[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Proposed Rules]
[Pages 16772-16777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06891]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0611; FRL-9960-69-Region 1]
Air Plan Approval; CT; Reasonably Available Control Technology
for the 2008 8-Hour Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing approval of State Implementation Plan (SIP)
revisions submitted by the State of Connecticut for purposes of
implementing the 2008 ozone National Ambient Air Quality Standards. The
SIP revisions consist of a demonstration that Connecticut meets the
requirements of reasonably available control technology for the two
precursors for ground-level ozone, oxides of nitrogen (NOX)
and volatile organic compounds (VOCs), set forth by the Clean Air Act
with respect to the 2008 ozone standards. Additionally, we are
proposing approval of three related regulations that limit air
emissions of these pollutants from sources within the State. This
action is being taken in accordance with sections 172, 182, and 184 of
the Clean Air Act.
DATES: Written comments must be received on or before May 8, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2014-0611, at http://www.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, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email [email protected].
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 and Purpose
II. Summary of Connecticut's SIP Revisions
III. EPA's Evaluation of Connecticut's SIP Revisions
a. RACT Certification for the 2008 Ozone Standard
[[Page 16773]]
b. Municipal Waste Combustor (MWC) Regulation
c. NOX Control Requirements for Major Sources
d. NOX Control Requirements for Non-Major Sources
e. Compliance Date for Updated NOX RACT Requirements
f. Other Miscellaneous Revisions
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On July 18, 2014, the Connecticut Department of Energy and
Environmental Protection (CT DEEP) submitted a formal revision to its
State Implementation Plan. The SIP revision consists of information
documenting how Connecticut complied with the reasonably available
control technology (RACT) \1\ requirements for the 2008 8-hour ozone
standard. On September 16, 2016, Connecticut submitted portions of an
amended version of section 22a-174-38 of the Regulations of Connecticut
State Agencies (RCSA) controlling emissions from municipal waste
combustors (MWCs), and requested that these provisions be incorporated
into the Connecticut SIP. Additionally, on January 24, 2017,
Connecticut submitted to EPA as a SIP revision request RCSA section
22a-174-22e, a regulation limiting emissions of NOX from
major sources, and RCSA section 22a-174-22f, a regulation limiting
NOX emissions from non-major sources. The September 16, 2016
and January 24, 2017 submittals are related to Connecticut's
demonstration that the State has complied with the RACT requirements
for the 2008 8-hour ozone standard. Connecticut also included within
the January 24, 2017 submittal, a request that its previous
NOX control regulation, RCSA section 22a-174-22, be
withdrawn from the SIP effective June 1, 2018, because that regulation
was superseded by the other submitted regulations which are more
stringent.
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\1\ RACT 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 (1979))
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Sections 172(c)(1) and 182(b)(2) of the Clean Air Act (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, but not for sources in
ACT categories. However, RACT must be imposed on major sources of
NOX, and some of those major sources may be within a sector
covered by an ACT document.
In 2008, EPA revised the health-based National Ambient Air Quality
Standards (NAAQS, or standards) 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 with regard to children and adults who are active
outdoors and individuals with a pre-existing respiratory disease such
as asthma.
On March 6, 2015 (80 FR 12264), 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. 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 obligations. The 2008 ozone implementation rule
indicated that states could meet RACT 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.
II. Summary of Connecticut's SIP Revisions
On July 18, 2014, Connecticut submitted a demonstration that its
regulatory framework for stationary sources meets the criteria for RACT
as defined in EPA's 2008 ozone implementation rule. The State conducted
a public comment process on its demonstration which concluded on July
11, 2014. Connecticut's RACT submittal notes that its prior designation
as a nonattainment area for the 1979 and 1997 ozone standards resulted
in the adoption of stringent controls for major sources of VOC and
NOX, including RACT level controls. Therefore, as allowed
for within the 2008 ozone implementation rule, 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 ozone NAAQS. Additionally,
Connecticut notes that as a member state of the Ozone Transport
Commission (OTC), it works with that organization 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.
The State's July 18, 2014 submittal identifies the specific control
measures that had been previously adopted to control emissions from
major sources of VOC emissions, reaffirms negative declarations for
some CTG categories, and describes updates Connecticut intended at that
time to make to existing rules to strengthen them so that they would
continue to represent RACT. Table 4 of Connecticut's submittal contains
a summary of the previously-adopted measures for each of the CTG
categories that EPA issued prior to 2006. 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. Connecticut notes that RCSA sections 22a-174-20 and
22a-174-32, which are the principal regulations in Connecticut that
apply to stationary sources of VOC emissions, generally cover sources
emitting 25 or more tons of VOC per year in the area that was
classified as a severe nonattainment area under the 1-hour ozone
standard (portions of Fairfield and Litchfield counties; see 56 FR
56694; November 6, 1991) and those emitting 50 or more tons of VOC per
year in the rest of the State. However, for some CTG categories such as
surface coating sources, Connecticut's rules include lower
applicability thresholds consistent with the relevant CTGs.
Additionally, section IV. A. of Connecticut's submittal describes the
State's response to EPA's issuance of new VOC RACT CTGs in 2006, 2007,
and 2008, which included adoption of a number of new regulations,
negative declarations, and for miscellaneous industrial adhesives,
submittal of a demonstration of an equivalence level of control from an
existing regulation. EPA approved the State's SIP revisions addressing
the 2006, 2007, and 2008 CTGs on June 9, 2014 (79 FR 32873).
As required, Connecticut's submittal addresses NOX
emissions as well as VOC emissions. In particular, the submittal's
Table 5 lists all major
[[Page 16774]]
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 portions of
Fairfield and Litchfield counties) are subject to RCSA section 22a-174-
22, ``Control of Nitrogen Oxide Emissions.'' In addition, RCSA section
22a-174-38, Municipal waste combustors, regulates NOX
emissions from Connecticut's six MWCs, which are currently the largest
NOX emitting sector in the State, surpassing emissions from
the State's fossil fueled electric utilities. Connecticut reviewed
these two regulations and determined that both should be updated in
order to represent RACT for the 2008 ozone NAAQS. Accordingly, on
September 16, 2016, Connecticut submitted a SIP revision including an
updated version of 22a-174-38 that contains a tightened NOX
emission limit for mass burn waterwall refuse combustors. Additionally,
on January 24, 2017, Connecticut submitted a SIP revision that includes
a request to withdraw the State's existing NOX control
regulation, RCSA s+ection 22a-174-22, from the SIP, and replace it with
two NOX control regulations, namely, RCSA section 22a-174-
22e, which limits NOX emissions from major sources, and 22a-
174-22f, which limits NOX emissions from non-major sources
of NOX.
Connecticut's review of its control program for major sources of
VOC and NOX thus concludes that upon completion of its
intended updates to existing NOX rules for MWCs and
combustion sources, all major sources in the State will be subject to
RACT meeting the RACT requirements of the 2008 ozone standard.
III. EPA's Evaluation of Connecticut's SIP Revisions
a. RACT Certification for the 2008 Ozone Standard
EPA has reviewed 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 July 18, 2014 RACT certification SIP submittal,
along with the subsequent adoption of the NOX control
regulations cited below which we are proposing to approve within this
action, constitute RACT for purposes of the 2008 ozone standard.
Connecticut's RACT certification submittal documents the State's
VOC and NOX control regulations that have been adopted to
ensure that RACT level controls are required in the State. These
requirements include the following Regulations of Connecticut State
Agencies: Section 22a-174-20, Control of Organic Compound Emissions;
section 22a-174-22, Control of Nitrogen Oxide Emissions; section 22a-
174-30, Dispensing of Gasoline/Stage I and Stage II Vapor Recovery; \2\
section 22a-174-32, RACT for Organic Compound Emissions; and 22a-174-
38, Municipal Waste Combustors. We note that section 22a-174-22,
Control of Nitrogen Oxide Emissions, will sunset on June 1, 2018, and
be replaced by sections 22a-174-22e, which controls NOX
emissions from major sources, and 22a-174-22f, which controls
NOX emissions from non-major sources. These updated
NOX control regulations are described further below, and
will achieve more emission reductions than the rule they replace.
Furthermore, Connecticut has adopted more stringent controls for some
types of MWCs (also discussed further below), which will likewise
further reduce NOX emissions in the State. 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-174-22.
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\2\ Connecticut subsequently replaced this regulation with RCSA
section 22a-174-30a, which contains the Stage I related provisions
but does not contain the Stage II requirements in light of the
widespread use of on-board vapor recovery. RCSA section 22a-174-30a
was submitted to EPA for approval on September 14, 2015. EPA will
take action on the new RCSA section 22a-174-30a in the near future.
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The State's submittal documents a substantial downward trend in
ozone exceedance days between 1975 and 2013, much of which is
attributable to the control measures put in place by Connecticut,
upwind states, and federal control measures adopted in the early and
mid-1990s pursuant to the Clean Air Act amendments of 1990.
Connecticut's submittal also notes that VOC and NOX
emissions from stationary sources contribute a relatively small portion
to total emissions of those pollutants. For example, the State's major
VOC sources only emitted 880 tons in 2011, which amounts to
approximately 1% of Connecticut's anthropogenic VOC emissions. Major
sources of NOX emissions emitted 5,902 tons in 2011,
representing approximately 7.5% of total NOX emissions in
the State.
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 will be in place given the State's modifications to
existing NOx regulations discussed below. Since we agree that the VOC
and NOx stationary source control regulations which Connecticut has
cited as meeting RACT do meet RACT for the 2008 ozone standard, we are
proposing to approve Connecticut's July 18, 2014 RACT certification
SIP.
Our most recent approval of a RACT certification SIP for
Connecticut is fairly recent, occurring on June 27, 2013 (78 FR 38587),
with respect to the 1997 ozone standard. Since then, in 2014,
Connecticut re-evaluated its RACT regulations and determined that a
number of NOX regulations, as described above, should be
updated to be consistent with requirements in other states. Connecticut
initiated a comprehensive stakeholder process with business, industry,
and environmental advocates which resulted in the development of
tighter NOX limits for MWCs, boilers, turbines, and
reciprocating internal combustion engine (RICE) units. We note that
Connecticut's July 18, 2014 RACT certification also discusses updates
to its existing consumer products and architectural and industrial
maintenance coatings regulations to implement tightened VOC emission
limits. CT DEEP has since proposed these updates but has not yet
submitted them to EPA for approval. Although these rules will assist
Connecticut in its efforts to attain the ozone standard, these updates
are not necessary for EPA's approval of the RACT certification. These
rules do not apply to major stationary sources and are not categories
for which EPA has issued a CTG. Therefore, they are not necessary
components of the State's RACT certification.
b. Municipal Waste Combustor (MWC) Regulation
On December 6, 2001 (66 FR 63311), EPA approved portions of
Connecticut's regulation limiting emissions from MWCs. More recently,
on September 16, 2016, Connecticut submitted portions of an amended
version of the MWC regulation, which is found at RCSA section 22a-174-
38, to EPA, and requested it be incorporated into the SIP. The portions
submitted for inclusion into the SIP pertain to NOX
[[Page 16775]]
emission limits and related regulatory provisions. The primary revision
made within the amendments was a lowering of the NOX
emission limit for mass burn waterwall units from a range of between
177 to 200 parts per million (ppm) to 150 ppm, with an August 2, 2017
compliance date. The amendments also add an emission limit for ammonia,
which will limit emissions of fine particulate matter
(PM2.5) for MWC units that use selective non-catalytic
reduction (SNCR) to control NOX emissions. Additionally,
emission testing requirements, a schedule for testing emissions, and
removal of provisions for use of NOX trading as a compliance
mechanism were among other items included with the amendments. We have
reviewed Connecticut's amended MWC requirements and are proposing
approval of them. The most significant change being made is to the
NOX emission limit for mass burn waterwall units, which is
being lowered from an existing range of between 177 to 200 ppm, to a
new limit of 150 ppm. Since the new limit is more stringent than the
previously approved limit, the anti-back sliding requirements of
section 110(l) of the CAA are met. Additionally, Connecticut's
NOX emission limits for MWCs are more stringent than the
corresponding federal limits for new sources found at 40 CFR part 60,
subparts Ea, Cb, and Eb, and also are more stringent than the
corresponding federal limits for existing sources found at 40 CFR part
62, subpart FFF.
c. NOX Control Requirements for Major Sources
EPA's most recent approval of Connecticut's regulation limiting
NOX emissions from sources in the State occurred on July 20,
2014 (79 FR 39322). On January 24, 2017, Connecticut submitted a SIP
revision to EPA that consisted of a comprehensive update of its
NOX control requirements. Specifically, the revision
included the regulatory revisions that Connecticut determined were
necessary after evaluating the current state of RACT for boilers,
turbines, and RICE engines. 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. The two newly adopted regulations will reduce
NOX emissions beyond the level achieved by the State's
existing NOX control regulation, 22a-174-22, which will
expire as of June 1, 2018. June 1, 2018 is also the effective date of
the ``Phase 1'' control limits that affect some equipment types, as
further described below.
After examining the NOX RACT limits in other states, in
particular those in New York and New Jersey, Connecticut determined
that some of its existing limits for boilers, turbines, and RICE units
should be tightened. Therefore, in order to meet RACT for the 2008
ozone NAAQS, Connecticut adopted tighter limits, which it refers to as
Phase 1 control limits, within section 22a-174-22e. This newly adopted
regulation contains the following changes to 24-hour emission limits,
with a June 1, 2018 compliance date for the new lower limits: for gas-
fired cyclone boilers, rate reduced from 0.43 to 0.3 pounds per million
British Thermal Unit (lbs/mmBTU); for coal-fired ``other boilers,'' \3\
rate reduced from 0.38 to 0.28 lbs/mmBTU; for combined cycle combustion
turbines, rate reduced from 55 to 42 parts per million (ppm) for gas
fired units, and from 75 to 65 ppm for oil fired units. The existing
limit of 0.9 lb/mmBTU for turbines rated at less than 100 million BTU/
hr will be eliminated upon the compliance date for the Phase 1 limits.
Connecticut also added new ozone season limits for boilers serving
electrical generating units (EGUs), industrial boilers, and for simple
cycle turbines in Phase 1. Additionally, Connecticut included a tune-up
requirement applicable to boilers and RICE units to its Phase 1
requirements, which was not previously required. Connecticut included
within its submittal of 22a-174-22e an analysis of the regulation
compared to the State's prior NOX limits within 22a-174-22,
which demonstrates that the newly adopted regulation accomplishes more
emission reductions than the prior regulation, thereby meeting the
requirements of section 110(l) of the CAA.
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\3\ This category of coal fired boilers is applicable to the
State's only coal fired electric utility boiler, Bridgeport Harbor
Station.
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Regarding the strengthened NOX limits, during the
stakeholder process Connecticut was able to negotiate additional
reductions in emission limits for boilers, turbines, and RICE units
beyond those adopted in Phase 1, in part, by agreeing to a phased
approach whereby the more stringent Phase 2 requirements would not need
to be met until 2023. It should be noted that the Phase 2 requirements
are not a necessary part of Connecticut's RACT certification for the
2008 ozone standard. The compliance date for Phase 1 controls is much
sooner, occurring on June 1, 2018. Affected owners of NOX
emitting equipment supported this approach because it provided valuable
lead time to plan for the financial and logistical aspects of meeting
the Phase 2 emission limits. Compliance dates are discussed further in
section e. below.
d. NOX Control Requirements for Non-Major Sources
Regarding 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. The rule's applicability levels are quite
low, reaching as low as 3 mmBTU/hr for certain types of boilers, as low
as 1 mmBTU/hr for RICE units, and as low as 6 mmBTU/hr for simple cycle
and combined cycle turbines. Emission units subject to this rule are
required to comply with various record keeping and reporting
requirements, and in some circumstances, annual tune-up requirements.
Moreover, the rule contains daily NOX emission thresholds,
which if exceeded, will trigger additional requirements for the
emission unit. Once an emission unit triggers the applicable
NOX emission threshold, it must notify the State of this
within 60 days, and thereafter meet the relevant emission rate
contained in RCSA section 22a-174-22e within 270 days of the threshold
being first exceeded. Connecticut is not specifically required to adopt
a regulation for these sources to meet RACT since they are non-major
sources and the CAA requires states to implement NOX RACT
for all 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 included
within its submittal of 22a-174-22f an analysis of the regulation
compared to the State's prior NOx limits within 22a-174-22, which
demonstrates that the newly adopted regulation accomplishes more
emission reductions than the prior regulation, thereby meeting the
requirements of section 110(l) of the CAA. Therefore, for the above
reasons, EPA is proposing to approve Connecticut's 22a-174-22f into the
Connecticut SIP.
e. Compliance Date for Updated NOX RACT Requirements
We have reviewed Connecticut's RACT certification for the 2008
ozone NAAQS and revised NOX control regulations, and are
proposing approval of them into the Connecticut SIP. One
[[Page 16776]]
consideration we evaluated in determining our proposed action on
Connecticut's RACT certification for the 2008 ozone NAAQS was how to
address RCSA section 22a-174-22e's Phase 1 compliance date of June 1,
2018 and RCSA section 22a-174-38's compliance date of August 2, 2017.
Our March 6, 2015 implementation rule required RACT level controls be
in place by January 1, 2017. See 80 FR 12280. However, despite the
compliance dates of June 1, 2018 and August 2, 2017, we believe other
circumstances weigh in favor of and merit our proposed approval of
their RACT certification. Our rationale is as follows.
First, we note that the majority of sources continue to be
controlled under NOX RACT requirements already contained in
the SIP. The June 1, 2018 and August 2, 2017 compliance dates in
question only apply to a subset of all of the facilities subject to
RACT requirements, and those sources are already subject to controls
approved into the SIP to meet RACT requirements, but will be more
strictly controlled under section 22a-174-22e's Phase 1 requirements.
With regard to the new RACT requirements, given that January 1,
2017 has already passed, it is not possible to retroactively meet that
date for compliance obligations. Connecticut completed its stakeholder
process for 22a-174-22e with business, industry, and environmental
advocates in 2016, and although its new NOX regulations
became effective December 22, 2016, the State did not feel it was
reasonable to require immediate compliance, and so sources were given
until June 1, 2018 to come into compliance with the Phase 1 limits.
Likewise, Connecticut's tightened NOX limits for MWCs became
effective on August 2, 2016, and sources are required to comply with
these limits within one year, i.e., by August 2, 2017.
Additionally, Connecticut's adoption of RCSA sections 22a-174-22e
and f contain a number of provisions that accomplish more
NOX reductions than what is required by RACT. For example,
the requirements of 22a-174-22f, High daily NOX emitting
units at non-major sources of NOX, as its name implies,
applies to small- and medium-sized facilities that are not subject to
RACT, but may, on any given day, emit significant amounts of
NOX. This can happen on high electrical demand days (HEDDs),
when additional electrical generating capacity is needed to maintain
service, as determined by the relevant electrical grid operator. Over
the past decade, Connecticut and the other states in the Northeast have
identified this phenomenon as a prime concern because oftentimes these
units, due to their infrequent use and low potential emissions on an
annual basis, are not considered major sources and therefore not
required to be equipped with air pollution controls. Connecticut's
regulatory effort as embodied within 22a-174-22f directly targets this
activity, and although not specifically required to meet the RACT
requirements of the CAA, is something that EPA has encouraged states to
address to help resolve their ozone air quality problems.
Another example of the stringency of Connecticut's recently adopted
NOX control regulations are the Phase 2 emission limits
which will be, upon their enactment, among the most stringent limits
any state has adopted. Although not considered necessary to meet RACT
for the 2008 ozone NAAQS, Connecticut understands that it will need to
perform another RACT certification once implementation of the 2015
ozone NAAQS is underway, and had the foresight to establish the
NOX emission limits that would likely be needed to
demonstrate RACT under the more stringent 2015 ozone NAAQS. This course
of action also provided businesses and industries in the State with
sufficient lead time to accomplish the planning needed to meet the
aggressive Phase 2 NOX emission limits. For these reasons,
we believe it is appropriate to propose approval of Connecticut's
certification that a RACT level of control is in place for major
sources of NOX.
f. Other Miscellaneous Revisions
Additionally, in its January 24, 2017 SIP revision, Connecticut
requested that a number of citations within other sections of its air
pollution control regulations previously approved into the SIP be
updated to reflect citations to the two new NOX control
regulations that are replacing the State's original regulation, RCSA
section 22a-174-22. The sections affected are as follows: RCSA sections
22a-174-8(b)(2); 22a-174-18(j)(6); 22a-174-22c(g)(3); and 22a-174-
38(b)(6). Connecticut's January 24, 2017 and September 16, 2016
submittals also include the following miscellaneous revisions (not
related to the July 18, 2014 RACT certification) for which we are not
proposing any action at this time: RCSA sections 22a-174-3b,
subsections (a)(5) and (6); 22a-174-33(g)(1); 22a-174-42(a); 22a-354-
1(34)(K); and certain non-NOX related portions of 22a-174-
38. Lastly, we are proposing approval of negative declarations
Connecticut has made for the following CTG categories: Automobile
coatings, Large petroleum dry cleaners, Fiberglass boat manufacturing,
Equipment leaks from natural gas and gasoline processing plants,
Petroleum refineries, Control of refinery vacuum producing systems,
wastewater separators, and process unit turnarounds, 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.
IV. Proposed Action
EPA is proposing approval of Connecticut's July 18, 2014 SIP
submittal that demonstrates, along with the other regulations proposed
for approval in today's action, that the State has adopted air
pollution control strategies that represent RACT for purposes of
compliance with the 2008 ozone standard. In this notice, we are
proposing approval of an update to an existing regulation limiting
emissions from MWCs, and a new regulation limiting emissions from major
sources of NOX as representing RACT. We are also proposing
approval of a new regulation limiting emissions from non-major sources
of NOX, and proposing approval of a number of minor edits
made to existing parts of Connecticut's air pollution control
regulations that were updated to make citations correctly reference the
State's newly adopted regulations. Last, we are proposing approval of a
number of negative declarations for CTG categories for which
Connecticut asserts no facilities exist within its borders.
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.
V. 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 Regulations of Connecticut State Agencies:
Section 22a-174-22e, Control of nitrogen oxide emissions from fuel-
burning equipment at major stationary sources of nitrogen oxides,
effective December 22, 2016; Section 22a-174-22f, High daily
NOX
[[Page 16777]]
emitting units at non-major sources of NOX, effective
December 22, 2016; Portions of section 22a-174-38, Municipal waste
combustors, effective August 2, 2016; Section 22a-174-8(b)(2),
effective December 22, 2016; Section 22a-174-18(j)(6), effective
December 22, 2016; Section 22a-174-22c(g)(3), effective December 22,
2016; and Section 22a-174-38(b)(6), effective December 22, 2016. The
EPA has made, and will continue to make, these documents generally
available electronically through http://www.regulations.gov and/or in
hard copy at the appropriate EPA office.
VI. 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 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 15, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2017-06891 Filed 4-5-17; 8:45 am]
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