Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules 27161 

submitted between the close of the 

original comment period and the reopening of this comment period will be 

accepted and considered. 

DATES: The comment period for the 

proposed rule published on March 20, 

2013 (78 FR 17161) is reopened through 

June 10, 2013. All comments received 

on or before June 10, 2013 will be 

entered into the public record and 

considered by EPA before taking final 

action on the proposed rule. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0132 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0132, 

Cristina Fernandez, Associate Director, 

Office of Air Planning Program, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0132. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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 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 in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the States’ submittals are 

available at the District of Columbia, 

Department of the Environment, Air 

Quality Division, 1200 1st Street, NE 5th 

floor, Washington, DC 20002; Maryland 

Department of the Environment, 1800 

Washington Boulevard, Suite 705, 

Baltimore, Maryland 21230; and the 

Virginia Department of Environmental 

Quality, 629 East Main Street, 

Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Cripps, (215) 814–2179, or 

by email at cripps.christopher@epa.gov. 

Please note that while questions on this 

reopening of the comment period for the 

proposed approval of the attainment 

demonstration portion of attainment 

plans for the Washington area may be 

posed via telephone and email, formal 

comments must be submitted in writing, 

as indicated in the ADDRESSES section of 

this document. 

Dated: April 24, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–11058 Filed 5–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0117; A–1–FRL– 

9810–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Ozone Attainment 

Demonstrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the ozone attainment demonstrations 

(including the reasonably available 

control measures (RACM) analyses) 

submitted by Connecticut as a State 

Implementation Plan (SIP) revision on 

February 1, 2008 to meet Clean Air Act 

requirements for attaining the 1997 8- 

hour ozone national ambient air quality 

standard. EPA is proposing to approve 

Connecticut’s demonstrations of 

attainment of the 1997 8-hour ozone 

standard for Connecticut’s portion of the 

New York-Northern New Jersey-Long 

Island, NY–NJ–CT 1997 moderate ozone 

nonattainment area and for the Greater 

Connecticut moderate ozone 

nonattainment area. EPA is also 

proposing to approve the RACM 

analyses for these same areas. 

DATES: Written comments must be 

received on or before June 10, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2008–0117 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2008–0117,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100 (mail code: OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, 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 to 4:30, 

excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2008– 

0117. 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
27162 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules 

1Unless otherwise specifically noted in this 

action, references to the 8-hour ozone standard are 

to the 0.08 parts per million (ppm) ozone standard 

promulgated in 1997. 

‘‘anonymous access’’ systems, 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. 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 in www.regulations.gov or 

in hard copy at Air Quality Planning 

Unit, Office of Ecosystem Protection, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. EPA requests 

that if at all possible, you contact the 

person 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. 

In addition, copies of the state 

submittal 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, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

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 Proposing? 

II. What is the Background for EPA’s 

Proposed Actions? 

A. History of Connecticut’s Ozone 

Attainment Demonstrations 

B. Moderate Nonattainment Area 

Requirements 

C. Why is EPA Proposing these Actions? 

III. What was included in Connecticut’s SIP 

Submittal? 

IV. What is EPA’s Basis for Proposing to 

Approve the Attainment 

Demonstrations? 

A. Adequacy of Control Strategy 

B. Components of the Modeled Attainment 

Demonstrations 

C. Air Quality Data 

D. EPA’s Evaluation 

V. Proposed Actions 

VI. Statutory and Executive Order Reviews 

I. What actions is EPA proposing? 

EPA is proposing to approve 

Connecticut’s February 1, 2008 SIP 

revision which demonstrates attainment 

of the 1997 8-hour ozone national 

ambient air quality standard (NAAQS or 

standard) 1 for Connecticut’s portion of 

the New York-Northern New JerseyLong Island, NY–NJ–CT moderate ozone 

nonattainment area (also called the New 

York City area) and for the Greater 

Connecticut moderate ozone 

nonattainment area. EPA is also 

proposing to approve the associated 

RACM analyses for these same areas. 

The EPA is proposing to approve 

Connecticut’s 1997 8-hour ozone 

attainment demonstrations and RACM 

analyses, because the EPA has 

determined that both the New York City 

and Greater Connecticut moderate 

ozone nonattainment areas attained the 

1997 8-hour ozone NAAQS by their 

attainment deadline. 

II. What is the background for EPA’s 

proposed actions? 

A. History of Connecticut Ozone 

Attainment Demonstrations. 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 ppm 

averaged over an 8-hour time frame. 

EPA set the 8-hour ozone standard 

based on scientific evidence 

demonstrating that ozone causes 

adverse health effects at lower ozone 

concentrations and over longer periods 

of time than was understood when the 

pre-existing 1-hour ozone standard was 

set. EPA determined that the 8-hour 

standard would be more protective of 

human health, especially with regard to 

children and adults who are active 

outdoors, and individuals with a preexisting respiratory disease, such as 

asthma. 

On April 30, 2004 (69 FR 23858), EPA 

finalized its attainment/nonattainment 

designations for areas across the country 

with respect to the 8-hour ozone 

standard. These actions became 

effective on June 15, 2004. Among those 

nonattainment areas is the New York 

City area. The New York City moderate 

ozone nonattainment area is composed 

of: Bergen, Essex, Hudson, Hunterdon, 

Middlesex, Monmouth, Morris, Passaic, 

Somerset, Sussex, Union, and Warren 

Counties in New Jersey; Bronx, Kings, 

Nassau, New York, Queens, Richmond, 

Rockland, Suffolk, and Westchester 

Counties in New York; and Fairfield, 

Middlesex, and New Haven Counties in 

Connecticut. See 40 CFR 81.307, 81.331, 

and 81.333. In addition, the remaining 

five counties in Connecticut were also 

designated nonattainment, as the 

Greater Connecticut moderate ozone 

nonattainment area. See 40 CFR 81.307. 

Also, on April 30, 2004 (69 FR 23951), 

EPA promulgated the Phase 1 8-hour 

ozone implementation rule which 

provided how areas designated 

nonattainment for the 1997 8-hour 

ozone standard would be classified. 

These designations triggered the Clean 

Air Act (CAA or Act) requirements 

under section 182(b) for moderate 

nonattainment areas, including a 

requirement to submit an attainment 

demonstration. EPA’s Phase 2 8-hour 

ozone implementation rule, published 

on November 29, 2005 (70 FR 71612) 

(Phase 2 Rule) specifies that states must 

submit attainment demonstrations for 

their nonattainment areas to the EPA by 

no later than three years from the 

effective date of designation, that is, by 

June 15, 2007. 40 CFR 51.908(a). 

Although the focus of this proposed 

action is on attainment demonstrations 

and RACM analyses for the 1997 8-hour 

ozone standard, we note that EPA has 

subsequently revised the ozone 

standard. On March 12, 2008, EPA 

revised both the primary and secondary 

NAAQS for ozone to a level of 0.075 

ppm (annual fourth-highest daily 

maximum 8-hour average concentration, 

averaged over 3 years) to provide 

increased protection of public health 


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2See 73 FR 16436; March 27, 2008. For a detailed 

explanation of the calculation of the 3-year 8-hour 

average, see 40 CFR part 50, Appendix I. 

3For further information on these plans, see 76 

FR 51264 for New York and 74 FR 22837 for New 

Jersey. 

and the environment.2 The 2008 ozone 

NAAQS retain the same general form 

and averaging time as the 0.08 ppm 

NAAQS set in 1997, but are set at a 

more protective level. State emission 

reduction efforts already underway to 

meet the 1997 8-hour ozone standard 

will continue with implementation of 

the 2008 ozone NAAQS. 

B. Moderate Nonattainment Area 

Requirements. 

EPA’s November 29, 2005 Phase 2 

ozone implementation rule addresses, 

among other things, the control 

obligations that apply to areas 

designated nonattainment for the 1997 

8-hour NAAQS. The Phase 1 and Phase 

2 ozone implementation rules outline 

the SIP requirements and deadlines for 

various requirements in areas 

designated as moderate nonattainment. 

For such areas, modeling and 

attainment demonstrations with 

projection year emission inventories 

were due by June 15, 2007, along with 

reasonable further progress (RFP) plans, 

RACM, motor vehicle emissions budgets 

and contingency measures (40 CFR 

51.908(a) and (c), 51.910, 51.912). In 

addition, moderate nonattainment areas 

were also required to submit a 

reasonably available control technology 

(RACT) SIP. This action addresses 

Connecticut’s demonstrations of 

attainment of the 1997 8-hour ozone 

standard, and the RACM analyses. 

Moderate nonattainment areas are 

required to attain the 1997 8-hour ozone 

NAAQS by no later than six years after 

designation, or June 15, 2010. See 40 

CFR 51.903. In order to demonstrate 

attainment by June 2010, the area must 

adopt and implement all controls 

necessary for attainment by the 

beginning of the 2009 ozone season and 

demonstrate that the level of the 

standard will be met during the 2009 

ozone season. 

C. Why is EPA proposing these actions? 

On August 31, 2010 (75 FR 53219), 

EPA made a determination that the 

Greater Connecticut area had attained 

the 1997 8-hour ozone NAAQS. 

Similarly, on June 18, 2012 (77 FR 

36163), EPA made a determination that 

the New York City area had attained the 

1997 8-hour ozone NAAQS. Pursuant to 

40 CFR 51.918, these ‘‘clean data’’ 

determinations suspend the 

requirements for various SIP items, 

including, the requirement to submit an 

attainment demonstration, an RFP plan, 

and section 172(c)(9) contingency 

measures for the eight-hour ozone 

NAAQS for so long as an area continues 

to attain the ozone NAAQS. However, 

section 110(k)(2) of the CAA requires 

EPA to take action on any 

administratively complete SIP revision 

submittal within 12 months of the SIP 

being deemed complete. Therefore, 

while the clean data determinations 

suspend the state’s obligation to submit 

the attainment demonstration SIP 

revision, the determinations do not 

suspend EPA’s obligation to take action 

on the SIP revision if it has been 

submitted by the state and deemed to be 

complete. This proposed rulemaking is 

intended to address EPA’s obligations 

on Connecticut’s February 1, 2008 SIP 

revision. 

III. What was included in Connecticut’s 

SIP submittal? 

After completing the appropriate 

public notice and comment procedures, 

Connecticut made a series of submittals 

in order to address the Act’s 1997 8- 

hour ozone nonattainment 

requirements. 

On December 8, 2006, Connecticut 

submitted its state-wide 8-hour ozone 

RACT SIP, for both volatile organic 

compounds and oxides of nitrogen, 

which included a determination that 

many of the RACT rules currently 

contained in its SIP meet the RACT 

obligation for the 8-hour standard and 

also included commitments to adopt 

revisions to several regulations where 

the State identified more stringent 

emission limitations that it believed 

should now be considered RACT. 

On February 1, 2008, Connecticut 

submitted a SIP that included ozone 

attainment demonstrations for the 1997 

8-hour ozone standard, RFP plans, 

motor vehicle emissions budgets, 

contingency measures and RACM 

analyses for the Connecticut portion of 

the New York City area and the Greater 

Connecticut area. Connecticut’s 

attainment demonstrations and RACM 

analyses are the only subjects of this 

proposed rulemaking. 

On August 22, 2012 (77 FR 50595), 

EPA approved Connecticut’s RFP plans 

for the Connecticut portion of the New 

York City area and the Greater 

Connecticut area. In that same notice, 

EPA also approved the contingency 

measures, the 2002 base year inventory, 

and the Motor Vehicle Emissions 

Budgets for 2008, associated with the 

reasonable further progress plans for 

both these areas. 

IV. What is EPA’s basis for approving 

the attainment demonstrations? 

A. Adequacy of Control Strategy 

Sections 172 and 182 of the Act 

require Connecticut to revise its SIP to 

meet various requirements applicable to 

nonattainment areas. Connecticut has 

submitted all required SIP revisions to 

address the control requirements under 

the 1997 8-hour ozone standard. 

As noted earlier, EPA has already 

approved Connecticut’s RFP plans for 

both nonattainment areas (77 FR 50595). 

Note that New Jersey and New York also 

have fully implemented RFP plans for 

the New York City area.3 All three 

state’s RFP plans contained 

corresponding emission control 

measures, and the three states also 

developed and adopted additional 

control measures to ensure attainment 

of the ozone standard by the attainment 

date. All of the control measures that are 

contained in the RFP plans were 

submitted as SIP revisions and 

approved by EPA. Therefore, 

Connecticut’s demonstrations of 

attainment for the New York City and 

Greater Connecticut areas are 

approvable because Connecticut 

adopted the necessary ozone precursor 

control measures in its ozone plans. 

As discussed above, EPA has already 

approved most of Connecticut’s SIP 

revisions or analyses under these 

requirements. In this action, EPA is also 

proposing to approve Connecticut’s 

RACM analyses. Furthermore, the final 

approval of Connecticut’s December 8, 

2006 RACT SIP was signed by the 

Regional Administrator on March 22, 

2013 and forwarded for publication in 

the Federal Register. A copy of the 

signed approval is available in the 

docket for this action. Also, Connecticut 

submitted two additional control 

measures to EPA as SIP revisions from 

which reductions are assumed in 

Connecticut’s attainment 

demonstrations. These measures are: 

VOC content limits for consumer 

products (Regulations of Connecticut 

State Agencies (RCSA) section 22a–174– 

40) and restrictions on the manufacture 

and use of adhesives and sealants 

(RCSA section 22a–174–44). EPA will 

take final action on these two 

regulations prior to finalizing action on 

today’s proposal. 

Finally, it should be noted that 

Connecticut’s attainment 

demonstrations also include discussion 

of an anticipated measure, NOX

reductions from industrial, commercial 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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4The reductions were projected as 0.9 tons per 

day from area sources, and 0.8 tons per day from 

point sources. See Attachment F (‘‘Revision to 

Connecticut’s State Implementation Plan, 8-Hour 

Ozone Attainment Demonstration Technical 

Support Document, Appendices’’), Appendix 4E 

(unnumbered last page labeled ‘‘Emission 

Reductions from ICI Boiler Control Strategy’’). 

5See Attachment D (‘‘Revision to Connecticut’s 

State Implementation Plan, 8-Hour Ozone 

Attainment Demonstration Technical Support’’), 

Table 4.4.2, at 4–32. 

6For the New York portion of the New York City 

nonattainment area, the projected 2012 NOX

emissions are 544.9 TPSD. New Jersey did not 

project 2012 emissions, but projected total NOX

emissions for 2009 of 326.5 TPSD. Using the 

simplifying assumption that New Jersey’s 2012 

emissions would be at most equal to its 2009 

emissions despite continued application of 

emissions controls, the projected total NOX

emissions for the New York City area can therefore 

be estimated as 982 TPSD (110.6 from Connecticut, 

544.9 from New York, and 326.5 from New Jersey). 

7Note this situation only applies to the New York 

City area. Preliminary ozone data for 2012 for the 

Greater Connecticut area indicates continued 

attainment of the 1997 8-hour ozone standard. 

and institutional (ICI) boilers that has 

not been adopted. However, on April 2, 

2013, the Connecticut Department of 

Energy and Environmental Protection 

(CT DEEP) submitted a letter 

withdrawing this anticipated measure 

from its ozone attainment 

demonstrations submittal. CT DEEP 

noted in its withdrawal letter, that EPA 

has issued final determinations that 

both the Greater Connecticut and New 

York City areas have attained the 1997 

8-hour ozone standard. Therefore, CT 

DEEP indicated that it now believes that 

the ICI boilers measure is not necessary 

for purposes of attainment of the 1997 

8-hour ozone standard. We concur that 

the ICI boilers measure is not necessary 

for Connecticut’s attainment 

demonstrations, for the following 

reasons. According to Connecticut’s 

2008 submission, in 2012, the ICI boiler 

regulation was projected to reduce NOX

emissions by 1.7 tons summer per day 

(TPSD) in the Connecticut portion of the 

New York City nonattainment area.4

The total NOX emissions projected for 

2012 for the Connecticut portion of the 

New York City nonattainment area are 

110.6 TPSD.5 Moreover, the total 

projected NOX emissions for 2012 for 

the entire three-state New York City 

nonattainment area exceeded 900 

TPSD.6 Comparing the projected 

reductions from the ICI boiler rule to the 

projected total NOX emissions across all 

sectors, the potential NOX reductions 

from Connecticut ICI boilers were only 

projected to equal 1.54% of the total 

Connecticut NOX emissions for the area 

in 2012, and less than 0.2% of the total 

NOX emissions for the entire 

nonattainment area. Since the ICI boiler 

rule would have resulted in a very small 

percent reduction in NOX emissions, as 

compared to the total, the fact that 

Connecticut did not enact the rule does 

not call into question the adequacy of its 

SIP as a whole. 

EPA’s approval of these SIP revisions, 

in combination with this proposed 

approval of the attainment 

demonstrations and RACM analyses for 

the 1997 8-hour ozone standard, will 

serve to completely address 

Connecticut’s requirements under the 

1997 8-hour ozone standard for the 

Connecticut portion of the New York 

City area and for the Greater 

Connecticut area. 

B. Components of the Modeled 

Attainment Demonstrations 

Section 110(a)(2)(k) of the Act 

requires states to prepare air quality 

modeling to demonstrate how they will 

meet ambient air quality standards. The 

SIP must demonstrate that the 

‘‘measures, rules, and regulations 

contained in it are adequate to provide 

for the timely attainment and 

maintenance of the national standard.’’ 

40 CFR 51.112(a). EPA determined that 

states must use photochemical grid 

modeling, or any other analytical 

method determined by the 

Administrator to be at least as effective, 

to demonstrate attainment of the ozone 

health-based standard in areas classified 

as ‘‘moderate’’ or above, and to do so by 

the required attainment date. See 40 

CFR 51.908(c). EPA requires an 

attainment demonstration, showing that 

attainment will occur by the attainment 

deadline, which for the New York City 

and Greater Connecticut areas was the 

end of the 2009 ozone season, using air 

quality modeling that meets EPA’s 

guidelines. The model analysis can be 

supplemented by a ‘‘weight of 

evidence’’ analysis in which the State 

can use a variety of information to 

enhance the conclusions reached by the 

photochemical model analysis. In the 

case of the Connecticut areas, the weight 

of evidence also included additional 

emission reductions not included in the 

model inventory, such as the high 

electric demand day reductions, and 

energy efficiency reductions. EPA has 

determined that the photochemical grid 

modeling conducted by the state is 

consistent with EPA’s guidelines and 

the model performed acceptably. See 40 

CFR 51.908(c). 

C. Air Quality Data 

With respect to the Greater 

Connecticut area, EPA has evaluated the 

ambient air quality monitoring data and 

has determined that this area attained 

the 8-hour ozone standard by the 

required attainment date. On August 31, 

2010 (75 FR 53219), EPA made a 

determination that the Greater 

Connecticut area had attained the 1997 

8-hour ozone NAAQS. This 

determination was based upon 

complete, quality assured and certified 

ambient air monitoring data that 

showed the Greater Connecticut area 

had monitored attainment of the 1997 8- 

hour ozone NAAQS for the 2007–2009 

monitoring period. Ambient air 

monitoring data for the 2008–2010 and 

2009–2011 monitoring periods is also 

consistent with continued attainment. 

In addition, in this same rulemaking, 

pursuant to section 181(b)(2)(A) of the 

CAA, EPA made a determination of 

attainment that the Greater Connecticut 

area had attained the 1997 8-hour ozone 

NAAQS by its attainment date of June 

15, 2010. 

With respect to the New York City 

area, EPA has evaluated the ambient air 

quality monitoring data and has 

determined that this area attained the 8- 

hour ozone standard by the required 

attainment date. On June 18, 2012 (77 

FR 36163), EPA made a determination 

that the New York City area had 

attained the 1997 8-hour ozone NAAQS. 

This determination was based upon 

complete, quality assured and certified 

ambient air monitoring data that 

showed the New York City area had 

monitored attainment of the 1997 8- 

hour ozone NAAQS for the 2007–2009 

and 2008–2010 monitoring periods. 

Ambient air monitoring data for the 

2009–2011 monitoring period is also 

consistent with continued attainment. 

In addition, in this same rulemaking, 

pursuant to section 181(b)(2)(A) of the 

CAA, EPA made a determination of 

attainment that the New York City area 

had attained the 1997 8-hour ozone 

NAAQS by its attainment date of June 

15, 2010. Copies of the August 21, 2010 

and June 18, 2012 rulemakings are 

included in the Docket (EPA–R01– 

OAR–2008–0117) and available at 

www.regulations.gov. The reader is 

referred to these rulemakings for 

additional information regarding all of 

the complete, quality-assured and 

certified ozone monitoring data which 

served as the basis for these 

determinations. 

EPA is aware that preliminary 

ambient air quality monitoring data for 

2012 may indicate that the New York 

City area 7 has ozone air quality above 

the 1997 8-hour ozone NAAQS. 

However, 2012 monitoring data are not 

relevant to this particular action. This 

document proposes to approve 

Connecticut’s demonstration of how it 

planned to attain the 1997 8-hour ozone 


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8As noted above, all necessary measures have 

been approved with the exception of RCSA sections 

22a–174–40 and 22a–174–44. EPA will take final 

action on these two regulations prior to finalizing 

today’s proposal. 

standard by the June 15, 2010 

attainment date. As explained above, 

Connecticut’s control strategy meets 

applicable EPA requirements, 

Connecticut’s photochemical grid 

modeling demonstrated that it would 

attain the standard by the attainment 

date, and, based on monitored ozone 

data the New York City area attained the 

standard by the attainment date. 

With respect to post-attainment date 

air quality data, EPA has a continuing 

obligation to review the air quality data 

each year, to determine whether areas 

are meeting the NAAQS, and EPA will 

continue to conduct such review in the 

future after the data are complete, 

quality-assured, certified and submitted 

to EPA. 

D. EPA’s Evaluation 

In summary, the photochemical grid 

modeling used by Connecticut in its 

February 1, 2008 SIP submittal meets 

EPA’s guidelines and is acceptable to 

EPA. Air quality data through 2011 

supports the conclusion that the New 

York City and Greater Connecticut areas 

did demonstrate attainment of the 8- 

hour ozone standard by their attainment 

date. The purpose of the attainment 

demonstration is to demonstrate how, 

through enforceable and approvable 

emission reductions, an area will meet 

the standard by the attainment date. All 

necessary ozone control measures have 

already been adopted, submitted, 

approved 8 and implemented. Based on 

(1) The state following EPA’s modeling 

guidance, (2) the air quality data 

through 2011, (3) the areas attaining the 

standard by the attainment date, and (4) 

the implemented SIP-approved control 

measures, EPA is proposing to approve 

the Connecticut ozone attainment 

demonstrations, including the RACM 

analyses for the Greater Connecticut 

area and for the Connecticut portion of 

the New York City area. For similar 

information about the New Jersey and 

New York portions of the New York City 

area, the reader is referred to EPA’s 

approval of the New Jersey and New 

York ozone attainment demonstrations 

published on February 11, 2013 (78 FR 

9596). 

EPA is soliciting public comments on 

the issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to the EPA New England 

Regional Office listed in the ADDRESSES

section of this Federal Register. 

V. Proposed Actions 

EPA is proposing to approve the 

Connecticut ozone attainment 

demonstrations, including the RACM 

analyses, for both the Connecticut 

portion of the New York City moderate 

ozone nonattainment area and for the 

Greater Connecticut moderate ozone 

nonattainment area. EPA has evaluated 

Connecticut’s submittal for consistency 

with the Act, EPA regulations, and EPA 

policy, and has considered all other 

information it deems relevant to 

attainment of the 1997 8-hour ozone 

standard, i.e., clean data determinations, 

determinations that the areas attained 

the standard by the applicable 

attainment date, statewide RACT, 

reasonable further progress plan 

approvals (including all applicable 

control strategy regulations), continued 

attainment of the 1997 8-hour ozone 

standard based on quality assured and 

certified monitoring data through 2011, 

and the implementation of the more 

stringent 2008 8-hour ozone standard. 

VI. 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, 

these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 CAA; and 

• Do 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 the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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. 

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

Dated: April 29, 2013. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2013–10929 Filed 5–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0746; FRL–9810–9] 

Approval and Promulgation of 

Implementation Plans; Utah; Revisions 

to Utah Rule R307–107; General 

Requirements; Breakdowns 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

changes to Utah’s rule R307–107, which 

pertains to source emissions during 

breakdowns. On April 18, 2011, EPA 

finalized a rulemaking which found that 

the Utah State Implementation Plan 


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