment for the 2015 ozone NAAQS. Additionally, the EPA is taking final action on an exceptional events request submitted by CT DEEP on July 1, 2024, and the EPA's July 22, 2024 concurrence and nonconcurrence with CT DEEP's request. This final action fulfills the EPA's statutory obligation to determine whether the Mashantucket Pequot Tribal Nation and the Mohegan Indian Tribe's portions of the Greater Connecticut area attained the NAAQS by the attainment date. This action is being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Rules and Regulations]
[Pages 21729-21731]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07889]
[[Page 21729]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R01-OAR-2024-0325; FRL-13014-02-R1]
Finding of Failure To Attain and Reclassification of Tribal
Portions of the Greater Connecticut Ozone Nonattainment Area as Serious
for the 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing its
finding that the tribal portions of the Greater Connecticut area (the
Mashantucket Pequot Tribal Nation and the Mohegan Indian Tribe) did not
attain the 2015 ozone National Ambient Air Quality Standards (NAAQS) by
the attainment date and a reclassification of those portions of the
area to Serious nonattainment for the 2015 ozone NAAQS. Additionally,
the EPA is taking final action on an exceptional events request
submitted by CT DEEP on July 1, 2024, and the EPA's July 22, 2024
concurrence and nonconcurrence with CT DEEP's request. This final
action fulfills the EPA's statutory obligation to determine whether the
Mashantucket Pequot Tribal Nation and the Mohegan Indian Tribe's
portions of the Greater Connecticut area attained the NAAQS by the
attainment date. This action is being taken in accordance with the
Clean Air Act.
DATES: This rule is effective on May 26, 2026.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2024-0325. 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: Patrick Lillis, Air and Radiation
Division (Mail Code 5-MI), U.S. Environmental Protection Agency, Region
1 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912;
telephone number: (617)-918-1067, or email address:
<a href="/cdn-cgi/l/email-protection#8ce0e5e0e0e5ffa2fcedf8fee5efe7cce9fceda2ebe3fa"><span class="__cf_email__" data-cfemail="c8a4a1a4a4a1bbe6b8a9bcbaa1aba388adb8a9e6afa7be">[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. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On November 20, 2025 (90 FR 52297), EPA published a Notice of
Proposed Rulemaking (NPRM) that proposed to find that the tribal
portions of the Greater Connecticut area did not attain the standards
by the attainment date. Consequently, in that NPRM, we proposed to
reclassify the Mashantucket Pequot Tribal Nation and the Mohegan Indian
Tribe to Serious nonattainment for the 2015 ozone NAAQS. The statutory
authority for these determinations is provided by the CAA, as amended
(42 U.S.C. 7401 et seq.). The NPRM also solicited public comment on
EPA's prior action on CT DEEP's July 1, 2024 request to exclude event-
influenced air quality monitoring data from regulatory decisions.
Please see the NPRM for more information regarding EPA's July 22, 2024
concurrence and nonconcurrence with CT DEEP's request. Relevant
portions of the CAA include, but are not necessarily limited to,
sections 181 and 182. Other specific requirements and EPA's rationale
of this reclassification are explained in the NPRM and will not be
restated here.
II. Response to Comments
EPA received one comment during the comment period, which is
available in the docket of this rulemaking action. This commenter
claimed that the EPA did not adhere to the following statutory
requirements based on the four arguments below.
Comment 1: The reclassification to Serious for the 2015 ozone NAAQS
``lowers major NSR [New Source Review] applicability thresholds for
VOC/NO<INF>X</INF> . . . increases offset ratios . . . [and] tightens
applicability for federal minor NSR,'' thereby imposing ``significant
costs'' on small entities. EPA must comply with the Regulatory
Flexibility Act (RFA) either by providing a reasoned certification with
a factual basis showing no significant economic impact or by preparing
an initial regulatory flexibility analysis.
Response: The RFA is inapplicable to this rulemaking because the
EPA has certified that this rule will not have a significant economic
impact on a substantial number of small entities. The regulatory
analysis provisions of the RFA are only triggered by a threshold
determination by the Agency that this rule will have a significant
economic impact on a substantial number of small entities. Because the
Agency has certified this rule will not have a significant economic
impact, section 603 and 604 of the RFA do not apply to this rulemaking.
5 U.S.C. 605(b). As noted in the NPRM, ``[t]he determination of failure
to attain the 2015 ozone standards (and resulting reclassifications),
do not in and of themselves create any new requirements beyond what is
mandated by the CAA,'' 90 FR 52297 at 52302 (November 20, 2025), which
the comment does not contest. Furthermore, the premise of the comment--
that reclassification will impose costs on small entities--is flawed.
As the EPA stated in the NPRM, ``Areas such as the Mashantucket Pequot
Tribal Nation and the Mohegan Indian Tribe that were already classified
as Serious for a previous ozone NAAQS . . . are already subject to
these lower thresholds and higher offset ratios, so a reclassification
to Serious for the 2015 ozone NAAQS would have no effect on the NNSR
permitting requirements for the tribal lands in those areas.'' 90 FR at
52302 & n.17.
Comment 2: EPA's reliance on the Administrative Procedure Act's
(APA) ``good cause'' exceptions to bypass notice and comment and the
30-day effective date is improper for discretionary elements of this
action.
Response: The EPA disagrees with the commenter. This claim is based
on commenter's mistaken assertion that the EPA issued a final rule with
the November 20, 2025, action. The EPA published a notice of proposed
rulemaking on November 20, 2025. The EPA included a 30-day public
comment period that closed on December 22, 2025, which the commenter
availed itself of. In this action we are finalizing the November 20,
2025, proposed action. Based on these facts, the proposed rule was not
a final action for the commenter to petition the EPA for a stay or
delay of a yet-to-be-established effective date. Finally, the EPA is
not relying on APA 553(b) in this action.
Comment 3: The action has clear tribal implications in that ``it
changes permitting thresholds and offset ratios that affect economic
development, and it may trigger federal planning measures
[[Page 21730]]
in the absence of a Tribal Implementation Plan.'' EPA must document
meaningful consultation under Executive Order (E.O.) 13175 and
reconcile its statements with E.O. 12866 analysis.
Response: As noted in the proposal, the EPA complied with E.O.
13175 by engaging in meaningful and timely input with Tribal officials
regarding this reclassification to Serious nonattainment. Relevant
communications are in the docket for this action. As also noted in the
proposal, a Tribe that is part of an area that is reclassified from
Moderate to Serious nonattainment is not required to submit a Tribal
Implementation Plan (TIP) revision to address new Serious area
requirements. And, as explained in an earlier response above and in the
proposal, the NNSR major source threshold and offset requirements will
not change for stationary sources seeking preconstruction permits in
the tribal portions of this nonattainment area, because they are
already subject to these higher offset ratios and lower thresholds. Nor
does the reclassification impose substantial direct compliance costs on
Indian tribal governments or preempt tribal law. Accordingly, a tribal
summary impact statement under E.O. 13175 is not required. Lastly, the
Agency complied with E.O. 12866 by determining that this rulemaking is
not a significant regulatory action as defined in E.O. 12866.
Comment 4: The Unfunded Mandates Reform Act (UMRA) analysis is
incomplete as to private sector effects.
Response: The EPA has complied with the UMRA by making its own
determination that this rule will not result in expenditures of $100M+,
and therefore the Agency does not need to complete a statement under 2
U.S.C. 1532.
III. Final Action
For the reasons described in our November 20, 2025, notice of
proposed rulemaking,\1\ EPA is taking final action to reclassify the
Mashantucket Pequot Tribal Nation and the Mohegan Indian Tribe portions
of the Greater Connecticut nonattainment to Serious nonattainment for
the 2015 ozone NAAQS. Additionally, the EPA is taking final action on
an exceptional events request submitted by CT DEEP on July 1, 2024, and
the EPA's July 22, 2024 concurrence and nonconcurrence with CT DEEP's
request.
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\1\ 90 FR 52297.
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IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 14094: Modernizing Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Order 14094 (88 FR
21879, April 11, 2023).
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because determinations of attainment by the
attainment date under the CAA are exempt from review under Executive
Order 12866.
C. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA of 1995 (44 U.S.C. 3501 et seq.). This action
does not contain any information collection activities and serves only
to finalize determinations that the tribal portions of the Greater
Connecticut nonattainment area failed to attain the 2015 ozone
standards by the August 3, 2024, attainment date where such areas will
be reclassified as Serious nonattainment for the 2015 ozone standards.
D. Regulatory Flexibility Act (RFA)
This action is certified as not having a significant economic
impact on a substantial number of small entities under the RFA (5
U.S.C. 601 et seq.). This action will not impose any requirements on
small entities. The determination of failure to attain the 2015 ozone
standards (and resulting reclassifications), do not in and of
themselves create any new requirements beyond what is mandated by the
CAA.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. The
division of responsibility between the Federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by Tribal officials in the development of regulatory policies
that have Tribal implications.'' This action has Tribal implications.
However, it will neither impose substantial direct compliance costs on
federally recognized tribal governments, nor preempt tribal law. As
noted in the proposed rule, a Tribe that is part of an area that is
reclassified from Moderate to Serious nonattainment is not required to
submit a TIP revision to address new Serious area requirements.
However, the EPA is finalizing the determinations of failure to attain
in this action. Ordinarily, the NNSR major source threshold and offset
requirements will change for stationary sources seeking preconstruction
permits in any nonattainment areas newly classified as Serious,
including on tribal lands. Areas that are already classified as Serious
for a previous ozone NAAQS, however, are already subject to these
higher offset ratios and lower thresholds, so a reclassification to
Serious for the 2015 ozone NAAQS would have no effect on the NNSR
permitting requirements for the tribal lands in those areas.
The EPA has communicated with the affected Tribes located within
the boundaries of the nonattainment area addressed in this final rule.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
[[Page 21731]]
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
K. Congressional Review Act (CRA)
This rule is exempt from the CRA because it is a rule of particular
applicability. The rule makes factual determinations for identified
entities (Mashantucket Pequot Indian Nation and Mohegan Indian Tribe),
based on facts and circumstances specific to each entity. The
determinations of attainment and failure to attain the 2015 ozone NAAQS
do not in themselves create any new requirements beyond what is
mandated by the CAA.
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 22, 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 81
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: April 15, 2026.
Mark Sanborn,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 81 of Chapter I, title 40 of the CFR to
read as follows:
PART 81--DESIGNATION FOR AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.307 the table entitled ``Connecticut--2015 8-Hour Ozone
NAAQS'' is amended to read as follows:
Sec. 81.307 Connecticut.
* * * * *
Connecticut--2015 8-Hour Ozone NAAQS
[Primary and secondary]
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Designation Classification
Designated area \1\ ------------------------------------------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Greater Connecticut, CT.............. ........................... Nonattainment.................... 7/29/2024 Serious.
Hartford County..................
Litchfield County................
New London County................
Tolland County...................
Windham County...................
Mashantucket Pequot.............. ........................... ................................. 5/26/2026 Serious.
Tribal Nation.................... ........................... ................................. 5/26/2026
Mohegan Indian Tribe.............
New York-N New Jersey-Long Island, NY- ........................... Nonattainment....................
NJ-CT.
Fairfield County................. ........................... ................................. .............. Serious.
Middlesex County................. ........................... ................................. .............. Serious.
New Haven County.................
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2026-07889 Filed 4-22-26; 8:45 am]
BILLING CODE 6560-50-P
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