[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39890-39892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17245]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0178; FRL-9981-40--Region 1]


Air Plan Approval; Connecticut; 1997 8-Hour Ozone Attainment 
Demonstration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
ozone attainment demonstration portion of a State Implementation Plan 
(SIP) revision submitted by the State of Connecticut to meet the Clean 
Air Act (CAA) requirements for attaining the 1997 8-hour ozone national 
ambient air quality standard (NAAQS). The EPA is approving 
Connecticut's demonstration of attainment of the 1997 8-hour ozone 
NAAQS for the New York-Northern New Jersey-Long Island, NY-NJ-CT 
moderate 1997 8-hour ozone nonattainment area (hereafter, the NY-NJ-CT 
area or the NY-NJ-CT nonattainment area). In addition, the EPA is 
approving Connecticut's reasonably available control measures (RACM) 
analysis. This action is being taken under the Clean Air Act.

DATES: This rule is effective on September 12, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2018-0178. All documents in the docket 
are listed on the https://www.regulations.gov website. Although listed 
in the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1 Regional Office, Office of Ecosystem Protection, Air Quality 
Planning Unit, 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.

FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics, and 
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA Region 
1 Regional Office, 5 Post Office Square--Suite 100 (Mail Code OEP05-2), 
Boston, MA 02109-3912, phone number: (617) 918-1624, fax number: (617) 
918-0624, email: <a href="/cdn-cgi/l/email-protection#7f08100d0b121e11511a0d161c3f1a0f1e51181009"><span class="__cf_email__" data-cfemail="1f68706d6b727e71317a6d767c5f7a6f7e31787069">[email protected]</span></a>.

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

Table of Contents

I. Background and Purpose
II. Summary of Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On May 25, 2018 (83 FR 24259), the EPA published a Notice of 
Proposed Rulemaking (NPRM) for the State of Connecticut. In the May 25, 
2018 proposed rulemaking action, the EPA

[[Page 39891]]

proposed to approve the portion of a Connecticut SIP revision submitted 
on August 8, 2017 which demonstrates attainment of the 1997 ozone 
NAAQS. The EPA also proposed to approve the associated RACM analysis 
for the same area. Connecticut previously submitted an initial 
attainment demonstration for the 1997 ozone NAAQS for the Connecticut 
portion of the NY-NJ-CT area on February 1, 2008.
    This action addresses Connecticut's demonstrations of attainment of 
the 1997 8-hour ozone standard and associated RACM analysis for the 
Connecticut portion of the NY-NJ-CT area, submitted by Connecticut on 
February 1, 2008 and August 8, 2017. The EPA is taking separate action 
on the 2011 base year emission inventories, RFP plans, motor vehicle 
emission budgets, and contingency measures submitted as part of the 
August 8, 2017 SIP revisions in a forthcoming Federal Register 
document.

II. Summary of Action

    As discussed in the Federal Register at 83 FR 24259, May 25, 2018, 
proposed rulemaking, the EPA reviewed the photochemical grid modeling 
used by Connecticut in its August 8, 2017 SIP submittal to demonstrate 
attainment of the 1997 ozone NAAQS and determined the modeling meets 
the EPA's guidelines and is acceptable to the EPA. Air quality 
monitoring data for 2014-2016 also demonstrates attainment of the 1997 
8-hour ozone standard throughout the NY-NJ-CT area. 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. The purpose of the RACM analysis is to show that the 
State has considered all reasonable available control measures to 
achieve attainment of the 1997 8-hour ozone standard. All necessary 
ozone control measures have already been adopted, submitted, approved 
and implemented. Also discussed in further detail in the Federal 
Register at 83 FR 24259, May 25, 2018, proposed rulemaking and based on 
(1) the State following the EPA's modeling guidance, (2) the modeled 
attainment of 1997 standard, (3) the air quality monitoring data for 
2014-2016, and (4) the implemented SIP-approved control measures, the 
EPA is approving the attainment demonstration and RACM analysis for the 
1997 ozone NAAQS for the Connecticut portion of the NY-NJ-CT area. The 
EPA is not taking action on the attainment demonstration and RACM 
analysis for the 2008 ozone NAAQS at this time.
    Other specific requirements of an attainment demonstration and the 
rationale for the EPA's proposed action are explained in the NPRM and 
will not be restated here. The EPA received two comments during the 
comment period. Although one comment was partially supportive of the 
EPA's proposed action, the comments otherwise discuss subjects outside 
the scope of an attainment demonstration action, do not explain (or 
provide a legal basis for) how the proposed action should differ in any 
way, and make no specific mention of the proposed action. As such, they 
are not germane and do not require further response to finalize the 
action as proposed.

III. Final Action

    The EPA is approving the attainment demonstration and RACM analysis 
for the Connecticut portion of the NY-NJ-CT area for the 1997 ozone 
NAAQS. This rulemaking addresses the EPA's obligations to act on 
Connecticut's February 1, 2008 SIP revision for the 1997 ozone NAAQS, 
as well as the attainment demonstration and RACM analysis portion of 
the August 8, 2017 SIP submittal for the 1997 ozone NAAQS for the 
Connecticut portion of the NY-NJ-CT area.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. See 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:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <bullet> This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
    <bullet> 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 October 12, 2018. Filing a 
petition for reconsideration by

[[Page 39892]]

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, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 6, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.

    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 52.377 is amended by adding paragraph(s) to read as follows:


Sec.  52.377  Control strategy: Ozone.

* * * * *
    (s) 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 
New York-Northern New Jersey-Long Island (NY-NJ-CT) ozone nonattainment 
area, submitted by the Connecticut Department of Energy and 
Environmental Protection. This rulemaking addresses the EPA's 
obligations to act on Connecticut's February 1, 2008 SIP revision for 
the 1997 ozone NAAQS, as well as the attainment demonstration and RACM 
analysis portion of the August 8, 2017 SIP submittal for the 1997 ozone 
NAAQS for the Connecticut portion of the NY-NJ-CT area.

[FR Doc. 2018-17245 Filed 8-10-18; 8:45 am]
BILLING CODE 6560-50-P


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