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[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Rules and Regulations]
[Pages 78272-78275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30735]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0117; A-1-FRL-9904-45-Region 1]

Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Ozone Attainment Demonstration for the Greater Connecticut 
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
ozone attainment demonstration submitted by Connecticut to meet Clean 
Air Act requirements for attaining the 1997 8-hour ozone national 
ambient air quality standard. EPA is approving Connecticut's 
demonstration of attainment of the 1997 8-hour ozone standard as it 
relates to the Greater Connecticut 1997 8-hour ozone nonattainment 
area. EPA is also approving the reasonably available control measures 
(RACM) analysis for this same area.

DATES: This rule is effective on January 27, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2008-0117. All documents in the docket 
are listed on the www.regulations.gov. Web site. 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 either electronically through 
www.regulations.gov or in hard copy at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100, 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 to 4:30, excluding legal holidays. Copies of the documents 
relevant to this action are 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: Richard P. Burkhart, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 
02114-2023, telephone number (617) 918-1664, fax number (617) 918-0664, 
email Burkhart.Richard@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever 
``Agency,'' ``we,'' ``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What actions is EPA taking?
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is approving Connecticut's demonstration of attainment of the 
1997 8-hour ozone national ambient air quality standard (NAAQS or 
standard) for the Greater Connecticut moderate ozone nonattainment 
area, submitted on February 1, 2008. EPA is also approving the 
associated RACM analysis for this same area.
    On May 9, 2013 (78 FR 27161), EPA issued a notice of proposed 
rulemaking (NPR) which proposed approval of Connecticut's ozone 
attainment demonstrations for the 1997 ozone standard for two different 
nonattainment areas: (1) The Greater Connecticut ozone nonattainment 
area, and (2) the Connecticut portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT ozone nonattainment area (the New York 
City area). The NPR also proposed approval of the RACM analyses for 
these areas. Today's action approves the ozone attainment demonstration 
and RACM analysis for the Greater Connecticut area only. EPA is not 
taking action on the ozone attainment demonstration and the RACM 
analysis for the Connecticut portion of the New York City ozone 
nonattainment area at this time.
    As stated in the NPR, the EPA is approving Connecticut's 1997 8-
hour ozone attainment demonstration and RACM analysis, for the Greater 
Connecticut ozone nonattainment area,

[[Page 78273]]

because the basic photochemical grid modeling used by Connecticut in 
its SIP submittal meets EPA's guidelines and is acceptable to EPA. As 
also noted in the NPR, complete, quality assured and certified ambient 
air monitoring data show that the Greater Connecticut area attained the 
1997 ozone standard for the 2007-2009 monitoring period (i.e., by the 
area's June 15, 2010 attainment date) and show that this area continued 
to attain the standard through 2011.\1\ The purpose of the attainment 
demonstration is to show how the area will meet the standard by the 
attainment date. All the control measures necessary for attainment of 
the 1997 8-hour ozone standard have already been adopted, submitted, 
approved and implemented.\2\ Based on (1) the state following EPA's 
modeling guidance, (2) the air quality data through 2011, (3) the area 
attaining the standard by the attainment date, and (4) the implemented 
SIP-approved control measures, EPA is approving the Connecticut 
attainment demonstration and RACM SIP submissions for the Greater 
Connecticut 1997 8-hour ozone moderate nonattainment area.
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    \1\ Subsequently, final, certified 2012 ozone data, and 
preliminary 2013 ozone data, indicate continued attainment of the 
1997 8-hour ozone NAAQS for this area. The area, however, remains 
designated nonattainment for the 2008 8-hour ozone NAAQS.
    \2\ At the time of publication of the NPR, three Connecticut 
state SIP revisions had not yet been approved by EPA. All were 
subsequently approved. Specifically, Connecticut's December 8, 2006 
reasonably available control technology (RACT) SIP submission was 
approved on June 27, 2013 (78 FR 38587). The final rulemaking notice 
approving Connecticut's VOC content limits for consumer products 
(Regulations of Connecticut State Agencies (RCSA) section 22a-174-
40) and Connecticut's restrictions on the manufacture and use of 
adhesives and sealants (RCSA section 22a-174-44) was signed by the 
Regional Administrator on November 12, 2013. A copy of the signed 
notice is available in the docket for today's action.
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II. Response to Comments

    As noted above, EPA's May 9, 2013 (78 FR 27161) NPR proposed 
approval of the Connecticut attainment demonstration and RACM SIP 
submissions for two nonattainment areas. EPA received a comment letter 
on our NPR. Most of the comments were solely relevant to the New York 
City area ozone attainment demonstration. EPA is not taking action on 
the New York City attainment demonstration and RACM analysis at this 
time. Consequently, this action does not address comments that pertain 
solely to the New York City area. In today's action, EPA is approving 
the Greater Connecticut ozone attainment demonstration and RACM 
analysis. There was, however, one comment that could be interpreted as 
applying to the attainment demonstrations for both areas. That comment 
is summarized below with EPA's response for the Greater Connecticut 
nonattainment area.
    Comment: The commenter stated that EPA must disapprove the 
attainment demonstration, because it fails to include an analysis under 
Section 110(l) of the Clean Air Act. The commenter states that EPA must 
analyze whether approval of the attainment demonstration for the 1997 
ozone NAAQS would interfere with any applicable requirements regarding 
the 2008 ozone NAAQS or the 2010 nitrogen dioxide NAAQS. The commenter 
specifically requests that EPA evaluate whether approval of this 
attainment demonstration, which does not require any additional 
emission reductions, foregoes some NOx RACT limits which the 
Connecticut Department of Energy and Environmental Protection (CTDEEP) 
previously proposed, and does not apply an 0.07 lb/mmbtu limit for 
coal-fired EGUs, will interfere with attaining the 2008 ozone NAAQS as 
expeditiously as practicable.
    Response: EPA interprets this comment to apply to the Greater 
Connecticut area and our response solely applies to that area. Section 
110(l) states: ``The Administrator shall not approve a revision of a 
plan if the revision would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of this chapter.''
    The SIP submittal that is the subject of this action does not 
contain revisions to any control measures or other regulatory 
requirements. It does not add, remove, or revise any regulatory 
requirements in the list of Federally-enforceable regulations at 40 CFR 
52.370 or 40 CFR 52.385. Rather, this SIP submission is a demonstration 
that, with respect to the 1997 ozone NAAQS, regulations and control 
measures already approved into Connecticut's SIP will (1) provide for 
the implementation of all reasonably available control measures as 
expeditiously as practicable, as required by section 172(c)(1) of the 
Clean Air Act, and (2) provide for attainment of the 1997 ozone NAAQS 
in the Greater Connecticut area by the applicable attainment date (June 
15, 2010), as required by sections 172(c)(1) and 182(c)(2)(A). This 
particular SIP submission does not (and was not required to) make any 
demonstrations regarding the adequacy of the SIP with respect to any 
other NAAQS, such as the 2008 ozone NAAQS or the 2010 nitrogen dioxide 
NAAQS.
    It is arguable whether section 110(l) applies to this submission, 
as this submission is not revising any substantive elements of the SIP, 
such as control measures. As noted above, the submission that EPA is 
approving does not include any increases in emissions or relaxations of 
Federally-enforceable control measures to existing SIP-approved 
emissions control regulations in the list of Federally-enforceable 
regulations at 40 CFR 52.370 or 40 CFR 52.385, where we would need to 
determine if such changes would meet the Section 110(l) requirement. 
Rather, EPA is simply revising Sec.  52.377 to reflect EPA's conclusion 
that Connecticut has an adequate control strategy for the 1997 ozone 
standard with respect to the Greater Connecticut ozone nonattainment 
area.
    Specifically, the 1997 8-hour ozone attainment demonstration 
submitted by Connecticut includes: (1) A detailed ozone photochemical 
grid modeling analysis (including a weight of evidence analysis) that 
meets EPA guidance; (2) an analysis of air quality data, which is 
supplemented in the NPR by EPA with more up-to-date ozone data; and (3) 
a list of measures that will bring the area into attainment. The 
purpose of the 1997 8-hour ozone attainment demonstration for the 
Greater Connecticut area is to demonstrate how, through enforceable and 
approvable emission reductions, that area will meet the standard by the 
attainment date (June 15, 2010). All ozone control measures necessary 
for attainment of the 1997 8-hour ozone NAAQS have already been 
adopted, submitted, approved into the SIP and implemented. Based on (1) 
Connecticut following EPA's modeling guidance, (2) the air quality data 
through 2011, (3) the area attaining the standard by the attainment 
date, and (4) the implemented SIP-approved control measures, EPA is 
approving the Connecticut ozone attainment demonstration, including the 
RACM analysis, for the Greater Connecticut area.
    Furthermore, the Greater Connecticut area is designated 
``marginal'' nonattainment for the 2008 ozone standard. (See 40 CFR 
81.307) As a result of its ``marginal'' classification, the area is 
required to attain the 2008 ozone standard by December 31, 2015 (77 FR 
30167, May 21, 2012) but is not required to submit an attainment 
demonstration for the 2008 ozone standard. Approval of this submission 
will not interfere with attainment of the 2008 ozone standard, because 
it will not

[[Page 78274]]

change any control requirements or alter ambient concentrations of 
ozone.
    While many of the control measures that CTDEEP has implemented for 
attaining the 1997 standard may also assist the Greater Connecticut 
area in meeting the 2008 standard, it is possible that the area may 
also need additional measures that were not needed to attain the 1997 
standard. The fact that Connecticut did not find it necessary to 
implement a particular measure in order to attain the 1997 standard 
does not mean that Connecticut may not find it necessary to implement 
that same (or a similar) measure in the future, to fulfill other 
requirements of the Clean Air Act. By the same token, EPA's approval of 
Connecticut's attainment demonstration for the 1997 ozone standard 
without certain measures does not foreclose either Connecticut or EPA 
from finding, at a future date with respect to a distinct future 
obligation, that Connecticut needs those (or similar) measures in order 
to meet other requirements. See Ky. Resources Council, Inc. v. EPA, 467 
F.3d 986, 996 (6th Cir. 2006).
    Connecticut is designated unclassifiable/attainment for the 2010 1-
hour NAAQS for nitrogen dioxide (see 40 CFR 81.307), and therefore has 
no requirement to submit an attainment demonstration. However, a 
similar analysis illustrates that, assuming section 110(l) applies, 
approval of this submission will not interfere with attainment or 
maintenance of the nitrogen dioxide NAAQS. Approval of this SIP 
submission will not alter any control measures currently in the SIP. 
Thus, there is no reason to believe that approval of this SIP 
submission will change the ambient concentrations of nitrogen dioxide 
that would otherwise occur, or that approval would interfere with 
attainment or maintenance of the nitrogen dioxide NAAQS.
    For these reasons, even assuming section 110(l) applies to this 
submittal, EPA concludes the submittal will not interfere with 
attainment of the 2008 ozone NAAQS, the 2010 nitrogen dioxide NAAQS, or 
any other requirement of the Clean Air Act.

III. Final Action

    EPA is approving Connecticut's demonstration of attainment of the 
1997 8-hour ozone national ambient air quality standard for the Greater 
Connecticut moderate 8-hour ozone nonattainment area submitted on 
February 1, 2008. EPA is also approving the associated RACM analysis 
for this same area.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. The approval of an 
attainment demonstration and RACM analysis does not impose additional 
requirements beyond those imposed by state law and the CAA. For that 
reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it does not impose any new regulatory requirements on tribes, 
impact any existing sources of air pollution on tribal lands, nor 
impair the maintenance of ozone national ambient air quality standards 
in tribal lands.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 24, 2014. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 10, 2013.
Michael P. Kenyon,
Acting Regional Administrator, EPA New England.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended 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. Section 52.377 is amended by adding a new paragraph (n) to read as 
follows:

Sec.  52.377  Control strategy: Ozone.

* * * * *

[[Page 78275]]

    (n) Approval--An attainment demonstration for the 1997 8-hour ozone 
standard to satisfy requirements of section 182(c)(2)(A) of the Clean 
Air Act, and a Reasonably Available Control Measure (RACM) analysis to 
satisfy requirements of section 172(c)(1) of the Clean Air Act for the 
Greater Connecticut ozone nonattainment area, submitted by the 
Connecticut Department of Energy and Environmental Protection on 
February 1, 2008.

[FR Doc. 2013-30735 Filed 12-24-13; 8:45 am]
BILLING CODE 6560-50-P
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