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[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36242-36246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15463]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0881; A-1-FRL-9925-88-Region 1]

Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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. The revision updates state regulations containing ambient 
air quality standards (AAQS) to be consistent with EPA's national 
ambient air quality standards (NAAQS). The intended effect of this 
action is to approve these regulations into the Connecticut SIP. This 
action is being taken in accordance with the Clean Air Act (CAA).

DATES: This direct final rule will be effective August 24, 2015, unless 
EPA receives adverse comments by July 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-2014-0881, 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-2014-0881,'' 
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, (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, (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 Number EPA-R01-OAR-
2014-0881. 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 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

[[Page 36243]]

materials are available either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, 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, copies of the state's submittal are available for 
public inspection during normal business hours, by appointment at the 
state environmental 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: David Mackintosh, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, New England Regional 
Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, 
MA 02109-3912, telephone 617-918-1584, facsimile 617-918-0584, email 
mackintosh.david@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    The following outline is provided to aid in locating information in 
this preamble.

I. What action is EPA taking?
II. What is the background for this action?
III. What is included in the submittal?
IV. EPA's Evaluation of the submittal
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving a SIP revision submitted by the State of 
Connecticut on April 22, 2014 concerning updates to Connecticut's AAQS. 
The Connecticut AAQS, set out in Regulations of Connecticut State 
Agencies (RCSA) section 22a-174-24, were amended to be consistent with 
the NAAQS set out in the Code of Federal Regulations (CFR) at 40 CFR 
part 50. Connecticut also revised the definitions of ``ambient air 
quality standard'' and ``PM 10'' in RCSA subsections 22a-174-1(10) and 
22a-174-1(88), respectively, and revised references to RCSA section 
22a-174-24 in RCSA subsections 22a-174-3a(k)(5) and 22a-174-28(a)(5).

II. What is the background for this action?

    Section 109 of the CAA directs EPA to establish NAAQS requisite to 
protect public health with an adequate margin of safety (primary 
standard) and for the protection of public welfare (secondary 
standard). Section 109(d)(1) of the CAA requires EPA to complete a 
thorough review of the NAAQS at 5-year intervals and promulgate new 
standards when appropriate. Additionally, Section 107 of the CAA 
requires the establishment of air quality control regions for the 
purpose of implementing the NAAQS.
    On October 17, 2006 (71 FR 61144), EPA revised the primary and 
secondary 24-hour NAAQS for fine particulate matter (PM2.5) 
to 35 micrograms per cubic meter and retained the primary and secondary 
24-hour NAAQS for coarse particulate matter (PM10) of 150 
micrograms per cubic meter. This final rule became effective on 
December 18, 2006.
    On March 27, 2008 (73 FR 16436), EPA revised the NAAQS for ozone, 
setting the level of the primary and secondary 8-hour standard to 0.075 
parts per million. This final ozone standard rule became effective on 
May 27, 2008.
    On November 12, 2008 (73 FR 66964), EPA revised the NAAQS for lead, 
setting the level of the primary and secondary standard to 0.15 
micrograms per cubic meter and revised the averaging time to a rolling 
3-month period with a maximum (not-to-be-exceeded) form, evaluated over 
a 3-year period. The final lead standard rule became effective on 
January 12, 2009.
    On February 9, 2010 (75 FR 6474), EPA revised the NAAQS for oxides 
of nitrogen as measured by nitrogen dioxide (NO2). EPA 
established a 1-hour primary standard for NO2 at a level of 
100 parts per billion, based on the 3-year average of the 98th 
percentile of the yearly distribution of 1-hour daily maximum 
concentrations, to supplement the existing primary and secondary annual 
standard of 53 parts per billion (61 FR 52852, Oct 8, 1996). The final 
NO2 rule became effective on April 12, 2010.
    On June 22, 2010 (75 FR 35520), EPA revised the NAAQS for oxides of 
sulfur as measured by sulfur dioxide (SO2). EPA established 
a new 1-hour SO2 primary standard at a level of 75 parts per 
billion, based on the 3-year average of the annual 99th percentile of 
1-hour daily maximum concentrations. EPA also revoked both the previous 
24-hour and annual primary SO2 standards. This final rule 
became effective on August 23, 2010.
    On January 15, 2013 (78 FR 3086), EPA revised the primary 
PM2.5 annual NAAQS, lowering the standard to 12.0 micrograms 
per cubic meter. The final rule became effective on March 18, 2013.
    On April 22, 2014, Connecticut submitted a SIP revision to update 
its ambient air quality standards set out in RCSA section 22a-174-24, 
definitions in RCSA subsections 22a-174-1(10) and 22a-174-1(88), and 
references in RCSA subsections 22a-174-3a(k)(5) and 22a-174-28(a)(5).
    On December 14, 2014, Connecticut withdrew RCSA subsection 22a-174-
24(m), ambient air quality standard for dioxin, from its April 22, 2014 
SIP submittal.

III. What is included in the submittal?

    Connecticut's April 22, 2014 SIP submittal includes revised RCSA 
section 22a-174-24, ``Connecticut primary and secondary ambient air 
quality standards.'' This regulation has been revised to explicitly 
incorporate the new NAAQS discussed above. Specifically, Connecticut 
adopted the following substantive changes:
    1. The sulfur dioxide primary 1-hour standard of 75 parts per 
billion; and
    2. The PM10 primary and secondary annual standard of 150 
micrograms per cubic meter;
    3. The PM2.5 primary annual standard of 12.0 micrograms 
per cubic meter;
    4. The PM2.5 secondary annual standard of 15.0 
micrograms per cubic meter;
    5. The PM2.5 primary and secondary 24-hour standards of 
35.0 micrograms per cubic meter;
    6. The ozone primary and secondary 8-hour standards of 0.075 parts 
per million;
    7. The nitrogen dioxide primary 1-hour standard of 100 parts per 
billion; and
    8. The lead primary and secondary rolling 3-month average standards 
of 0.15 micrograms per cubic meter.
    Connecticut's April 22, 2014 SIP revision also includes 
Connecticut's revised definitions of the terms ``ambient air quality 
standard'' and ``PM 10'' in RCSA section 22a-174-1, ``Definitions.'' 
These definitions have been revised to reference 40 CFR part 50 and 40 
CFR part 50, appendix J, respectively. In addition, Connecticut's SIP 
submittal includes minor edits to subsection (k)(5) of RCSA section 
22a-174-3a, ``Permit to Construct and Operate Stationary Sources.'' 
Subsection (k)(5) has been updated to reference the defined term 
``AAQS.'' Finally, in Connecticut's SIP submittal, the definition of 
``control period'' in

[[Page 36244]]

subsection (a)(5) of RCSA section 22a-174-28, ``Oxygenated gasoline,'' 
has been updated to reference 40 CFR part 50.

IV. EPA's Evaluation of the Submittal

    Connecticut's air quality standards rule, RCSA section 22a-174-24, 
as well as amendments to this rule, have been previously approved into 
the Connecticut SIP, with the most recent approval occurring on 
December 13, 1985 (50 FR 50906). The other rules for which amendments 
were included in Connecticut's April 24, 2014 SIP revision have also 
been previously approved into the Connecticut SIP, with the most recent 
approvals occurring on May 10, 2011 (76 FR 26933) for RCSA sections 
22a-174-1 and 22a-174-3a, and on September 28, 1999 (64 FR 67188) for 
RCSA section 22a-174-28. EPA has reviewed Connecticut's revisions to 
its ambient air quality standards, definitions, and references and has 
determined they are consistent with the federal NAAQS in 40 CFR part 
50. Connecticut's revised RCSA section 22a-174-24 includes additional 
and more stringent air quality standards than the previous SIP-approved 
version of the rule. Thus, the revised RCSA section 22a-174-24 
satisfies the anti-back sliding requirements in Section 110(l) of the 
CAA and we are approving Connecticut's revised rule into the 
Connecticut SIP.

V. Final Action

    EPA is approving, and incorporating into the Connecticut SIP, the 
following regulations submitted by Connecticut on April 22, 2014: In 
RCSA section 22a-174-1, entitled ``Definitions,'' the amendment of 
subdivisions (10) and (88); in RCSA section 22a-174-3a, entitled 
``Permit to Construct and Operate Stationary Sources,'' the amendment 
of subdivision (k)(5); RCSA section 22a-174-24, entitled ``Connecticut 
primary and secondary ambient air quality standards,'' with the 
exception of subsection (m), ``Connecticut primary ambient air quality 
standard for dioxin,'' which Connecticut withdrew from its SIP 
submittal; and in RCSA section 22a-174-28, entitled, ``Oxygenated 
Gasoline,'' the amendment of subdivision (a)(5).
    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 this SIP revision should 
relevant adverse comments be filed. This rule will be effective August 
24, 2015 without further notice unless the Agency receives relevant 
adverse comments by July 24, 2015.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the 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 August 24, 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.

VI. 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 
Regulations of Connecticut State Agencies 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).

VII. 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 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, 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

[[Page 36245]]

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 August 24, 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, Carbon monoxide, 
Incorporation by reference, Lead, National ambient air quality 
standards, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: March 26, 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--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 52.370 is amended by adding paragraph (c)(106) to read as 
follows:

Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (106) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on April 
22, 2014.
    (i) Incorporation by reference.
    (A) Regulations of Connecticut State Agencies Section 22a-174-1(10) 
and (88), as published in the Connecticut Law Journal on July 1, 2014, 
effective April 15, 2014.
    (B) Regulations of Connecticut State Agencies Section 22a-174-
3a(k)(5), as published in the Connecticut Law Journal on July 1, 2014, 
effective April 15, 2014.
    (C) Regulations of Connecticut State Agencies Section 22a-174-24, 
``Connecticut primary and secondary ambient air quality standards,'' 
with the exceptions of subsections (a), (c), (g), (j), and (m), as 
published in the Connecticut Law Journal on July 1, 2014, effective 
April 15, 2014.
    (D) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-28 (a)(5), as published in the Connecticut Law Journal on July 1, 
2014, effective April 15, 2014.
    3. In Sec.  52.385, Table 52.385 is amended by adding new entries 
for existing state citations ``22a-174-1'', ``22a-174-3a'', ``22a-174-
24'', and ``22a-174-28'' to read as follows:

Sec.  52.385--EPA-approved  Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
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                                                                        Dates
                                                          --------------------------------   Federal Register
    Connecticut State  citation         Title/Subject       Date adopted    Date approved        citation          Section 52.370   Comments/Description
                                                              by State         by EPA
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                                                                      * * * * * * *
22a-174-1.........................  Definitions..........        04/07/14        06/24/15  [Insert Federal       (c)(106).........  Amendment of
                                                                                            Register citation].                      subdivisions (10)
                                                                                                                                     ambient air quality
                                                                                                                                     standard and (88)
                                                                                                                                     PM 10.
 
                                                                      * * * * * * *
22a-174-3a........................  Permit to Construct          04/07/14        06/24/15  [Insert Federal       (c)(106).........  Amendment of
                                     and Operate                                            Register citation].                      subsection (k)(5)
                                     Stationary Sources.                                                                             Ambient Monitoring.
 
                                                                      * * * * * * *
22a-174-24........................  Connecticut primary          04/07/14        06/24/15  [Insert Federal       (c)(106).........  All of 22a-174-24 is
                                     and secondary                                          Register citation].                      approved, with the
                                     ambient air quality                                                                             exception of
                                     standards.                                                                                      subsection (m)
                                                                                                                                     Dioxin, which
                                                                                                                                     Connecticut
                                                                                                                                     withdrew from its
                                                                                                                                     SIP submittal.
 
                                                                      * * * * * * *
22a-174-28........................  SIP revision                 04/07/14        06/24/15  [Insert Federal       (c)(106).........  Amendment of
                                     concerning                                             Register citation].                      subdivision (a)(5)
                                     Oxygenated Gasoline.                                                                            Control period.
 
                                                                      * * * * * * *
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[FR Doc. 2015-15463 Filed 6-23-15; 8:45 am]
BILLING CODE 6560-50-P
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