[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Proposed Rules]
[Pages 79186-79189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22115]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2024-0193; FRL-12285-01-R1]


Air Plan Approval; Connecticut; State Implementation Plan 
Revisions Required by the 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of Connecticut for the 2015 ozone National Ambient Air Quality 
Standard (NAAQS). These revisions (1) certify the adequacy of the SIP 
to satisfy the nonattainment new source review (NNSR) permitting 
requirements of the Clean Air Act (CAA) for the reclassification of the 
Greater Connecticut area to moderate nonattainment for the 2015 ozone 
NAAQS, and (2) certify the emission statement program satisfies the 
requirements of CAA section 182(a)(3)(B) for the initial nonattainment 
designations and the reclassification to moderate nonattainment for the 
2015 ozone NAAQS. This action is being taken in accordance with the 
CAA.

DATES: Written comments must be received on or before October 28, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2024-0193 at https://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#caa9b8afa3a6b9a5a4e4a0a5a2a48aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="8deeffe8e4e1fee2e3a3e7e2e5e3cde8fdeca3eae2fb">[email protected]</span></a>. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, Air and Radiation Division, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that, if 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 a.m. to 4:30 p.m., excluding legal holidays and 
facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, Suite 100 (Mail code 5-MI), Boston, MA 02109-
3912, telephone number (617) 918-1046, email: <a href="/cdn-cgi/l/email-protection#7c111f1f131212191010520e131e190e083c190c1d521b130a"><span class="__cf_email__" data-cfemail="28454b4b4746464d4444065a474a4d5a5c684d5849064f475e">[email protected]</span></a>.

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

Table of Contents

I. Background
    a. NNSR Certification
    b. Emission Statement Certification
II. Summary and Evaluation of Connecticut's SIP Revisions
    a. NNSR Certification
    b. Emission Statement Certification
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    On May 22, 2023, the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) submitted three revisions to its 
State Implementation Plan (SIP). We are proposing action on two of 
these revisions in this notice as described below.

a. NNSR Certification

    The first SIP revision certifies the adequacy of the SIP to satisfy 
the NNSR permitting requirements of the CAA for the reclassification of 
the Greater Connecticut area to moderate nonattainment for the 2015 
ozone NAAQS.
    Effective November 7, 2022, the EPA reclassified the Greater 
Connecticut nonattainment area to moderate nonattainment for the 2015 
ozone NAAQS (see 87 FR 60897). Although CT DEEP had previously 
submitted and EPA had approved a NNSR certification for the 2015 ozone 
NAAQS initial classification of marginal nonattainment for the Greater 
Connecticut nonattainment area (see 87 FR 38284, July 28, 2022), EPA's 
reclassification requires that the state recertify the adequacy of its 
NNSR program under the moderate nonattainment area requirements. With 
one exception, explained in more detail below, EPA retained the NNSR 
requirements for its implementation of the 2015 ozone NAAQS.
    The minimum SIP requirements for NNSR permitting programs for the 
2015 ozone NAAQS are codified in 40 CFR 51.165. These NNSR program 
requirements include those promulgated in the ``Phase 2 Rule'' 
implementing the 1997 8-hour ozone NAAQS (See 70 FR 71612, November 29, 
2005) and the 2008 ozone implementation rule. Additionally, although 
the 2015 ozone implementation rule included a provision to explicitly 
allow for inter-pollutant trading for meeting the emissions offset 
requirement for ozone, this provision was subsequently vacated by 
Sierra Club v. Environmental Protection Agency, 21 F.4th 815 (D.C. Cir. 
2021). Under the Phase 2 Rule, the SIP for each ozone nonattainment 
area must contain NNSR provisions that: set major source thresholds for 
nitrogen oxides (NO<INF>X</INF>) and volatile organic compounds (VOCs) 
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i) through (iv) and 
(a)(1)(iv)(A)(2); classify physical changes at a major source if the 
change would constitute a major source by itself pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase 
of

[[Page 79187]]

NO<INF>X</INF> as a significant net emissions increase for ozone 
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider increases of VOC 
emissions in extreme ozone nonattainment areas as significant net 
emissions increases and major modifications for ozone pursuant to 40 
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOCs and 
NO<INF>X</INF> as ozone precursors pursuant to 40 CFR 
51.165(a)(1)(x)(A) through (C) and (E); contain provisions for 
emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) 
and (2); provide that the requirements applicable to VOCs also apply to 
NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(8); and set offset ratios 
for VOCs and NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(9)(i) through 
(iii) (renumbered as (a)(9)(ii) through (iv) under the 2008 ozone 
implementation rule). Additionally, pursuant to the 2008 ozone 
implementation rule, areas designated as nonattainment for that 
standard that also remain nonattainment for the 1997 ozone standard 
must satisfy the anti-backsliding requirements of 40 CFR 51.1105.

b. Emission Statement Certification

    The second SIP revision certifies that Connecticut's emission 
statement program satisfies the requirements of CAA section 
182(a)(3)(B) for the initial nonattainment designations and the 
reclassification to moderate nonattainment for the 2015 ozone NAAQS.
    CAA Section 182(a)(3)(B) applies to stationary sources that emit 
NO<INF>X</INF> or VOCs in an ozone nonattainment area. The owner of 
each stationary source that emits NO<INF>X</INF> or VOCs must provide a 
statement each year of its NO<INF>X</INF> and VOC emissions, and the 
statement must be certified as to accuracy. For stationary sources in 
categories for which the state provides an emissions inventory to the 
EPA, the state may waive the emission statement requirement for sources 
with actual emissions of NO<INF>X</INF> or VOCs below 25 tons per year.
    The entire State of Connecticut was designated as nonattainment for 
ozone for the 1-hour, 1979 ozone NAAQS and each subsequent ozone NAAQS, 
including the 2015 ozone NAAQS. Beginning with its initial emission 
statement program SIP filing on January 12, 1993 (approved on January 
10, 1995; 60 FR 2524), Connecticut administered its emission statement 
program under the record keeping and reporting requirements of section 
22a-174-4 of the Regulations of Connecticut State Agencies (RCSA). RCSA 
section 22a-174-4 was repealed effective October 28, 2022, and replaced 
with RCSA section 22a-174-4a. RCSA section 22a-174-4a retains the 
elements necessary to administer the emission statement program in RCSA 
section 22a-174-4a(b)(1). On November 17, 2022, Connecticut submitted 
RCSA section 22a-174-4a (Source monitoring, record keeping and 
reporting) to EPA as a SIP revision to replace RCSA section 22a-174-4. 
This revision was approved into the SIP by final rule published July 8, 
2024 (89 FR 55888), and associated correction notice published July 23, 
2024 (89 FR 59620).

II. Summary and Evaluation of Connecticut's SIP Revisions

a. NNSR Certification

    Connecticut's longstanding SIP-approved NNSR program, established 
in RCSA sections 22a-174-1 (definitions) and 22a-174-3a (applicability 
and substantive requirements), applies to the construction and 
modification of stationary sources, including major stationary sources 
in nonattainment areas. In Connecticut's May 22, 2023, SIP revision, 
the State certifies that the version of RCSA Sections 22a-174-1 and 
22a-174-3a in the current SIP meet the federal NNSR requirements for 
the Greater Connecticut ozone nonattainment area. EPA has, however, 
revised the Connecticut SIP twice since Connecticut's May 2023 
certification: on October 5, 2023 (see 88 FR 60591) and November 15, 
2023 (see 89 FR 9771). The October 5, 2023, revisions address, among 
other things, finalizing the incorporation by reference of the 
provisions regulating NSR permitting, updating the CT DEEP's NSR 
procedural requirements, and adding to substantive review criteria for 
CT DEEP's minor NSR permitting process. The November 15, 2023, SIP 
revision approved Connecticut's revised definition of ``severe non-
attainment area for ozone,'' contained in RCSA 22a-174-1 as amended by 
the State of Connecticut on November 13, 2023, expanding the more 
stringent severe nonattainment area to include all of Middlesex and New 
Haven counties. These changes do not impact the certification criteria 
in 40 CFR 51.165 as it relates to the NNSR program in the Greater 
Connecticut nonattainment area and thus we find it appropriate to 
propose approval of the certification despite the subsequent rulemaking 
changes. In Connecticut's certification, the State provides a side-by-
side comparison demonstrating the State's rules are at least as 
stringent as EPA's nonattainment new source review permitting program 
requirements.
    Connecticut's SIP-approved NNSR regulation contains the NNSR 
requirements applicable to serious and severe nonattainment areas. The 
term ``Serious nonattainment area for ozone'' is defined to include 
``all towns within the State of Connecticut, except those towns located 
in the severe non-attainment area for ozone.'' This is the portion of 
the State that was historically part of the serious Greater Connecticut 
nonattainment area designated for the one-hour ozone NAAQS, however it 
no longer includes all of Middlesex and New Haven counties, as those 
areas are now part of the severe nonattainment area. The SIP's 
definition of ``Major stationary source'' then uses these terms to 
define the NO<INF>X</INF> and VOC emission thresholds when determining 
if a source is major for ozone. The SIP's major stationary source 
threshold for NO<INF>X</INF> and VOCs in a ``Severe nonattainment area 
for ozone'' is 25 tons per year. The SIP's major stationary source 
threshold for NO<INF>X</INF> and VOCs in a ``Serious nonattainment area 
for ozone'' is 50 tons per year. These thresholds for NO<INF>X</INF> 
and VOCs are consistent with EPA regulations and with CAA major source 
thresholds for ozone nonattainment areas.
    Connecticut's NNSR SIP also properly addresses the thresholds for 
NO<INF>X</INF> and VOCs, as precursors to ozone, within the definition 
of ``Major modification'' for an existing major source by establishing 
the threshold for either of these ozone precursors at 25 tons per year 
in severe nonattainment areas and 50 tons per year in serious 
nonattainment areas. These thresholds for a major modification are 
consistent with EPA regulations. Lastly, since Connecticut's NNSR SIP 
retains its previously approved major source thresholds, the State's 
SIP meets the anti-backsliding requirements.

b. Emission Statement Certification

    As described above, Connecticut currently implements its emissions 
statement program under RCSA section 22a-174-4a. This regulation 
contains the elements necessary to administer the emission statement 
program in RCSA section 22a-174-4a(b)(1). On November 17, 2022, 
Connecticut submitted RCSA section 22a-174-4a (Source monitoring, 
record keeping and reporting) to EPA as a SIP revision to replace RCSA 
section 22a-174-4. This revision was approved into the SIP by final 
rule published July 8, 2024 (89 FR 55888), and associated correction 
notice published July 23, 2024 (89 FR 59620).
    Connecticut's emission statement program supports development of 
the state's emissions inventory of ozone precursors, and requires, 
consistent

[[Page 79188]]

with the Air Emissions Reporting Rule \1\ (AERR), submittal of annual 
emissions statements from sources with actual emissions of VOC or 
NO<INF>X</INF> greater than 25 tons per year. Such statements are also 
required from the owners of all combustion turbines under the 
authority, historically, of RCSA section 22a-174-4(d), and future 
statements will be required under the authority of RCSA section 22a-
174-4a(b)(1). In addition, emission statements, certified as to 
accuracy, of actual NO<INF>X</INF> and VOC emissions are required 
annually from owners and operators of facilities operating under RCSA 
section 22a-174-33a or section 22a-174-33b.
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    \1\ The AERR is found at 40 CFR part 51, subpart A.
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    In addition, other sources that may have actual emissions of 
NO<INF>X</INF> or VOCs in amounts of at least 25 tons per year are 
identified through information submitted under CT DEEP's minor NSR 
permit program authorized by RCSA section 22a-174-3a. Minor NSR permits 
are required for any source with potential emissions greater than 15 
tons per year. Each permit requires monitoring, record keeping, and 
reporting. Should the facility have potential emissions of 
NO<INF>X</INF> or VOCs equal to or greater than 25 tons per year per 
pollutant, the permit requires the facility owner to monitor 
NO<INF>X</INF> or VOC emissions, as applicable, and calculate annual 
emissions. If the actual annual emissions of NO<INF>X</INF> or VOCs are 
equal to or greater than 25 tons per year, the facility owner must 
submit an annual emission statement to the CT DEEP Commissioner.
    At any other time that CT DEEP becomes aware of a source for which 
the owner is not submitting an annual emission statement but that may 
emit actual emissions greater than or equal to 25 tons per year of 
NO<INF>X</INF> or VOCs, CT DEEP requires an annual emission statement 
from the owner under the authority of RCSA section 22a-174-4a(b)(1).

III. Proposed Action

    EPA is proposing approval of portions of Connecticut's May 23, 
2023, SIP submittal. Specifically, we are proposing approval of the 
portion of that submittal that addresses the NNSR requirements for the 
2015 ozone NAAQS for the Greater Connecticut nonattainment area, 
finding the applicable NNSR provisions of Connecticut's regulations 
satisfy the requirements of 40 CFR 51.165 and CAA's anti-backsliding 
requirements implemented at 40 CFR 51.1105. Additionally, we are also 
proposing to approve Connecticut's May 23, 2023, SIP revision request 
addressing certification that Connecticut's emission statement program 
satisfies the requirements of CAA section 182(a)(3)(B) for the initial 
nonattainment designations and the reclassification to moderate 
nonattainment for the 2015 ozone NAAQS.
    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.

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 proposed 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 proposed action:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <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); and
    <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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines EJ as ``the fair treatment and meaningful involvement of 
all people regardless of race, color, national origin, or income with 
respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies.'' EPA further defines 
the term fair treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    Connecticut DEEP did not evaluate environmental justice 
considerations as part of its SIP submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. EPA did not perform an EJ analysis and did not consider EJ 
in this action. Due to the nature of the action being taken here, this 
action is expected to have a neutral or positive impact on the air 
quality of the affected area. Consideration of EJ is not required as 
part of this action, and there is no information in the record 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for communities with EJ concerns.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.


[[Page 79189]]


    Dated: September 23, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-22115 Filed 9-26-24; 8:45 am]
BILLING CODE 6560-50-P


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