Rule2026-15986
Air Plan Approval; Connecticut; Plan for Inclusion of a Consent Order No. 8383-Algonquin Gas Transmission, LLC and Negative Declaration for Rubber Tire Manufacturing Sources
Primary source
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Published
August 6, 2026
Effective
September 8, 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 to address certain Federal requirements for the 2008 and 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) under the Clean Air Act (CAA). This revision approves a source-specific SIP revision for Algonquin Gas Transmission, LLC's Cromwell compressor station facility in Cromwell, CT, to address reasonably available control technology (RACT) determinations for major stationary sources of volatile organic compounds (VOC). The CAA requires states to submit SIP revisions addressing RACT requirements for ozone nonattainment areas classified as Moderate or higher and for any portion of the state located in an ozone transport region (OTR). RACT determinations are required for this source because it is located in the New York-Northern New Jersey-Long Island, NY-NJ-CT 2008 ozone Severe nonattainment area and 2015 ozone Serious nonattainment area and because Connecticut is in the OTR. The EPA is also approving a negative declaration for existing rubber tire manufacturing sources statewide. This action is being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 91 Issue 150 (Thursday, August 6, 2026)</title>
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[Federal Register Volume 91, Number 150 (Thursday, August 6, 2026)]
[Rules and Regulations]
[Pages 50719-50721]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-15986]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2025-0656; FRL-13272-02-R1]
Air Plan Approval; Connecticut; Plan for Inclusion of a Consent
Order No. 8383-Algonquin Gas Transmission, LLC and Negative Declaration
for Rubber Tire Manufacturing Sources
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 to address certain Federal requirements for the 2008 and
2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) under
the Clean Air Act (CAA). This revision approves a source-specific SIP
revision for Algonquin Gas Transmission, LLC's Cromwell compressor
station facility in Cromwell, CT, to address reasonably available
control technology (RACT) determinations for major stationary sources
of volatile organic compounds (VOC). The CAA requires states to submit
SIP revisions addressing RACT requirements for ozone nonattainment
areas classified as Moderate or higher and for any portion of the state
located in an ozone transport region (OTR). RACT determinations are
required for this source because it is located in the New York-Northern
New Jersey-Long Island, NY-NJ-CT 2008 ozone Severe nonattainment area
and 2015 ozone Serious nonattainment area and because Connecticut is in
the OTR. The EPA is also approving a negative declaration for existing
rubber tire manufacturing sources statewide. This action is being taken
in accordance with the Clean Air Act.
DATES: This rule is effective on September 8, 2026.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2025-0656. 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 U.S. Environmental Protection
Agency, EPA Region 1, 5 Post Office Square, Suite 100, (Mail code 5-
MI), Boston, MA 02109--3912, telephone. (617) 918-1175, email address:
<a href="/cdn-cgi/l/email-protection#6803071b01064605010b000d040d280d1809460f071e"><span class="__cf_email__" data-cfemail="254e4a564c4b0b484c464d404940654055440b424a53">[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 March 13, 2026, the Environmental Protection Agency (EPA)
published a Notice of Proposed Rulemaking (NPRM) for the State of
Connecticut.\1\ In the NPRM, EPA proposed to approve Connecticut's
submittal adding Consent Order 8383 to the Connecticut SIP and to
approve its declaration that no rubber tire manufacturing sources exist
in the state (also referred to as a ``negative declaration''). Consent
Order No. 8383 establishes emission standards that the State of
Connecticut Department of Energy and Environmental Protection (CT DEEP)
determined satisfy RACT for VOCs pursuant to Section 22a-174-
32(e)(1)(D) of the Regulations of Connecticut State Agencies (RCSA) for
the Algonquin Gas Transmission, LLC's Cromwell compressor station
facility located at 252 Shunpike Road, Cromwell, Middlesex County, CT.
The formal SIP revision was submitted to the EPA by CT DEEP on December
10, 2024.
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\1\ 91 FR 12333, Mar. 13, 2026.
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The specifics of Consent Order No. 8383 and the rationale for the
EPA's proposed action are explained in the NPRM and will not be
restated here. The EPA received three comments during the public
comment period. Two fully support EPA approval of Connecticut's SIP
submittal. The EPA appreciates and agrees with the supportive
commenters. The third comment states only that the anonymous commenter
is ``confused'' but does not elaborate and does not expressly oppose
EPA approval. None of the comments warrant any further response.
II. Final Action
The EPA is approving the revisions to the Connecticut SIP to
include Consent Order 8383 and is approving the negative declaration
for existing rubber tire manufacturing sources statewide.
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
[[Page 50720]]
incorporation by reference of revisions to the Connecticut SIP to
include Consent Order No. 8383, dated December 9, 2024, issued to
Algonquin Gas Transmission, LLC for the Cromwell compressor station 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). 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 CAA sections 110 and 113 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, the 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 an Executive Order 14192 (90 FR 9065,
February 6, 2025) regulatory action because this action is not
significant 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).
This rule is exempt from the Congressional Review Act because it is
a rule of particular applicability.
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 October 5, 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: July 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
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2. In Sec. 52.370:
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a. In paragraph (d), amend the table by adding the entry for
``Algonquin Gas Transmission, LLC'' to the end of the table; and
0
b. In paragraph (e), amend the table by adding:
0
i. The entry for ``Negative declaration for the 2016 Control Techniques
Guidelines for the Oil and Natural Gas Industry'' between existing
entries for ``Letter from CT DEEP dated October 26, 2020, submitting a
revision to the SIP'' and ``Letters from CT DEEP dated December 15,
2020 and February 14, 2023, submitting a revision to the SIP''; and
0
ii. The entry for ``Negative Declaration for the Control Techniques
Guidelines for Control of Volatile Organic Emissions from Manufacture
of Pneumatic Rubber Tires'' to the end of the table.
The additions read as follows:
Sec. 52.370 Identification of plan.
* * * * *
(d) * * *
[[Page 50721]]
EPA-Approved Connecticut Source-Specific Requirements
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State effective
Name of source Permit number date EPA approval date Explanations
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* * * * * * *
Algonquin Gas Transmission, LLC Consent Order December 9, 2024. 8/6/26, [91 FR VOC RACT For Algonquin
8383. [INSERT FEDERAL Gas Transmission,
REGISTER PAGE LLC, Order 8383
WHERE THE (Cromwell compressor
DOCUMENT station).
BEGINS]].
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(e) * * *
Connecticut Non Regulatory
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Applicable
Name of non regulatory SIP geographic or State submittal
provision nonattainment date/ effective EPA approved date Explanations
area date
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* * * * * * *
Negative Declaration for the Statewide........ 12/29/2020....... 3/30/22, 87 FR Negative Declaration.
2016 Control Techniques 18274. There are no sources
Guidelines for the Oil and operating in
Natural Gas Industry. Connecticut covered
by the USEPA Control
Technique Guideline,
EPA EPA-453/B-16-001.
* * * * * * *
Negative Declaration for the Statewide........ 5/16/2025........ 8/6/26, [91 FR Negative Declaration.
Control Techniques Guidelines [INSERT FEDERAL There are no sources
for Control of Volatile REGISTER PAGE operating in
Organic Emissions from WHERE THE Connecticut covered
Manufacture of Pneumatic DOCUMENT by the US EPA Control
Rubber Tires. BEGINS]]. Technique Guideline,
EPA-450/2-78-030.
Regulations of
Connecticut State
Agencies section 22a-
174-20(u) remains in
place should a source
of rubber tire
manufacturing begin
operating in the
future.
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[FR Doc. 2026-15986 Filed 8-5-26; 8:45 am]
BILLING CODE 6560-50-P
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