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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Rules and Regulations]
[Pages 90230-90232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26329]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2024-0117; FRL-12283-02-R1]

Air Plan Approval; Connecticut; New Haven and Fairfield Counties 
Second 10-Year Limited Maintenance Plan for the 2006 24-Hour PM2.5 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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. On May 9, 2023, and supplemented on February 21, 2024, the 
State submitted a Limited Maintenance Plan (LMP) for the 2006 24-hour 
PM2.5 National Ambient Air Quality Standard (NAAQS) for New 
Haven and Fairfield Counties (New Haven-Fairfield). This revision 
provides for the maintenance of the 2006 24-hour PM2.5 NAAQS 
through the end of the second 10-year portion of the maintenance 
period. Additionally, EPA finds the LMP to be adequate since it meets 
the appropriate transportation conformity requirements. The intended 
effect of this action is to approve Connecticut's LMP for the 2006 24-
hour PM2.5 NAAQS for the New Haven- Fairfield maintenance 
area into the Connecticut SIP. This action is being taken in accordance 
with the Clean Air Act.

DATES: This rule is effective on December 16, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2024-0117. 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, Air and Radiation Division, 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 and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Ayla Martinelli, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 5-MI), Boston, MA 02109-3912, tel. (617) 
918-1057, email [email protected].

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

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On December 14, 2009, EPA designated the New Haven-Fairfield area 
as nonattainment for the 2006 PM2.5 NAAQS (74 FR 58688). 
Subsequently, on October 24, 2013, EPA redesignated the New Haven-
Fairfield area to attainment for the 2006 PM2.5 NAAQS (78 FR 
58467). On September 27, 2024, EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of Connecticut (89 FR 79189). The NPRM

[[Page 90231]]

proposed approval of the State's second, 10-year LMP for the 2006 
PM2.5 standard for the New Haven-Fairfield area. The formal 
SIP revision was submitted by Connecticut on May 9, 2023, and 
supplemented on February 21, 2024.
    The New Haven-Fairfield LMP for the 2006 PM2.5 NAAQS 
submitted by the Connecticut Department of Energy and Environmental 
Protection (CT DEEP) is designed to maintain the 2006 PM2.5 
NAAQS within this area through the end of the second ten-year portion 
of the maintenance period. EPA is approving the plan because it meets 
all applicable requirements under CAA sections 110 and 175A. We are 
also finding the LMP to be adequate as it pertains to transportation 
conformity requirements. Other specific requirements of the LMP and the 
rationale for EPA's action are explained in the NPRM and will not be 
restated here. One public comment was received on the NPRM.

II. Response to Comments

    EPA received one comment during the comment period. The comment we 
received supports the final approval of the proposed action.

III. Final Action

    EPA is approving the Connecticut LMP for the New Haven-Fairfield 
area for the 2006 24-hour PM2.5 NAAQS as a revision to the 
Connecticut SIP. EPA is also finding the LMP to be adequate as it 
pertains to transportation conformity requirements.

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. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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); and
     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, 
Feb. 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.''
    CT 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 to 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.
    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 January 14, 2025. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Particulate matter, Sulfur oxides, 
Volatile organic compounds.

    Dated: November 7, 2024.
David Cash,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends part 52 of chapter I, title 40 of the Code of 
Federal Regulations as follows:

[[Page 90232]]

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. Amend Sec.  52.370 by adding paragraph (c)(134) to read as follows:

 Sec.  52.370  Identification of plan

* * * * *
    (c) * * *
    (134) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on May 9, 2023, and 
supplemented on February 21, 2024.
    (i) [Reserved]
    (ii) Additional materials.
    (A) The Connecticut Department of Energy and Environmental 
Protection document ``Limited Maintenance Plan for Connecticut's Fine 
Particulate Matter (PM2.5) Maintenance Area'' dated March 
2023.
    (B) The CT DEEP document ``Motor Vehicle Assessment for 
Connecticut's Fine Particulate Matter (PM2.5) Maintenance 
Area Limited Maintenance Plan'' received via email dated July 4, 2023.

0
3. Amend Sec.  52.379 by adding paragraph (i) to read as follows:

 Sec.  52.379  Control Strategy: PM2.5

* * * * *
    (i) Approval--EPA is approving a 2006 24-hour PM2.5 
standard Limited Maintenance Plan for the Connecticut portion of the 
New York-N New Jersey-Long Island, NY-NJ-CT fine particle 
(PM2.5) maintenance area, covering New Haven and Fairfield 
Counties, which covers the remaining 10-year portion of the 20-year 
maintenance period. Connecticut submitted this plan to EPA on May 9, 
2023, and supplemented it on February 21, 2024.

[FR Doc. 2024-26329 Filed 11-14-24; 8:45 am]
BILLING CODE 6560-50-P
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