17052 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Proposed Rules 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur oxides, Volatile organic 

compounds. 

Dated: March 16, 2022. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA proposes to amend 

40 CFR part 52 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by revising the entry 

‘‘10–6.140’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title 

State 

effective 

date 

EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.140 .......... Restriction of Emissions Credit for Reduced 

Pollutant Concentrations from the Use of 

Dispersion Techniques.

1/30/2020 [Date of publication of the final rule in the 

Federal Register], [Federal Register citation of the final rule].

* * * * * * * 

* * * * * 

[FR Doc. 2022–06041 Filed 3–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2022–0113; FRL–9656–01– 

R1] 

Air Plan Approval; Connecticut; State 

Implementation Plan Revisions 

Required by the 2008 and 2015 Ozone 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Connecticut for purposes of 

implementing the 2008 and 2015 ozone 

National Ambient Air Quality Standards 

(NAAQS). The SIP revisions consist of 

a demonstration that Connecticut meets 

the requirements of reasonably available 

control technology (RACT) for the two 

precursors for ground-level ozone, 

oxides of nitrogen (NOX) and volatile 

organic compounds (VOCs), set forth by 

the Clean Air Act (CAA, or the Act) with 

respect to the 2008 and 2015 ozone 

standards. We are also proposing 

approval of a Consent Order that 

establishes NOX RACT requirements for 

facilities operated by NRG Connecticut. 

Additionally, we are proposing approval 

of Connecticut’s certification that it 

meets the nonattainment new source 

review (NNSR) requirements of the CAA 

for purposes of the 2008 and 2015 ozone 

standards. This action is being taken in 

accordance with the CAA. 

DATES: Written comments must be 

received on or before April 25, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2022–0113 at https://

www.regulations.gov, or via email to 

mcconnell.robert@epa.gov. 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 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. 


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1RACT is defined as ‘‘the lowest emission 

limitation that a particular source is capable of 

meeting by the application of control technology 

that is reasonably available considering 

technological and economic feasibility.’’ (44 FR 

53762, September 17, 1979). 

2Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 

2021). 

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 05– 

2), Boston, MA 02109–3912, telephone 

number (617) 918–1046, email 

mcconnell.robert@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. Background 

II. Summary and Evaluation of Connecticut’s 

SIP Revisions 

a. RACT Certifications and Consent Order 

No. 8377 

b. NNSR Certifications 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On December 21, 2020, the 

Connecticut Department of Energy and 

Environmental Protection (CT DEEP) 

submitted revisions to its SIP to EPA. 

The SIP revisions consist of information 

documenting how Connecticut 

complied with the RACT1 requirements 

for the 2015 ozone standard, and a 

certification that it also meets the RACT 

requirements for areas classified as 

serious for the 2008 ozone standard. 

Connecticut’s submittal includes an 

order issued by the State that establishes 

NOX RACT requirements for facilities 

owned by NRG Connecticut. The State 

also included within the December 21, 

2020, submittal a certification that its 

SIP meets the requirements for NNSR 

permitting for purposes of the 2008 and 

2015 ozone NAAQS. 

Sections 172(c)(1) and 182(b)(2) of the 

CAA require states to implement RACT 

in areas classified as moderate (and 

higher) non-attainment for ozone, while 

section 184(b)(1)(B) of the Act requires 

RACT in states located in the Ozone 

Transport Region (OTR). Specifically, 

these areas are required to implement 

RACT for all major VOC and NOX

emissions sources and for all sources 

covered by a Control Techniques 

Guideline (CTG). A CTG is a document 

issued by EPA which establishes a 

‘‘presumptive norm’’ for RACT for a 

specific VOC source category. A related 

set of documents, Alternative Control 

Techniques (ACT) documents, exists 

primarily for NOX control requirements. 

States must submit rules, or negative 

declarations when no such sources 

exist, for CTG source categories. The 

ACT documents were issued to help 

States determine RACT for major 

sources of NOX, but States do not have 

to submit negative declarations for 

ACTs if they have no sources covered by 

them. However, states must ensure that 

a RACT level of control is imposed on 

major sources of NOX, some of which 

may be within a sector covered by an 

ACT document. 

In 2008, EPA revised the health-based 

NAAQS for ozone, setting it at 0.075 

parts per million (ppm) averaged over 

an 8-hour time frame. EPA determined 

that the revised 8-hour standard would 

be more protective of human health, 

especially for children and adults who 

are active outdoors and individuals with 

a pre-existing respiratory disease such 

as asthma. On May 21, 2012, EPA 

published a final rule establishing 

designations and classifications for the 

2008 ozone standard for most areas of 

the country, including Connecticut (See 

77 FR 30088, May 21, 2012). This final 

rule created two marginal 

nonattainment areas within Connecticut 

that together encompass the entire State. 

The two areas are identified as follows: 

The Greater Connecticut area, which 

includes Hartford, Litchfield, New 

London, Tolland, and Windham 

counties, and the New York, Northern 

New Jersey-Long Island NY-NJ-CT area, 

which includes, within Connecticut, 

Fairfield, Middlesex, and New Haven 

counties. 

Neither of Connecticut’s 2008 NAAQS 

nonattainment areas were able to meet 

the marginal area attainment date, and 

so on May 4, 2016, EPA published a 

final rule that revised the classifications 

of Connecticut’s and other state’s 

nonattainment areas from marginal to 

moderate (See 81 FR 26697, May 4, 

2016). Subsequently, Connecticut’s two 

moderate nonattainment areas also 

failed to meet the moderate area 

attainment date, and so on August 23, 

2019, EPA published a final rule that 

revised the classifications of 

Connecticut’s, and other state’s 

nonattainment areas, from moderate to 

serious (See 84 FR 44238, August 23, 

2019). 

On March 6, 2015, EPA published a 

final rule in the Federal Register that 

outlined the obligations that areas found 

to be in nonattainment of the 2008 

ozone standard needed to address (See 

80 FR 12264, March 6, 2015). This rule, 

herein referred to as the ‘‘2008 ozone 

implementation rule,’’ contained, 

among other things, a description of 

EPA’s expectations for states with RACT 

and NNSR obligations. Regarding RACT, 

the 2008 ozone implementation rule 

indicated that states could demonstrate 

that controls representing RACT were in 

place through the establishment of new 

or more stringent requirements that 

meet RACT control levels, through a 

certification that previously adopted 

RACT controls in their SIP approved by 

EPA under a prior ozone NAAQS 

represent adequate RACT control levels 

for attainment of the 2008 ozone 

NAAQS, or with a combination of these 

two approaches. In addition, a state 

must submit a negative declaration in 

instances where there are no CTG 

sources within its borders. 

Regarding the 2015 ozone NAAQS, on 

June 4, 2018, EPA published a final rule 

establishing designations and 

classifications for this standard for most 

areas of the country, including 

Connecticut (See 83 FR 25776, June 4, 

2018). This final rule created a marginal 

and a moderate nonattainment area 

within Connecticut that together 

encompass the entire State, identified as 

follows: The Greater Connecticut 

marginal area, which includes Hartford, 

Litchfield, New London, Tolland, and 

Windham counties, and the New York, 

N New Jersey-Long Island NY-NJ-CT 

moderate area, which includes, within 

Connecticut, Fairfield, Middlesex, and 

New Haven counties. Additionally, on 

December 6, 2018, EPA published a 

final rule outlining requirements for 

states to follow as they implement the 

2015 ozone NAAQS (See 83 FR 62998, 

December 6, 2018). The December 6, 

2018, final rule is herein referred to as 

the 2015 ozone implementation rule. It 

contains RACT and NNSR requirements 

similar to those outlined within the 

2008 ozone implementation rule, 

although the discretionary interpollutant trading program provided for 

within the NNSR portion of the rule was 

subsequently voided as noted below. 

Regarding NNSR, the minimum SIP 

requirements for NNSR permitting 

programs for the 2008 and the 2015 

ozone NAAQS are located 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 interpollutant trading for meeting the 

emissions offset requirement for ozone, 

this provision was subsequently 

vacated.2 Under the Phase 2 Rule, the 


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SIP for each ozone nonattainment area 

must contain NNSR provisions that: Set 

major source thresholds for NOX and 

VOC 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 

NOX 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 VOC and NOX 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 VOC 

also apply to NOX pursuant to 40 CFR 

51.165(a)(8); and set offset ratios for 

VOC and NOX 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. 

II. Summary and Evaluation of 

Connecticut’s SIP Revisions 

a. RACT Certifications and Consent 

Order No. 8377 

On December 21, 2020, Connecticut 

submitted a demonstration that its 

regulatory framework for stationary 

sources meets the criteria for RACT as 

defined in EPA’s 2015 ozone 

implementation rule. The submittal also 

contained a certification that the State’s 

RACT requirements for the 2008 ozone 

NAAQS that EPA approved on July 31, 

2017 when the State was classified as 

moderate continue to meet the RACT 

standard for areas classified as serious, 

as Connecticut became pursuant to 

EPA’s August 23, 2019, final rule 

mentioned above (See 82 FR 35454, July 

31, 2017). Connecticut’s RACT 

submittal notes that its prior designation 

as a nonattainment area for the 1979, 

1997, and 2008 ozone standards 

resulted in the adoption of stringent 

controls for major sources of VOC and 

NOX, including RACT level controls. 

Connecticut’s major source applicability 

threshold for both VOC and NOX have 

been maintained at 50 tons per year 

except for the portion of the state 

designated as severe for the one-hour 

ozone standard (portions of Fairfield 

and Litchfield counties (See 56 FR 

56694, November 6, 1991) where the 

threshold is 25 tons per year). In 

accordance with the 2008 and 2015 

ozone implementation rules, much of 

Connecticut’s submittal consists of a 

review of RACT controls adopted under 

previous ozone standards and an 

indication of whether those previously 

adopted controls still represent RACT 

for the 2008 and 2015 ozone NAAQS. 

Additionally, Connecticut notes that as 

a member state of the OTR, it works 

with the Ozone Transport Commission 

to identify and adopt, as deemed 

appropriate, regulations on additional 

VOC and NOX categories beyond those 

for which EPA has issued CTGs or ACT 

documents. 

Regarding VOC RACT, the State’s 

December 21, 2020, submittal identifies 

the specific control measures that had 

been previously adopted to control 

emissions from major sources of VOC 

emissions and reaffirms negative 

declarations for some CTG categories. 

Table 3 of Connecticut’s submittal 

contains a summary of the previously 

adopted measures for each of the CTG 

categories. The table identifies the 

specific state rule, where relevant, that 

is in place, the date of state adoption, 

and the date that EPA approved the rule 

into the Connecticut SIP. Table 3 also 

indicates the CTGs for which the state 

makes a negative declaration due to no 

sources existing within the State for the 

sector covered by that CTG. Connecticut 

notes that the following regulations are 

the principal means by which stationary 

sources of VOC emissions are 

controlled, the first being Regulations of 

Connecticut State Agencies (RCSA) 

section 22a–174–20, Control of Organic 

Compound Emissions, the second being 

RCSA section 22a–174–32, Reasonably 

Available Control Technology (RACT) 

for Volatile Organic Compounds, and 

the third being RCSA 22a–174–30a, 

Stage I Vapor Recovery. These rules are 

generally applicable to sources with the 

potential to emit 50 tons or more of 

VOCs per year, except that in portions 

of the State classified as a severe 

nonattainment area under the 1-hour 

ozone standard these rules are 

applicable to sources with the potential 

to emit 25 tons or more per year. 

Additionally, for some CTG categories 

such as surface coating sources, 

Connecticut’s rules include lower 

applicability thresholds consistent with 

the recommended applicability level of 

the relevant CTGs. 

As required, Connecticut’s submittal 

addresses NOX emissions as well as 

VOC emissions. In particular, the 

submittal’s Table 4 lists all major 

sources of NOX (and VOC) in the State 

and identifies the NOX control 

regulation governing each source. 

Connecticut notes that all facilities in 

the State with the potential to emit 50 

tons or more of NOX per year (or 25 tons 

in the portions of Fairfield and 

Litchfield counties noted above) are 

subject to RCSA section 22a–174–22e, 

‘‘Control of Nitrogen Oxide Emissions 

from Fuel Burning Equipment at Major 

Stationary Sources of Nitrogen Oxides.’’ 

Connecticut also subjects some nonmajor sources of NOX to emission limits 

via requirements within RCSA 22a– 

174–22f, High Daily NOX Emitting Units 

at Non-major Sources of NOX. In 

addition, RCSA section 22a–174–38, 

Municipal Waste Combustors, regulates 

NOX emissions from Connecticut’s 

MWCs, which are currently the largest 

NOX emitting sector in the State. 

Connecticut reviewed these regulations 

and determined that they did not need 

to be updated to represent RACT for the 

2008 and 2015 ozone NAAQS given 

recent updates to both regulations that 

EPA approved into the Connecticut SIP. 

Connecticut submittal did include 

updates to NOX emission limits for 

some major sources of NOX, specifically, 

those owned and operated by the State’s 

largest electric utility, NRG Connecticut. 

Those requirements are contained 

within Consent Order No. 8377 which 

the State issued to NRG Connecticut on 

March 10, 2020, and which Connecticut 

included within its December 21, 2020, 

SIP revision request. 

Connecticut’s review of its control 

program for major sources of VOC and 

NOX thus concludes that all major 

sources in the State are subject to RACT 

meeting the requirements of the 2008 

and 2015 ozone standards. 

EPA has reviewed and agrees with 

Connecticut’s determination that it has 

adopted VOC and NOX control 

regulations for stationary sources that 

constitute RACT and determined that 

the set of regulations cited by the State 

within its December 21, 2020, RACT 

certification SIP submittals, along with 

the NOX control requirements for 

equipment owned and operated by NRG 

Connecticut, constitute RACT for 

purposes of the 2015 ozone standard 

and continue to represent RACT for the 

2008 ozone standard. The rationale for 

our determination is provided below. 

Connecticut’s RACT certification 

submittals document the State’s VOC 

and NOX control regulations that have 

been adopted to ensure that major 

sources are subject to RACT level 


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controls in the State. These 

requirements include the following 

Regulations of Connecticut State 

Agencies: Section 22a–174–20, Control 

of Organic Compound Emissions; 

section 22a–174–22e, Control of 

Nitrogen Oxide Emissions from Fuel 

Burning Equipment at Major Stationary 

Sources of Nitrogen Oxides; section 

22a–174–30a, Stage I Vapor Recovery; 

section 22a–174–32, RACT for Organic 

Compound Emissions; and 22a–174–38, 

Municipal Waste Combustors. Two of 

these regulations, sections 22a–174–22e 

and 22a–174–38, contain recently 

strengthened NOX emissions limits that 

EPA has approved into the Connecticut 

SIP (See 82 FR 35454, July 31, 2017). 

Connecticut’s RACT certification 

submittal notes that it has adopted 

numerous single source RACT orders for 

major sources of VOC and NOX that are 

not covered by one of EPA’s CTGs or 

ACTs, and these orders have been 

submitted to EPA and incorporated into 

the SIP, as have individual orders 

providing for NOX trading among 

facilities within the State as authorized 

by section 22a–174–22e (g) of 

Connecticut’s regulations. 

The State’s submittal documents a 

substantial downward trend in ozone 

exceedance days between 1975 and 

2019, much of which is attributable to 

the control measures put in place by 

Connecticut and federal control 

measures adopted since the early 1990s 

pursuant to the Clean Air Act 

amendments of 1990. Connecticut’s 

submittal also documents a substantial 

decline of 63 percent in NOX emissions 

from major stationary sources between 

2002 and 2017. Furthermore, data from 

EPA’s National Emissions Inventory 

(NEI) database indicates that between 

2008 and 2017 VOC emissions from 

stationary point sources emitting 5 tons 

per year or more declined by 15%. In 

2017, the State’s major VOC sources 

emitted less than 1 percent of 

Connecticut’s total anthropogenic VOC 

emissions, and only 6 individual 

facilities emitted more than 50 tons that 

year. 

We last approved a RACT certification 

SIP for Connecticut on July 31, 2017 for 

the 2008 ozone standard (See 82 FR 

35454, July 31, 2017). That action 

included approval of a SIP revision that 

consisted of a comprehensive update of 

the State’s NOX control requirements. 

Specifically, the revision included the 

regulatory changes that Connecticut 

determined were necessary after 

evaluating its RACT requirements for 

boilers, turbines, and reciprocating 

internal combustion engines (RICE). The 

submittal included two new regulations, 

RCSA 22a–174–22e, Control of nitrogen 

oxide emissions from fuel-burning 

equipment at major stationary sources of 

nitrogen oxides and 22a–174–22f, High 

daily NOX emitting units at non-major 

sources of NOX. Section 22a–174–22e 

has reduced NOX emissions via ‘‘Phase 

1’’ requirements that became effective 

on June 1, 2018 and will reduce 

emissions further when more stringent 

‘‘Phase 2’’ limits take effect on June 1, 

2023. Given the later compliance date, 

Connecticut did not rely on the Phase 2 

requirements as part of its RACT 

certification as a moderate area for the 

2008 ozone standard. Rather, the Phase 

2 limits, which are among the most 

stringent limits adopted by any state in 

the Northeast, were adopted then to 

provide lead time for sources subject to 

Phase 2 limits to plan for the financial 

and logistical aspects of meeting these 

strengthened limits. Our July 31, 2017, 

approval contains a description of the 

Phase 1 and Phase 2 NOX emission 

limits Connecticut adopted for boilers, 

turbines, and RICE units. Connecticut’s 

submittal indicates the State explored 

other possible control measures that 

might qualify as a RACT measure or 

measures needed for attainment, and 

additionally considered measures that 

might qualify as a RACT measure or 

measures not tied to attainment but 

could not identify measures that would 

fit in either category. 

In addition to the requirements 

mentioned above, our July 31, 2017, 

action also approved Connecticut’s 

newly adopted RCSA section 22a–174– 

22f, High Daily NOX Emitting Units at 

Non-major Sources of NOX. This 

regulation requires owners of equipment 

at small and medium-sized ‘‘non-major’’ 

sources to track daily emissions during 

the ozone season and take steps to 

reduce emissions if they exceed a 

certain level of NOX emissions. 

Connecticut was not obligated by CAA 

requirements to adopt a regulation for 

these sources to meet RACT since they 

are not major sources. The rule will, 

however, strengthen the State’s overall 

regulatory program for sources of NOX

and help the State in its efforts to attain 

the ozone NAAQS. 

Connecticut’s December 21, 2020, 

submittal included Consent Order No. 

8377 which the State issued to 

Connecticut Jet Power LLC, Devon 

Power LLC, Middletown Power LLC, 

and Montville Power LLC (collectively 

referred to as NRG Connecticut) on 

March 10, 2020. The Order establishes 

case-by-case NOX RACT emission limits 

for five distillate-fired 20-megawatt 

(MW) turbines, identified as Devon 10, 

Middletown 10, Branford 10, Torrington 

Terminal 10, and Franklin Drive 10, two 

diesel-fired 2.75 MW engines identified 

as Montville 10 and Montville 11, and 

for three boilers identified as 

Middletown Unit 4, Montville Unit 5 

and Montville Unit 6. Connecticut 

issued Order No. 8377 in accordance 

with RCSA Section 22a–174–22e (h). 

The RACT limits within the Order are 

for Phase 2 of Connecticut’s NOX RACT 

requirements, which become applicable 

on June 1, 2023. The seven engines and 

turbines are infrequently run units, 

running on average less than 25 hours 

per year based on data from 2014 

through 2018. NRG Connecticut 

demonstrated to the Connecticut DEEP 

that installing and operating NOX

controls on this equipment was not 

technically or economically feasible. 

Section 22a–174–22e (h)(1)(C) requires 

that sources applying for a case-by-case 

RACT determination demonstrate a net 

air quality benefit will occur if the 

request is granted. Consent Order No. 

8377 accomplishes this in two ways, 

first, by requiring that NRG Connecticut 

install new synthetic non-catalytic 

reduction (SNCR) NOX controls on the 

three boilers under its control 

mentioned above. These three boilers 

will reduce their emissions beyond their 

respective NOX emission limits during 

the Phase 1 control period, which runs 

from June 1, 2018 through May 31, 

2023. Additionally, Consent Order No. 

8377 requires the company to retire 250 

banked Discrete Emission Reduction 

Credits (DERCs). 

Connecticut’s submittal also 

addresses RACT for sources of VOCs. 

Prior to the CAA Amendments of 1990, 

VOC control strategies were the primary 

means by which ground level ozone was 

reduced. Accordingly, beginning in the 

1970’s EPA issued Control Technique 

Guidelines (CTGs) for many industries 

that use VOCs. The CTGs provide an 

overview of emission sources and 

control options and establish 

presumptive levels of control. Given 

this, Connecticut has a long history of 

adopting regulations to limit VOC 

emissions from within the State. Table 

3 of Connecticut’s December 21, 2020 

submittal lists the name and issue date 

of all of EPA’s CTGs, an indication of 

whether or not facilities in the CTG 

category exist in Connecticut, the date 

and Federal Register citation for EPA’s 

approval of regulations Connecticut 

adopted to meet the requirements of the 

CTG, and a comments column that, 

among other things, identifies the CTGs 

for which the State makes a negative 

declaration affirming no sources exist 

within the State that would be covered 

by the CTG. We are proposing approval 

of negative declarations Connecticut 

makes for the following CTG categories: 


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3See 80 FR 43960, July 24, 2015. 

Automobile coatings, Large petroleum 

dry cleaners, Fiberglass boat 

manufacturing, Equipment leaks from 

natural gas and gasoline processing 

plants, the Oil and natural gas industry, 

Control of refinery vacuum producing 

systems, wastewater separators and 

process unit turnarounds, Control of 

VOC leaks from petroleum refinery 

equipment, and Flatwood paneling 

coatings. Connecticut reviewed the 

inventory information, interviewed field 

staff, and searched telephone and 

internet web pages, including other state 

government databases, to confirm that 

no facilities exist in the State that are 

covered by the above mentioned CTG 

categories. 

We have reviewed Connecticut’s 

RACT certification demonstration and 

determined that the State’s regulatory 

requirements and the resulting 

reduction in VOC and NOX emissions 

from major sources that they accomplish 

demonstrate that a RACT level of 

control for both pollutants are in place. 

Since we agree that the VOC and NOX

stationary source control regulations 

which Connecticut has cited as meeting 

RACT do conform with RACT for the 

2015 and 2008 ozone standards, we 

propose approval of Connecticut’s 

December 21, 2020, RACT certification 

SIP revision requests. 

b. NNSR Certifications 

Connecticut’s longstanding SIPapproved 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 December 21, 

2020, 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 both ozone nonattainment areas 

within Connecticut. EPA last approved 

revisions to the SIP-approved version of 

Connecticut’s NNSR rule in 2015 3

addressing, among other things, the 

NNSR requirements that apply when a 

major source or major modification 

causes a significant impact in an area 

that is violating the PM2.5 ambient air 

quality standard. In Connecticut’s 

certification, the State provides a sideby-side comparison demonstrating the 

State’s Rules are at least as stringent as 

EPA’s nonattainment new source review 

permitting program requirements. 

As discussed above, on August 23, 

2019, EPA published a final rule that 

reclassified both nonattainment areas in 

Connecticut from moderate to serious 

nonattainment for the 2008 ozone 

NAAQS. For the 2015 ozone NAAQS, 

the Greater Connecticut nonattainment 

area is classified as marginal and the 

Connecticut portion of the New YorkNorthern New Jersey-Long Island area is 

classified as moderate (See 83 FR 25776, 

June 4, 2018). 

Connecticut’s SIP-approved NNSR 

regulation retains the NNSR 

requirements applicable to serious and 

severe nonattainment areas. The State’s 

SIP-approved NNSR regulation defines 

the term ‘‘Severe nonattainment area for 

ozone’’ as including the cities and 

towns in portions of Fairfield and 

Litchfield counties that were 

historically part of the severe New YorkN New Jersey-Long Island, NY-NJ-CT 

ozone nonattainment area designated for 

the one-hr ozone NAAQS. 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 nonattainment 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-hr ozone NAAQS. The SIP’s 

definition of ‘‘Major stationary source’’ 

then uses these terms to define the NOX

and VOC emission thresholds when 

determining if a source is major for 

ozone. The SIP’s major stationary source 

threshold for NOX and VOC in a ‘‘Severe 

nonattainment area for ozone’’ is 25 tons 

per year. The SIP’s major stationary 

source threshold for NOX and VOC in a 

‘‘Serious nonattainment area for ozone’’ 

is 50 tons per year. These thresholds for 

NOX and VOC 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 NOX and 

VOC, as precursors to ozone, in the 

definition of ‘‘Major modification’’ by 

establishing the threshold for either of 

these ozone precursors at 25 tons per 

year in severe non-attainment 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. 

III. Proposed Action 

EPA is proposing approval of 

Connecticut’s December 21, 2020, SIP 

submittals that demonstrate that the 

State has adopted air pollution control 

strategies that represent RACT needed 

for attainment and RACT not tied to 

attainment for purposes of compliance 

with the 2008 and 2015 ozone 

standards. Additionally, we are 

proposing approval of Consent Order 

No. 8377 containing NOX RACT 

requirements for facilities operated by 

NRG Connecticut, and negative 

declarations for CTG categories for 

which Connecticut asserts no facilities 

exist within its borders. 

We are also proposing to approve 

Connecticut’s December 21, 2020, SIP 

revision request addressing the NNSR 

requirements for the 2008 and 2015 

ozone NAAQS for both nonattainment 

areas in the State. The approval also 

includes the applicable NNSR 

provisions of Connecticut’s regulations 

that satisfy the CAA’s anti-backsliding 

requirements. We have concluded that 

the State’s submission fulfills the 40 

CFR 51.1114 revision requirement and 

meets the requirements of CAA section 

110 and the minimum SIP requirements 

of 40 CFR 51.165. 

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. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the following item that the Connecticut 

DEEP submitted to EPA for 

incorporation into the Connecticut SIP 

by letter dated December 21, 2020: 

Consent Order No. 8377 containing NOX

RACT requirements for facilities 

operated by NRG Connecticut. The EPA 

has made, and will continue to make, 

this document generally available 

through https://www.regulations.gov 

and at the EPA Region 1 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. 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. 


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Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Proposed Rules 17057 

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: 

• 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); 

• 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 18, 2022. 

David Cash, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2022–06206 Filed 3–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0221; FRL–9598–01– 

R9] 

Approval and Promulgation of 

Implementation Plans; California; 

Correcting Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On August 28, 2009, the 

Environmental Protection Agency (EPA) 

issued a final rule titled ‘‘Revisions to 

the California State Implementation 

Plan, Antelope Valley Air Quality 

Management District.’’ That publication 

inadvertently omitted regulatory text 

rescinding four previously approved 

rules for the Antelope Valley Air 

Quality Management District portion of 

the California State Implementation 

Plan (SIP). On September 20, 2016, the 

EPA issued a final rule titled ‘‘Approval 

of California Air Plan Revisions, 

Department of Pesticide Regulations.’’ 

That publication listed the wrong EPA 

approval dates and Federal Register 

citations for certain rules. The EPA is 

proposing action to correct these errors. 

DATES: Comments from be received on 

or before April 25, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0221 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. 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. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Gong, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3073 or by 

email at gong.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

the EPA. In the Rules and Regulations 

section of this Federal Register, we are 

correcting the inadvertent omission in 

our August 28, 2009 direct final rule of 

regulatory text removing four rules from 

the Antelope Valley Air Quality 

Management District (AQMD) portion of 

the California SIP. We are also 

correcting the EPA approval dates and 

Federal Register citations for certain 

rules adopted by the California 

Department of Pesticide Regulations 

that we approved in a September 20, 

2016 final rule. We are taking these 

actions in a direct final action without 

prior proposal because we believe this 

error correction action is not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in a 

subsequent action based on this 

proposed rule. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: March 20, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–06291 Filed 3–24–22; 8:45 am] 

BILLING CODE 6560–50–P 


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