43960 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 22, 2015. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: July 14, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Add § 52.1188 to read as follows: 

§ 52.1188 Control strategy: Lead (Pb). 

(a) Based upon EPA’s review of the air 

quality data for the three-year period 

2012 to 2014, EPA determined that the 

Belding, MI Pb nonattainment area has 

attained the 2008 Pb National Ambient 

Air Quality Standard (NAAQS). This 

clean data determination suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard as long as this area 

continues to meet the 2008 Pb NAAQS. 

(b) [Reserved] 

[FR Doc. 2015–18103 Filed 7–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0842; A–1–FRL– 

9927–32–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Prevention of Significant 

Deterioration and Nonattainment New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to fully approve revisions to the 

State of Connecticut’s State 

Implementation Plan (SIP) relating to 

regulation of fine particulate matter 

(PM2.5) emissions within the context of 

EPA’s Prevention of Significant 

Deterioration (PSD) regulations. EPA is 

also approving clarifications to the 

applicability section of Connecticut’s 

Nonattainment New Source Review 

(NNSR) regulations. These revisions 

will be part of Connecticut’s major 

stationary source preconstruction 

permitting programs, and are intended 

to align Connecticut’s regulations with 

the federal PSD and NNSR regulations. 

This action is being taken in accordance 

with the Clean Air Act (CAA). 

DATES: This direct final rule will be 

effective September 22, 2015, unless 

EPA receives adverse comments by 

August 24, 2015. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2014–0842 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: dahl.donald@epa.gov 

3. Fax: (617) 918–0657. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2014–0842’’, 

Donald Dahl, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, and 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (Mail code OEP05– 

2), Boston, MA 02109–3912. 

5. Hand Delivery or Courier: Deliver 

your comments to: Donald Dahl, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Permits, 

Toxics, and Indoor Programs Unit, 5 

Post Office Square—Suite 100 (Mail 

code OEP05–2), Boston, MA 02109– 

3912. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2014– 

0842. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information 

may not publicly available, e.g., CBI or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 


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1The values contained in Connecticut’s Ambient 

Impact table correspond to EPA’s Significant Impact 

Levels (SILs). 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, 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. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 a.m. to 4:30 p.m., 

excluding legal holidays. 

In addition, a copy of the state 

submittal is also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency; the Bureau of Air Management, 

Department of Energy and 

Environmental Protection, State Office 

Building, 79 Elm Street, Hartford, CT 

06106–1630. 

FOR FURTHER INFORMATION CONTACT: 

Donald Dahl, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, and 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (Mail code OEP05– 

2), Boston, MA 02109–3912. Mr. Dahl’s 

telephone number is (617) 918–1657; 

email address: dahl.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

Table of Contents 

I. What is the background for EPA’s action? 

II. What is EPA’s analysis of Connecticut’s 

proposed SIP revisions? 

A. Connecticut’s September 27, 2012 SIP 

Submission 

B. Connecticut’s October 9, 2012 SIP 

Submission 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is the background for EPA’s 

action? 

On September 27, 2012 and October 

9, 2012, the State of Connecticut’s 

Department of Energy and 

Environmental Protection (CT DEEP) 

submitted to EPA proposed formal 

revisions to Connecticut’s State 

Implementation Plan (SIP). The 

submitted SIP revisions consist of: (1) 

Amendments to Connecticut’s PSD 

regulations and tables to address PM2.5

emissions; (2) a notice requirement to be 

provided to states affected by emissions 

from major new or modified 

construction; (3) one modified 

definition relating to the State’s PSD 

program; (4) language amending an 

existing section of the State’s NNSR SIP 

regulations for purposes of clarification; 

and (5) the addition of PM2.5 in an 

emissions offset provision of the State’s 

NNSR regulations. Each of these 

revisions relates to requirements 

contained in EPA’s regulations codified 

at either 40 CFR 51.165 (NNSR) or 

51.166 (PSD). 

II. What is EPA’s analysis of 

Connecticut’s proposed SIP revisions? 

Connecticut is currently a SIPapproved state for all CAA major 

stationary source preconstruction 

permitting programs, PSD and NNSR. 

EPA’s analysis of Connecticut’s 

September 27, 2012 and October 9, 2012 

submissions in relation to those federal 

programs appears below. 

A. Connecticut’s September 27, 2012 

SIP Submission 

Connecticut’s submission included 

sections 22a–174–2a(b)(5)(E) and (b)(6) 

of its air program regulations. Those 

provisions clarify when and which 

entities will receive from the CT DEEP 

a copy of the notice of the State’s 

‘‘tentative determination’’ (or draft 

major stationary source preconstruction 

permit). More specifically, 

Connecticut’s SIP-approved regulations 

had not previously contained a 

provision requiring notice (prior to 

issuance of a PSD permit) to states 

whose air quality may be affected by 

emissions from a major new or modified 

source. EPA identified this missing 

requirement when determining whether 

Connecticut’s SIP met the affected state 

notification requirement in CAA section 

110(a)(2)(D)(ii) and 40 CFR 

51.166(q)(2)(iv). On October 16, 2012, 

EPA conditionally approved 

Connecticut’s infrastructure SIP for the 

1997 and 2006 PM2.5 standards. See 77 

FR 63228. The portion of the October 

16, 2012 conditional approval addressed 

by the State’s September 27, 2012 SIP 

revision involved the requirement that 

Connecticut notify other affected states 

prior to issuing a PSD permit. 

EPA has analyzed the submitted 

provisions and has determined that they 

are consistent with EPA’s regulations, 

including the requirement at 40 CFR 

51.166(q)(2)(iv) applicable to affected 

state notice. Therefore, EPA is fully 

approving the revisions into 

Connecticut’s SIP. 

B. Connecticut’s October 9, 2012 SIP 

Submission 

Connecticut’s submission addresses 

PM2.5 emissions requirements for PSD 

permitting by adding PM2.5 to several 

sections of the State’s SIP regulations. 

These sections are Section 22a–174–1 

(definition of ‘‘Major source baseline 

date’’) and Tables 3a(i)–1 (Ambient 

Impact 1), 3a(k)–1 (Significant Emission 

Rate Thresholds) and 3a(k)–2 (PSD 

Increment) in Section 22a–174–3a. 

Connecticut’s SIP-approved 

regulations had not previously 

contained provisions that addressed 

PM2.5 requirements for PSD permitting. 

EPA identified these missing 

requirements when determining 

whether Connecticut’s infrastructure 

SIP met the requirements of a fully 

approved PSD program set forth in CAA 

sections 110(a)(2)(C), (D)(i)(II) and (J). 

On October 16, 2012, EPA conditionally 

approved Connecticut’s infrastructure 

SIP for the 1997 and 2006 PM2.5

standards. See 77 FR 63228. The portion 

of EPA’s October 16, 2012 conditional 

approval addressed by the State’s 

October 9, 2012 SIP revision submission 

involved establishing a Significant 

Emission Rate Threshold for PM2.5

emissions and precursors to PM2.5, 

PM2.5 increment, and adding PM2.5 to 

the definition of ‘‘Major source baseline 

date.’’ 

The October 9, 2012 submission also 

included revisions to Connecticut’s 

NNSR regulations. These revisions are 

to Section 22a–174–3a(l)(1) 

(applicability), discussed in more detail 

below, and Section 22a–174– 

3a(l)(4)(B)(iv), adding PM2.5 to a list of 

pollutants relevant to emissions offsets. 

We note, however, that Connecticut 

currently does not have any PM2.5

nonattainment areas. 

In EPA’s ‘‘Implementation of the New 

Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers,’’ Final Rule, 73 FR 28321 

(May 16, 2008), EPA established a new 

significance level for PM2.5 emissions. In 

EPA’s ‘‘Prevention of Significant 

Deterioration (PSD) for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5)—Increments, Significant Impact 

Levels (SILs) and Significant Monitoring 

Concentration (SMC),’’ Final Rule, 75 

FR 64864 (October 20, 2010), EPA 

established increments, SILs, and SMCs 

for PM2.5 emissions. Both of these EPA 

rules required Connecticut to amend 

their state regulations for permitting 

major new and modified major 


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stationary sources in relation to the 

PM2.5 NAAQS. 

On January 22, 2013, the United 

States Court of Appeals for the District 

of Columbia Circuit granted a request 

from EPA to vacate and remand to EPA 

the portions of the PM2.5 PSD 

Increment-SILs-SMC Rule (40 CFR 

51.166(k)(2) and 40 CFR 52.21(k)(2)) 

addressing the SILs for PM2.5 so that 

EPA could voluntarily correct an error 

in these provisions. See Sierra Club v. 

EPA, 705 F.3d 458, 463–66 (D.C. Cir. 

2013). The court declined to vacate the 

SILs provision at 40 CFR 51.165(b)(2) 

that did not contain that same error. Id. 

The Court also vacated the part of the 

PM2.5 PSD Increment-SILs-SMC Rule 

establishing the PM2.5 SMC for the PSD 

permitting program, finding that EPA 

was precluded from using the PM2.5

SMC to exempt permit applicants from 

the statutory requirement to compile 

and submit preconstruction monitoring 

data as part of a complete PSD 

application. Id. at 469. On December 9, 

2013, EPA issued a final rulemaking to 

remove the vacated PM2.5 SILs 

provisions and revising the existing 

PM2.5 SMC listed in 40 CFR 

51.166(i)(5)(i)(c) to zero micrograms per 

cubic meter (0 mg/m3). See 78 FR 73698. 

Connecticut has never adopted an 

SMC for PM2.5 emissions pursuant to 40 

CFR 51.166(i)(5), which was vacated by 

the United States Court of Appeals for 

the District of Columbia Circuit, because 

the provision is an optional element of 

a state’s program and Connecticut chose 

not to include that element in its 

program. Connecticut’s regulations also 

do not contain provisions that address 

the SIL provisions at 40 CFR 

51.166(k)(2) vacated by the Court. 

EPA has analyzed the above-described 

amended sections of Connecticut’s 

regulations and has determined those 

sections are consistent with the 

requirements codified at 40 CFR 51.166, 

and therefore should be approved into 

Connecticut’s SIP. 

Connecticut’s October 9, 2012 

submission also included amendments 

to certain sections of the State’s NNSR 

regulations. One change affected section 

22a–174–3a(l)(1) of Connecticut’s 

regulations and was adopted to clarify 

that the applicability of the State’s 

NNSR requirements is triggered in 

designated nonattainment areas by 

emissions of the pollutant for which the 

area is designated nonattainment. 

As noted earlier, Connecticut also 

added PM2.5 emissions to a list of 

pollutants in section 22a–174– 

3a(l)(4)(B)(iv), which addresses 

emission reduction credits. As also 

noted earlier, however, Connecticut 

currently does not have any PM2.5

nonattainment areas. 

EPA has analyzed the above-described 

amended sections of Connecticut’s 

regulations and has determined those 

sections are consistent with the 

requirements codified at 40 CFR 51.165, 

and therefore should be approved into 

Connecticut’s SIP. 

The State’s October 9, 2012 

submission also included an 

amendment to Table 3a(i)–1 of section 

22a–174–3a, adding values for PM2.5

Ambient Impact (these values are 

equivalent conceptually to EPA’s SILs). 

The State’s October 9, 2012 submission 

also included section 22a–174– 

3a(l)(l)(C), which requires sources to 

undergo NNSR and permitting even 

though they are located in attainment 

areas or areas that are unclassifiable, but 

only if the allowable emissions from 

such sources would cause or exacerbate 

a violation of a NAAQS in an adjacent 

nonattainment area. EPA is approving 

these two revisions to Connecticut’s SIP. 

In doing so, however, we note that 

section 22a–174–3a(l)(l)(C) contains a 

reference to Table 3a(i)–1 of section 

22a–174–3a (the State’s Ambient Impact 

values) and specifies that if the modeled 

ambient impacts from a source’s 

allowable emissions would be below 

those impact values the NNSR 

permitting requirements of section 22a– 

174–3a(l)(l)(C) would then not apply. 

EPA interprets this provision to only 

apply in the state’s NNSR permitting 

program to determine whether a source 

locating in an attainment or 

unclassifiable area will cause or 

exacerbate a violation of the NAAQS in 

an adjacent nonattainment area and thus 

be subject to NNSR review under the 

particular requirements of the 

Connecticut SIP. As this provision only 

appears in the state’s NNSR permitting 

rules, EPA does not interpret this 

provision to apply in Connecticut’s PSD 

permitting program to determine 

whether a proposed new or modified 

source would cause or contribute to a 

violation of the NAAQS anywhere. 

Thus, this narrowly drafted NNSR 

applicability provision and the manner 

in which Connecticut’s regulation 

applies the ambient impact values from 

Table 3a(i)–1 in this provision are not in 

conflict with the DC Circuit decision in 

Sierra Club v. EPA that vacated EPA’s 

SIL provision at 40 CFR 51.166(k)(2). 

EPA views Section 22a–174–3a(l)(l)(C) 

as a NNSR applicability provision that 

has no effect on Connecticut’s PSD 

permitting program, which still requires 

that a proposed new or modified source 

locating in an attainment or 

unclassifiable area to make an 

appropriate demonstration that it does 

not cause or contribute to a violation of 

any NAAQS or increment. See Section 

22a–174–3a(k) of CT DEEP’s regulations. 

III. Final Action 

Pursuant to section 110 of the CAA, 

EPA is fully approving Connecticut’s 

September 27, 2012 and October 9, 2012 

SIP revisions. The EPA is publishing 

this action without prior proposal 

because the Agency views this as a 

noncontroversial amendment and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revisions should 

relevant adverse comments be filed. 

This rule will be effective September 22, 

2015 without further notice unless the 

Agency receives relevant adverse 

comments by August 24, 2015. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing today’s final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on September 22, 2015 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

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 of the State 

of Connecticut Department of Energy 

and Environmental Protection 

Regulations 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 electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 


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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 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: 

• 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) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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.); 

• 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); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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 September 22, 

2015. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, 

Sulfur oxides, Volatile organic 

compounds. 

Dated: April 20, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart H—Connecticut 

■ 2. Section 52.370 is amended by 

adding paragraphs (c)(107) and (108) to 

read as follows: 

§ 52.370 Identification of plan 

* * * * * 

(c) * * * 

(107) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of Energy and 

Environmental Protection on September 

27, 2012. 

(i) Incorporation by reference. 

(A) Regulations of Connecticut State 

Agencies Section 22a–174–2a(b)(5) 

introductory text and Section 22a–174– 

2a(b)(5)(E), as published in the 

Connecticut Law Journal on October 23, 

2012, effective September 10, 2012. 

(B) Regulations of Connecticut State 

Agencies Section 22a–174–2a(b)(6), as 

published in the Connecticut Law 

Journal on October 23, 2012, effective 

September 10, 2012. 

(108) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of Energy and 

Environmental Protection on October 9, 

2012. 

(i) Incorporation by reference. 

(A) Regulations of Connecticut State 

Agencies Section 22a–174–1(62), as 

published in the Connecticut Law 

Journal on October 16, 2012, effective 

September 10, 2012. 

(B) Regulations of Connecticut State 

Agencies Section 22a–174–3a(i), Table 

3a(i)–1, published in the Connecticut 

Law Journal on October 16, 2012, 

effective September 10, 2012. 

(C) Regulations of Connecticut State 

Agencies revisions to Section 22a–174– 

3a(k), Table 3a(k)–1, published in the 

Connecticut Law Journal on October 16, 

2012, effective September 10, 2012. 

(D) Regulations of Connecticut State 

Agencies revisions to Section 22a–174– 

3a(k), Table 3a(k)–2, published in the 

Connecticut Law Journal on October 16, 

2012, effective September 10, 2012. 

(E) Regulations of Connecticut State 

Agencies revisions to Section 22a–174– 

3a (l)(1), published in the Connecticut 

Law Journal on October 16, 2012, 

effective September 10, 2012. 

(F) Regulations of Connecticut State 

Agencies revisions to Section 22a–174– 

3a(l)(4)(B) introductory text and Section 

22a–174–3a(l)(4)(B)(iv), published in the 

Connecticut Law Journal on October 16, 

2012, effective September 10, 2012. 


rmajette on DSK2VPTVN1PROD with RULES
43964 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations 

■ 3. In § 52.385, Table 52.385 is 

amended by adding new entries to 

existing state citations for 22a–174–1, 

22a–174–2a, and 22a–174–3a to read as 

follows: 

§ 52.385 EPA-approved Connecticut 

regulations. 

* * * * * 

TABLE 52.385—EPA-APPROVED REGULATIONS

Connecticut 

State 

citation 

Title/subject 

Dates 

Federal Register 

citation 

Section 

52.370 Comments/description Date adopted 

by State 

Date approved 

by EPA 

*******

22a–174–1 ..... Definitions .......... 9/10/2012 7/24/2015 [Insert Federal 

Register citation].

(c)(108) Modified definition of ‘‘major source 

baseline date’’ for purposes of 

adding PM2.5. 

* * * * * * * 

22a–174–2a ... Procedural Requirements for 

New Source 

Review and 

Title V Permitting.

9/10/2012 7/24/2015 [Insert Federal 

Register citation].

(c)(107) Only sections 22a–174–2a(b)(5)(E) 

and (b)(6) are being approved. 

* * * * * * * 

22a–174–3a ... Permit to Construct and Operate Stationary Sources.9/10/2012 7/24/2015 [Insert Federal 

Register citation].

(c)(108) Added Ambient Impact values for 

PM2.5 in Table 3a(i)–1, Significant Emission Rate Thresholds 

for PM2.5 emissions and its precursors in Table 3a(k)–1, PM2.5

increment added to Table 3a(k)– 

2, and PM2.5 added to section 

22a–174–3a(l)(4)(B)(iv). Revised 

section 22a–174–3a(l)(1). 

* * * * * * * 

[FR Doc. 2015–17664 Filed 7–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0172; FRL–9931–09– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Electronic Reporting Consistent With 

the Cross Media Electronic Reporting 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New Mexico. 

The revision pertains primarily to 

electronic reporting and would require 

electronic reporting of documents 

submitted for compliance with Clean 

Air Act (CAA) requirements. The 

revision also includes other changes 

which are non-substantive and 

primarily address updates to New 

Mexico Environment Department’s 

(NMED) document viewing locations. 

DATES: This rule is effective on 

September 22, 2015 without further 

notice, unless EPA receives relevant 

adverse comment by August 24, 2015. If 

EPA receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2015–0172, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions. 

• Email: fuerst.sherry@epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2015– 

0172. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 


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